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HomeMy WebLinkAbout1989-12-12; City Council; Resolution 89-434..- - ' ' I( e 0 am $ZCb $?$ g60g 0:gg z>-Jz QF-55 ?Go, $Urn0 3E20 ZOSS 'kg? >rq aoaQ U '61 >ma !=0 0 1 2 3 4 5 6 RESOLUTION NO. 89-434 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE 8TH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND BYLAWS AMENDMENT TO ESTABLISH SANDAG AS THE REGIONAL PLANNING AND GROWTH MANAGEMENT REVIEW BOARD. WHEREAS, the Proposition C Blue Ribbon Committee 7 8 9 10 11 SANDAG's Board of Directors have recommended and the City COl agrees that SANDAG should be established as the regional Pial and growth management review board. NOW, THEREFORE, BE IT RESOLVED by the City Council 0 City of Carlsbad, California, as follows: 12 13 1. That the above recitation is true and correct. 2. That the Mayor approve and execute the 8th amen 14 15 16 17 18 to the JPA SANDAG attached as Exhibit 1 and the proposed amen to SANDAG bylaws attached as Exhibit 2. PASSED, APPROVED AND ADOPTED at a Regular Meeting c City Council of the City of Carlsbad on the 12th day of m 1989, by the following vote, to wit: 19. 20 AYES: Council Members Lewis, Kulchin, Larson, Mamaux, and : NOES : None. 21 22 23 ll ABSENT : None. 24 I( ATTEST: 25 26 ALEwRAUTEN&?*ty<kerk A&?. 44 27 28 (SEAL) w w ATTACHMENT 1 EIGHTH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS THIS EIGHTH AMENDMENT to the Joint Powers Agreement is made between the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escon- dido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and the County of San Diego, hereinafter collectively or individually referred to as "Member Agencies". RECITALS WHEREAS, SANDAG has proposed a change in the Joint Powers Agree- ment to implement the recommendations of the Blue Ribbon Committee pursuant to. Proposition.C,(approved by the-voters.in.November .1988); and WHEREAS, said change requires an amendment to the SANDAG Joint Powers Agreement; and WHEREAS, the Board of Directors authorized distribution of this amend- ment to the Member Agencies for their concurrence; NOW THEREFORE, in consideration of these recitals, Member Agencies agree as follows: I. That Section 1 of said Joint Powers Agreement be amended to read as follows: 1. Definitions The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates other- wise: a. "Region" shall mean that territory physically lying within the boundaries of the County of San Diego. b. "Regional Board" shall mean the Regional Planning and Growth Management Review Board. c. ttPopulationtt of any Member Agency shall mean that popula- tion last determined for each Member Agency as certified by the State Department of Finance as of April 1, of each year, or if no certification has been made, the last Federal Decen- nial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincorporated area of the County. The population of the region shall be that population determined by adding the population of each Member Agency. w w d. "Fiscal Year" shall mean that year beginning July 1, and ending June 30. 11. , That Subsections 4.A. and 4.B. be added to said Joint Powers Agreement to read as follows: - 4.A. Establishment of Regional Planning and Growth Management Review Board In addition to the purposes and powers set forth herein, SANDAG is hereby designated and shall serve as the Regional Planning and Growth Management Review Board. The Regional Board shall be governed by this Joint Powers Ameement. The issues the Regional Board shall address shall include, but not be limited to: quality of life standards and objectives; holding capaci- ties; growth rate policies; growth phasing; regional land use distri- bution; growth monitoring; open space preservation; significant regional arterials; transportation system management; transporta- . ..A ion.. demand..management; siting and. financing..regional .facilities; fiscal abilities and responsibilities; consistency of regional and local plans; and regional growth management strategy. - 4.B. Sel-Certification Member Agencies agree to determine (''self-certify") the consis- tency of the pertinent elements of their general plans with regional plans. Upon request by a Member Agency, the Regional Board will review these self-certifications, and make comments and recom- mendations regarding consistency. Where determined by the Regional Board to be appropriate, the Regional Board shall use SANDAG's Conflict Resolution Procedure for resolving disputes among Member Agencies. The Regional Board shall adopt rules to establish the self-certification process,. 111. That Section 7 of said Joint Powers Agreement be amended to read as follows: 7. Governing Board of .SANDAG All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall be composed of one pri- mary representative selected by the governing body of each Member Agency to serve until recalled by the governing body of said Member Agency. Each director must be a mayor, councilman, or supervisor of the governing body which selected him. Vacancies shall be filled in the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representative one alternate to serve on the Board of Directors when the primary representative is not available. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representa- tive. 2 '. e w At its discretion? each Member Agency may select a second alter- nate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary repre- sentative nor the regular alternate is able to attend a meeting of the Board of Directors. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. The primary and alternate representatives of the SANDAG Board of Directors shall also serve as members of the Board of Directors when exercising the powers and duties of the Regional Board. The Board of Directors may allow for the appointment of advisory . representatives to sit with the Board of Directors but in no event shall said representatives be allowed to vote. Each director or a designated alternate acting in a director's absence, may receive reimbursement from SANDAG for out-of- pocket and travel expenses incurred by such director or alternate _.on,.,approved. .organizational .business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each director, or a designated alternate acting in a director's absence, shall also receive $75.00 for each Board meeting or Executive Committee meeting attended. The Chairman shall receive additional monthly compensation in an amount estab- €ished from time to time by the Board of Directors. IV. That all other terms and conditions of said Agreement entered into on August 23, 1972, as amended, among Member Agencies shall remain in full force and effect. V. That the Eighth Amendment will become effective on that date the last Member Agency approves the amendment. IN WITNESS WHEREOF, each of the following Member Agencies has caused this Eighth Amendment to the Joint Powers Agreement to be executed by having affixed thereto the signature of the agent 'of said Agency authorized by ody of that Agency. BY for City of National City Date BY BY for City of Chula Vista Date for City of Oceanside Date BY BY for City of Coronado Date for City of Poway Date 3 L w w BY for City of Del Mar Date BY for City of El Cajon Date BY for City of Encinitas Date BY for City of Escondido Date BY for City of Imperial Beach Date BY for City of La Mesa Date BY for City of Lemon Grove Date BY for City of San Diego Date. BY for City of San Marcos Date BY for City of Santee Date BY for City of SoIana Beach Dat.e BY for City of Vista Date BY for County of San Diego Date 4 , e w ATTACHMENT 2 PROPOSED AMENDMENT TO SANDAG BYLAWS Section lb. of Article VI1 of the SANDAG Bylaws requires notice to Member Agen- cies of a proposed change to the Bylaws prior to action by the SANDAG Board. The Blue Ribbon Committee has recommended that Article I1 of said Bylaws be amended by adding Section 6 to read as follows: Section 6 The Board of Directors shall appoint a Technical Committee which shall be a standing committee composed of management staff members from Member Agencies to advise the Board of Directors in the conduct of their responsibili- ties asthe-.RegionalrPlanning & Growth-Management Review Board.