HomeMy WebLinkAboutSan Diego, County of; 1985-10-29;LMH:rcl 10/l/85
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JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF CARLSBAD, OCEANSIDE, AND SAN MARCOS
THIS AGREEMENT made and entered into this day
of I 1985, by and between the COUNTY OF SAN DIEGO, ,
State of California, a political subdivision of the State of
California, hereinafter referred to as "COUNTY" and the Cities of
CARLSBAD, OCEANSIDE, and SAN MARCOS, all municipal corporations of
the State of California, hereinafter referred to as "CITIES",
WITNESSETH: I
WHEREAS, the COUNTY owns an airport in northern San Diego
County known as the McClellan-Palomar Airport (hereinafter referred
to as the "Airport") which was constructed in part with County funds
along with a Federal Aviation Grant. A condition for receiving said
Grant provided that the Airport be utilized for airport purposes;
WHEREAS, the CITIES have a concern that the Airport will be
expanded in a manner which would lead to an increase in Airport
noise: and
WHEREAS, the Airport does not have an incompatible land use as
defined by State Noise Standards; and
WHEREAS, the Airport has been granted.a limited Airport Operat-
ing Certificate by the Federal Aviation Administration; and.
WHEREAS, the COUNTY has eliminated the second runway from the
Airport master plan; and
WHEREAS, the COUNTY has eliminated any extension in length of
the single runway from the Airport master plan; and
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WHEREAS, the Federal Aviation Administration had concurred in
the elimination of the second runway and deletion of a runway
extension in length; and
WAEREAS, the COUNTY has the authority to monitor aircraft
noises; and
WHEREAS, the COUNTY and each City has the authority to estab-
lish, own, operate and expand an airport; and
WHEREAS, the Airport is situated within the City limits of the
City of Carlsbad and under Public Utilities Code Se&ion 21661.6 the
City of Carlsbad would have to approve any plan to acquire land
within its corporate boundaries to expand or enlarge the Airport;
'and
WHEREAS, the existing development of the Airport and its vici-
nity makes it impractical for COUNTY'to consider the expansion of
theairport; and
WHEREAS', the CITIES are desirous of obtaining from COUNTY a
I long term and binding commitment that the Airport will not be
expanded without the unanimous consent of the CITIES; and
WHEREAS, in order %o ensure that this agreement is binding upon
future boards and councils, COUNTY and CITIES desire to embody their
respective commitments in this Joint Exercise of Powers Agreement
with the understanding that all parties to this Agreement have the
powers, unless otherwise determined by a court of competent juris-
diction, the exercise of which is contemplated by this Agreement.
NOW, THEREFORE, be agreed by the CITIES and the COUNTY that:
. . .
1. This Joint Exercise of Powers Agreement hereinafter referred to
as "Agreement" is made under the provisions of Article I,
Chapter 5, Division 7, Title 1 (commencing with Section 6500 of
the Government Code of the State of California), and is made
for the express purpose of (a) carrying out the intentions of
of the COUNTY and the CITIES as expressed in the recitals to
this Agreement; (b) enabling the CITIES and COUNTY to engage in
collective activities to provide for the continued operation of
the Airport and the provision of airport services to the North
San Diego County area; and (c) provide for collective action in
order to minimize the risk of any possible liability of either
of the CITIES or COUNTY for damages caused by noise caused by
aircraft overflights. The purposes of this Agreement shall be
accomplished and the powers shall be exercised in the manner
set forth below. 5
2. THE COUNTY AGREES IT WILL:
(a) Not apply for a full Airport Operating Certificate without
the unanimous consent of the CITIES.
(b) Not construct a second runway at the Airport without the
unanimous consent of the CITIES.
(c) Not extend the length of the runway at the Airport without
the unanimous consent of the CITIES.
(d) Not permit the maximum gross aircraft weight to exceed
60,000 pounds without the unanimous consent of the CITIES.
(e) Operate the Airport in compliance with state or
federally mandated noise standards.
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(f)
3. THE
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Continue, for a period of one (1) year, to monitor air-
craft noise, including Single Event Noise Exposure Levels
(SENEL), in the Airport Referral Area as described in the
Palomar Airport Comprehensive Land Use Plan, identify
noise sensitive areas and include them in the Airport's
voluntary noise abatement program, and update the pilot
education program for noise abatement procedures.
Thereafter, the County will monitor noise only if (a) the
COUNTY, in its sole discretion, determine? it to be bene-
ficial; or (b) the CITIES agree to paycfor the cost of
monitoring.
CITIES AGREE THEY INDIVIDUALLY AND COLLECTIVELY WILL:
(a) Not become involved in or interfere with the daily opera-
tions or administration of the Airport and will limit
involvement in administrative policy matters to those
% permitted by this Agreement.
(b) Recognize the Airport Influence Area (as shown on the
Comprehensive Airport Land Use Plan), incorporate it into
each of their general plans, and otherwise comply with the
provisions of Article 3.5 (commencing with Section 21670),
Chapter 4, Part 1, Division 9 of the Public Utilities Code
of the State of California, providing for airport land use
commissions.
(c) Recognize that COUNTY-owned industrial park and Fixed Base
Operator facilities on Airport property are not in any way
affected by this Agreement.
Id)
b=)
-.
.* . Cooperate in insuring that the Airport continues to pro-
vide air transportation and fixed base aviation services
to all citizens of the north county area.
Recognize that this Agreement does not in any affect the
rights and duties of the COUNTY under any Agreement with
the State of California or the United States Government or
agencies thereof, or any tenant of the Airport.'
4. IT IS MUTUALLY AGREED AS FOLLOWS:
(a) Administrators of this Agreement, one forteach of the
public agencies participating, are as follows:
County of San Diego - Director Department of Public Works 5555 Overland Avenue Building 2 San Diego, CA 921'23
City of Carlsbad
i
City of Oceanside
City of San Marcos
(b) Notices given by a party to this Agreement to any other
party shall be in writing and addressed to the party's
administrator specified herein.
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(f)
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(9)
. .
This Agreement-may be amended only upon the prior written
approval of the Board of Supervisors and the city councils
of CITIES.
Execution of this Agreement by the parties may be by
separate copies, and once a copy is executed by each
party, the Agreement shall become binding upon all parties
as if all had executed the same copy.
The terms, covenants and conditions of this Agreement
shall be binding upon the successors of epoch party unless
otherwise ordered by a court,of competent jurisdiction.
But so long as a party to this Agreement- remains in exis-
tence, its rights and obligations hereunder shall not be
assigned or in any way transferred to another without the
prior written consent of all other parties hereto.
In the event legal action is brought to enforce the terms
of this Agreement, the successful party or parties shall
be entitled to reasonable attorney's fees and other costs
in amounts to be fixed by the court.
Except as otherwise provided in this Agreement, the COUNTY
shall continue to operate and manage the Airport within
its discretion as it has done heretofore. If any party to
this Agreement believes that any other party is in breach
of this Agreement before taking any steps to institute a
litigation the matter shall be submitted to the admini-
strators of this Agreement who shall attempt to resolve
the problem in the spirit of good faith and cooperation.
. .
If after that process any party to this Agreement remains
convinced that another party is in breach of this Agree-
ment they shall submit their position in writing to the
other party and give the other party a reasonable period
I of time to remedy the alleged breach before any litigation
can be instituted.
(h) Some duties and obligations created by this Agreement are
to be jointly exercised by the parties. However, certain
provisions of this Joint Powers Agreement anticipate pri- 5
mary performance by one of the partics.with the role of
the others limited to support and assistance. This Agree-
ment also provides that the undertakings of the parties
are to be performed at different times and that once per-
formed cannot be undone. It is also understood that the
agreement contemplates the performance of many duties
which are special unique and that the value of performance
cannot be assessed in terms of money or monetary damages.
In light of the foregoing it is agreed that injunctive
relief is the only appropriate and adequate remedy in the
event of a breach of this Agreement.
(i) Each party shall immediately notify the other of any liti-
gation or claim challenging the validity, legality or
enforceability of any provision of this Agreement.
(j) The parties expressly acknowledge and agree that they
shall be jointly and severally liable for any liability
that may arise where the County wishes to take action
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5. This
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under Section 2 subsections (a), (b), (c) or (d) of this
Agreement but CITIES refuse to consent to such action.
COUNTY agrees to allow contribution by each city of its
share of any such liability limited to the rate of no more
than $10,000 per year until each city's pro rata share is
paid in full.
Agreement sets forth the entire understanding of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have capsed this Agree-
ment to be executed and attested by their proper'officers thereunto
duly authorized, their official seals to be hereto-affixed, as of
the date first written above:
ATTEST:
u6x!m,
CITY OF OCEANSIDE
BY
ATTEST:
CITY OF SAN MARCOS
BY
ATTEST:
COUNTY OF SAN DIEGO
BY KATHRYN A. NELSON, Clerk Board of Supervisors
ATTEST:
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RESOLUTION NO. 8249 . .
A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY OF SAN DIEGO CONCERNING MCCLELLAN-PALOMAR AIRPORT.
WHEREAS, the County of San Diego and the City of
Carlsbad have reached an agreement regarding McClellan-Palomar
Airport expansion,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That certain agreement between the County of San
Diego and the cities of Oceanside, San Marcos and Carlsbad
regarding McClellan-Palomar Airport operations marked Exhibit A
and made a part hereof, is hereby approved.
2. That the City's approval shall be effective even if
the other cities do not choose to participate.
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
4. That the City of Carlsbad requests that the Board
of Supervisors approve the agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
29th day of October I 1985 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ASLER, Mayor