HomeMy WebLinkAbout2001-11-06; City Council; 16424; Buena Vista Lagoon Joint Powers Agreement13’
CITY OF CARLSBAD -AGENDA BILL
AB# jb,@g m: DEPT. HD.
MTG. I l-d-01 BUENA VISTA LAGOON
JOINT POWERS COMMITTEE AGREEMENT CITY ATTY.
DEPT. PLN 216 CITY MGR
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 200 1 35 , A PPROVING the new Buena
Vista Lagoon Joint Powers Committee Agreement.
ITEM EXPLANATION:
In 1982, the Buena Vista Lagoon Joint Powers Committee (JPC) was established between the cities
of Carlsbad, Oceanside and Vista. The JPC represents one of the first coordinated watershed
planning entities in San Diego County and had an initial focus of refining the grading ordinances of
each city. Inconsistent grading practices between the three watershed cities was having an obvious
negative impact on Buena Vista Lagoon.
Twenty years later, the Lagoon is now deteriorating physically and biologically because management
practices must be initiated by the lagoon property owner, the State Department of Fish and Game.
To achieve this, the Department has been working with the Buena Vista Lagoon Foundation and the
JPC to initiate a management plan process.
Given the new focus of developing and implementing a management plan, the original focus of the
JPC Agreement has changed. This, in addition to the fact that the City of Vista formally withdrew from the JPC earlier this year, prompted the JPC to direct staff to rewrite the Agreement.
The new JPC Agreement, as attached to the approving Council Resolution, makes simplistic
changes to the original Agreement (also attached) to: (1) remove the City of Vista; (2) clarify the
new focus of the JPC on management plan efforts, and; (3) clarify the definition of a quorum and
number of members. The revised Agreement does not affect how each member city assigns
councilmembers or staff to the JPC.
ENVIRONMENTAL:
The revision of an existing joint powers agreement is not a project pursuant to the California
Environmental Quality Act therefore, does not undergo environmental review.
FISCAL IMPACT:
Since the Buena Vista Lagoon JPC is currently staffed as a Council assignment, there will be no additional fiscal impact to the City’s on-going participation.
EXHIBITS:
1. City Council Resolution No. d 00 t - 3 3 5
2. Existing JPC Agreement.
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RESOLUTION NO. 2001-335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REVISED
AGREEMENT FOR THE BUENA VISTA LAGOON JOINT
POWERS COMMITTEE
CASE NAME: BUENA VISTA LAGOON JPC AGREEMENT
follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, the Buena’ Vista Lagoon Joint Powers Committee, which was
originally formed in 1982, has changed its focus from grading and sedimentation control to the
development of a long-term management plan; and
WHEREAS, the City of Catlsbad has a history of participating in coordinated
activities within Buena Vista watershed; and
WHEREAS, the existing Joint Powers Committee Agreement is in need of
modification to reflect the withdrawal of the City of Vista from the Committee and to clarify the
new focus of developing a management plan in coordination with the lagoon property owner, the
California Department of Fish and Game.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the new Buena Vista Lagoon Joint Powers Committee Agreement,
attached as Exhibit “X” is hereby approved.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of NOVEMBER , 2001, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
Resolution No. 2001-335 -2- - 3 I
EXHIBIT “X”
JOINT POWERS AGREEMENT
This Joint Powers Agreement shall replace and supersede “Appendix C: Draft Joint
Powers Agreement; Exhibit “A”, Dot 83-05” executed in 1983, by the Cities of Carlsbad,
Oceanside and Vista and dissolved on March 19,2001, by a vote of its members.
1. Parties: The Parties to this agreement shall be the Cities of Carlsbad and
Oceanside.
2. Purpose: The Buena Vista Lagoon Watershed is a unified resource spanning
the jurisdiction of the Cities of Carlsbad, Oceanside and Vista. Because actions
in one portion of the watershed will have effects in other portions of the
watershed, the Cities of Carlsbad and Oceanside find it in their interests to
continue to coordinate their actions within the watershed. This agreement will
facilitate and formalize that coordination among the Cities.
3. Authoritv: This agreement is executed under the authority contained in
Government Code Sections 6500 et seq.
4. Recitals: The Cities, both of which are general law cities, do not relinquish any
of their sovereign powers as a result of this agreement. Neither do they, by this
agreement, undertake to exercise any powers over the Buena Vista Lagoon
itself, which is owned by the State of California, and managed by the California
Department of Fish and Game, as an Ecological Reserve.
Creation of the Buena Vista Laqoon Joint Powers Committee
5. Powers: The Buena Vista Lagoon Joint Powers Committee is hereby created.
The Committee shall be an advisory body with the authority to discuss, study and
recommend courses of action to its member Cities. The Committee may
consider issues raised by any of its members, as well as issues referred to it by
either member City. The issues eligible for consideration by the Committee must
relate to actions which could affect the Buena Vista Lagoon Watershed, and shall
include, but not limited to: assisting with the development and implementation of
the Buena Vista Lagoon Management Plan, facilitating regional coordination
regarding shoreline and wetland issues, assisting with securing grants and other
funds to finance Management Plan efforts, methods of joint enforcement of the
Cities’ ordinances, methods of coordinating planning and permit granting
activities of the Cities, participation of the Cities in a joint public education and
training program, the selection of appropriate physical structures (if any) to be
constructed within the watershed for the purpose of controlling erosion and
sedimentation, and methods for locating funding for such construction from
government and/or private sector sources. The Committee may draft
memorandums of agreement to be adopted by the Cities concerning any of these
issues about which agreement is reached.
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Membership: The Committee shall consist of six members: two City Council
members from each of the Cities of Carlsbad and Oceanside; and two public
members, chosen one each by the Mayors of the two Cities. The term of
membership for Councilmembers and public members shall be determined by
City Council assignments as dictated by each individual city. Each member shall
have one vote. Of the six members, a Committee Chair shall be elected by a
majority of the Committee. The term of Chair shall be four years, but may be
extended by re-election for additional four-year terms.
Meetinqs: Meetings shall be called by the Committee Chair, as often as
required to consider the business before the Committee, but in no event, less
often than once every two months. Meetings may also be called by 3 of the 6
Committee members. Notices and agendas shall be publicly posted at least
seventy-two hours in advance to allow participation by interested public.
Meetings must have a quorum in attendance, which shall be defined as four
members of the Committee in attendance. A quorum requires one
councilmember from each city.
Staff Duties: Staffing of the JPC shall be provided by each member City.
Minimum staff duties shall include: a) rotating minute keeping and agenda
setting, and b) keeping records of membership changes and the Chair term
limits.
Financinq: The Committee shall have no powers to issue bonds, levy taxes, or
otherwise collect fees. The Committee may apply in its name for State or
Federal funding for projects recommended by the Committee and approved by
the member Cities. If such funding is received, the Committee will then
designate a member City to administer the grant and carry out the project as
approved.
Amendments: This agreement may be amended at any time, by agreement
between the parties.
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of Carlsbad and Oceanside, and shall remain in effect until the Committee votes
to dissolve itself by a vote of a quorum of members. Approving Resolutions are
attached to this Agreement.
CITY OF CARLSBAO, z) municipal
ATTEST!?
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney c
By: w ./ii. &f&A
Deputy City Attorney
CITY OF OCEANSIDE, a municipal
corporation of the State of California
By:
ATTEST:
Mayor
BARBARA REIGEL WAYNE
City Clerk
APPROVED AS TO FORM:
CITY OF OCEANSIDE, City Attorney
By:
City Attorney
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APPENDIX C: DRAFT JOINT POWERS AGREEMENT
EXHIBIT 2
Parties: The Parties to this agreement shall be the Cities
of Car’ls bad, Oceanside and Vista, all of whi,& are within San
Diego County, California.
Purpose: The Buena Vista Lagoon Watershed is a unified
resource spanning the jurisdictions of the Cities of
Car lsbad , Oceanside and Vista. Because actions in one
portion-of the watershed will have effects in other portions
of the watershed, the Cities find it in their interests to
coordinate their actions-within the watershed. This
agreement will facilitate and formalize that coordination
among the Cities.
Authori&: This agreement is executed under the authority
contained in Government Code Sect.$ons 6500 et seq.
Recit.als: The Cities, -.- all of which are general law cities,
do not relinquish any of their sovereign powers as a result
of this agreement. Neither do they, by this agreement,
undertake to exercise any powers over the Buena. Vista Lagoon
itself, which is owned by the State of California, and
managed by the California Department of Fish and Game, as an
Ecological Reserve.
Creation of ‘The Buena Vista Lagoq_n:Waterstred- Coordin-a-tinq I .* -, .I .,
Comnii-t,-t-ee .‘.- -.* ,;:. ,, i *- .4.-M,; ’ ? r-1 ;- 3’ ’ . 5. Powers : :. :_
The Buena Vista Lagoon Wateryh:d-:Coordinating Committee is
hereby created ?., The .,o&.ee sh$l be an advis&ry body with _I
“the authority to discuss;yr$itidy a<d reco&nd’co.u,rses of .i’ ‘* ‘L. L .
action to it’s member’Ci.tSes’;“ Die’ Committee ‘may *c’ons ider
*) I issues raised by any of its members, as well as issues
referred to it by any member City. The issues eligible for
consideration by the Committee must relate to actions which
could affect the Burna Vista Lagoon Watershed, and’,shalL
include, but not be limited to: revisions to the Cities’
Master Drainage Plans, revisions to the Cities’ grading and
erosion control ordinances, methods of joint enforcement of
the Cities’ ordinances, methods of coordinating planning .and
,permit granting activities of the Cities, participation ‘of
the Cities in a joint public education and training program,
the selection of appropriate physical structures (if any) to
be constructed within the watershed for the purpose of
controlling erosion and sedimentation, and methods for
Locating funding for such construction from government and/or
private sector sources. The Committee shall draft
memorandums of agreement to be adopted by the Cities
concerning any of these issues about which agreement is
reached.
6. Membership: The Committee shall consist of nine members:
two City Council members from each of the Cities of Carlsbad,
Oceanside and Vista; and three public members, chosen one
each by the Mayors of the three Cities. The term of
membership shall be two years. Each member shall have one
vote. A Committee Chair shall be elected by a majority of
the Committee.
7. Meetings_: Meetings shall. be called by the Committee Chair,
as often as required to consider the business before the
Committee, but in no event, Less often than once every two
Meetings may also be called’ by 5 of the 9 Committee * months.
members. Notices shall be publicly posted at least one week
in advance to allow participation by interested public.
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Financing: The Committee shall have no powers to issue
bonds, levy taxes, or otherwise collect fees. The Committee
may apply in its name for State or Federal funding for
projects recommended by the Committee and approved by the
member Cities. If such funding is received, the Committee
will then designate a member City to administer the grant and
carry out the project as approved.
9. Amendments : This agreement may be amended at any time, by
agreement among the parties.
10. Effective Date: This agreement shall be effective upon the
signature of the parties,. and shall remain in effect until
the Committee v.otes to dissolve itself by, a vote of 6 of its
9 members.
of Carlsbad
for City of OceAnsibe
.-
Date
-12.
Date
Date
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December 20,200l
Barbara Riegel-Wayne
City Clerk
City of Oceanside
300 North Coast Highway
Oceanside, CA 92054
Re: Buena Vista Lagoon Joint Powers Committee Agreement
Enclosed is the above agreement fully signed by the City of Carlsbad. This
agreement is being sent to the City of Oceanside for final signature.
It is requested that the original agreement be returned to the City Clerk’s Office,
City of Carlsbad.
If you have any questions, please call this office.
ISABELLE PAULSEN
Administrative Secretary
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Enclosure
c: E Munoz
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 * (760) 434-2808 a9