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HomeMy WebLinkAbout1982-12-21; City Council; Resolution 71004 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 2E 26 27 28 RESOLUTION NO. 7100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVIWG A BUENA VISTA LAGOON JOINT POWERS AGREEMENT WITH THE CITIES OF VISTA AND OCEANSIDE. WHEREAS, it is the recommendation of the legal/financial report dated November 18, 1982 and prepared as part of the ldatershed Enhancement Study for the cities of Vista, Oceanside and Carlsbad that a Joint Powers Agreement be formed to establish a formal framework for the three cities to work together; and WHEREAS, the City Council of the City of Carlsbad believes the execution of a joint powers agreement could lead to an effective watershed management program for the Buena Vista Lagoon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the execution of a Buena Vista Lagoon Joint Powers Agreement with the cities of Vista and Oceanside, as outlined in Exhibit "A" attached, and authorizes the Mayor to sign the agreement on behalf of the city. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 21st day of ~eacmber , 1982, by the following vote, to wit: AYES: Council 1.lernbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT : None ATTEST k " I MARY H. CgSLER, Mayor (SEAL) 3 C E XH I BIT "A" 1. 2. 3. 4 . APPENDIX C: .DRAFT JOI?!T POIJERS AGREEMENT ---I-,.-. Part-i=ss-: .- 32 C,;.'?.s;x~d, Oceanside and Vista, all. of which are within San Dizg;cj Cout~ty, California. The Parties to this agceemenl shall be the Cities -_&_I Yurposc: reS:)iiilCe spanning the jurisdictions of che Cities of Carlsbad, Oceanside and Vista. poil?:ion of the watershed will have effeccs in other portions of the watershed, the Cities find it in their interests to coc)r:di~iate their actions, within tlhe watershed. This agrement will facilitate and formalize that coordination among the Cities. Tho, Buena Vista Lagcon Watershed is a unified Because actions in one \ -I_ Authsr i"t~7- -x * contained izi Government Code S;ect.ions 6500 et seq. This agreement is executed under the authority ..-----.-- Rerit;ils: Tkt Cities, all of which are general 1.2~ cities, do not: relinqCiisi2 any of their sovereign powers BS a result: of this agrcenent. Neither do Chey, by this agreement, und(irtake ta exercise any powers over Lhe Buena Vista Lagoon itself, which is owned by the State of California, and manaLcd by the California Departaient of Fish and Game, as an Ecc1l3gical R2serve. .- Creation --_-- of 'The --- Zuena Vista Lagoon 'qatershed Coordinatirx c0m:zt-i t cce 5. Poiv'3r:;: -___-- - TI::. Euena Vista Lagoon Watershed Coordinating Committee is heteby created. the authority to discuss, study and recomnend courses of- ocLlon to its member Cities. The Committee may consider The Committee shall be an advisory body with -47- .1L e C issues raised any of its members, as wci.L as issues 4,. I r. 'I ~e.ferred to it by any member City. The issues eligible for consideration by he Committee must reLate to actions czhich COiiIci affect the Buena Vista Lagoon \datershed, and shall incI.ucle, butl not be limited to: revisions to the Cities' Mast~er DrGinage Plans, revisions to the Cities' grading and eros:ion control ordinznces, rnethods of joint enforcement of the Cities' ordinances, methods of coordinating planning and per mi^ grantrng 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 conLroll-ing erosion and sedimentation, and methods for lor ..,.itg f ._ funding for such construction froin government and/or pi:ivai::e sector scurces. The Committee shaI-1 draft i.ne~o~:andi_tm of agreeinent to be adopted by the Cities concerning any of these issues about dlich agreement is 1:e:K:Iied , 6. ?jn11113~7_'~bt2: --- --_- - I--- two CJ.!:~ Council members from each of the Cities 02 Carlsbad, 0c~~~::isLde and Vistz; and three public member:; , chosen one each by the Phyors of the three Cities, The term of membership slinL1 be two years. Each member shzll have one vote, A C0rrnnftt:ee ChaSr shall be elected by a majofity of tk ;J C 3omii t t e c . The Comaittee shall consist of nine ne2iSers: 7. Mcetinxs: ---- Kectings shall be called by the Comaittee Chair, as ~fCen as required tc consider the business before the CmmiCtce, hut: in no event, less often than once every two ~:snts'.:s, H.c?ei-.ings may also be called by 5 of the 9 Committee menhers. Nstices sfizll be publicly posted at least one week in aJ~L;ancc to allow participation by interested public. P 8. Financing: The Conmittee shall have no powers to issue bonds, levy taxes, or otherwise collect fees. may apply in its name for State or FedcraL funding for pro-jects recommended by the Conmi ttee and approved by the rrei.:l,er Cities. wiJ.1 then designate a nicnlber City to adrminister the grant and carry out the project as approved. The Committee If such funding is received, the Committee 9. [\nipr,tlocnts: -... - .--- This agreement may be antended at- any time, by agrcbcment among the parties 10. .----,~..-.." Effec1:ive Date: This agreement shall- be effective upon the signatilre of the parties, and shall. renain in effect until. the Committee v.otes to dissolve itself b>7 a vote of 6 of its for Ci'iy of Vista _.+ -.- Date , -43- G