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Home My WebLink About2001-12-11; City Council; Resolution 2001-3351 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-335 A RESOLUTION OF THE CITY COUNCIL OF THE %ITY 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 Carlsbad 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. . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: Clerk (SEAL) Resolution No. 2001-335 -2- 3 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. 2. 3. 4. Parties: The Parties to this agreement shall be the Cities of Carlsbad and Oceanside. 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 formajize that coordination among the Cities. Authority: This agreement is executed under the authority contained in Government Code Sections 6500 et seq. 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. 6. 7. 8. 9. 10. /llJ llll i/II ifil /ill IIll 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. 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. Amendments: This agreement may be amended at any time, by agreement between the parties. Ll. . . . EEw-3 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 CARLSBAb,.‘4 municipal ATTES-d APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: & /?. /c/&cca, 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 City Attorney -; EXHIBIT 2 APPENDIX C: DRAFT JO INT POWERS AGREEMENT 1. Parties: The Parties to this agreement shall be the Cities of Car Lsbad, Oceanside and Vista, all of whi,sh are w.ithin San Diego County, California. 2. 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 agreeuent will facilitate and formalize that cdordination among the CitizS. 3. Author i tQ: This agreement is executed under the authority contained in Government Code Sections 6500 et seq. . 4. Recitals: The Cities, .- all of which are general law cities, do not relinquish any of their sovereign powers 2s 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 Th.e Buena Vista Lagoon~,Watershed- Coordina.tinq I - . ..., Comm i-t-r-e e .:.4 L.. +:. ,-..-.h- ‘-t PI 2 I’ .., 5. Powers : :. Thk Buena Vista Lagoon WaterThed..!Coordinating Committee is hereby created %., The ..C@r$!.t&ee*sh$.l be an adviso’ry body with .3 -&.;r .:o ‘-t:He a-uthor ity to disc,uss ,‘, :Fz,ddy and r ecomn&q$ c o,ti,.r ses of ac IZion to it’s member ‘Ci ties’&‘.’ Tke’ Committee may*c.otisider issues r.aised 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 Buena 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 oE 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. 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. 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 months. Meetings may also be called’ by 5 of the 9 Committee members . Notices shall be publicly posted at least one week in advance to allow participation by interested public. -48- 9. ll? Amendments: This agreement may be amended at any time, by agreement among the parties . . AU l Effective Date: This agreement shall be effective upon the Financing: The Committee shall have no powers to issue bonds, levy taxes, or otherwise collect fees. The Commit tee 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. 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. vt+ J. &f&/L of Carlsbad for City of Oceksibe .Dcccmbcr Date Date Date Attest: -43- / 1 ,, I.. .i ! *