Res 89-072RESOLUTION NO. 89-072
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO AND THE
CITIES OF DEL MAR, ESCONDIDO, POWAY, SAN DIEGO,
AND SOLANA BEACH CREATING THE SAN DIEGUITO
REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY
WHEREAS, in August 1987 the SANDAG Board of Directors formed an Executive
Committee of elected officials form the County Of San Diego and the Cities of
Del Mar, Escondido, Poway, San Diego, and Solana Beach to provide policy direc-
tion for the creation of an open space greenbelt and park system in the San
Dieguito River Valley designated as the San Dieguito Regional Open Space Park
(hereinafter referred to as "Park"); and
WHEREAS, the City of Poway agrees that a local agency shall be created to
provide a coordinated program for acquisition, planning, and design of the Park
and such activities related thereto as provided by a Joint Powers Authority;
and
WHEREAS, an elected official(s) for each of the aforementioned jurisdictions
shall be appointed as a board member(s) of the Joint Powers Authority.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
The City Council hereby agrees to participate in and approves the
language of a Joint Powers Authority for the creation, preservation, and
enhancement of the San Dieguito Regional Open Space Park as described in
Attachment 1.
That Councilmember Jan Goldsmith be appointed as the City of Poway's
representative to the Joint Powers Authority Board and that
Councilmember Brannon be appointed as his designated alternate.
PASSED, ADOPTED, and APPROVED by tl$~City Council of the City of Poway
California at a regular meeting there~ t~is 16th day of May 1989.
Carl R. Kruse, Mayor
ATTEST:
rjorieF~Wahlsten, City Clerk
Resolution No. 89-072
Page 2
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. 89-072 , was
duly adopted by the City Council at a meeting of said City Council held on the
16th day of May , 1989, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BP~qNNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
R/R-5-23.20,21
Marjori~ ~. Wahlsten, City C er
City of~_~ay
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND THE CITIES OF
DEL MAR~ ESCONDIDO~ POWAY, SAN DIEGO AND SOLANA BEACH
CREATING THE SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK
JOINT POWERS AUTHORITY
THIS AGREEMENT is hereby made by and between the COUNTY OF SAN
DIEGO, a political subdivision of the State of California, and the cities of DEL
MAR~ ESCONDIDO~ POWAY~ SAN DIEGO~ and SOLANA BEACH, municipal corpo-
rations~ which shall individually or collectively be referred to as "Public Agencies".
RECITALS
A. Public Agencies are each empowered~ pursuant to California Government
Code Section 6500~ e~ seq.~ to exercise their common powers jointly by agreement~
including the powers to acquire and hold property~ to undertake overall planning for
and to plan and design public facilities and appurtenances for park purposes, and to
develop, operate and maintain parks.
B. Public Agencies agree that it is their goal to create, preserve and
enhance the San Dieguito River Valley Regional Open Space Park (hereinafter
referred to as "Park") for the benefit of the public.
C. Public Agencies agTee that a local agency shall be created to provide a
coordinated progTam for the acquisition~ planning~ desig~ plan implementation,
operation and maintenance of the Park and such other activities related thereto as
determined by this Joint Powers Authority to be appropriate.
NOW, THEREFORE~ in consideration of the recitals and mutual obligations of
the Public Agencies as herein expressed~ the Public Agencies agTee as follows:
1. PURPOSE. This a~reement is made pursuant to the provisions of Article
1~ Chapter 5~ Division ?~ Title 1 of the Government Code of the State of California
(commencing with Section 6500)~ relating to the joint exercise of powers common
to public agencies. Public Agencies each possess the powers referred to in the
recitals hereof. The purpose of this a~reement is to exercise those powers jointly
to acquire~ plan~ design~ improve~ manage~ operate and maintain the San Dieguito
River Vnlley Regional Open Space Park which is described in the SANDAG Focused
Planning Area map, Attachment A hereto~ as amended in accordance with the
terms of this agTeement~ which is hereby incorporated by reference as if fully set
forth herein. Such purposes are to be accomplished and said common power exer-
cised in the manner hereinafter set forth. The goals of the Public Agencies are to
exercise such powers in order to:
(a) Preserve land within the focused planning area of the San Dieguito
River Valley as a regional open space ~reenbelt and park system that protects the
natural waterways and the natural and cultural resources and sensitive lands, and
provides compatible recreational opportunities that do not damage sensitive lands.
FILED
OFFICE OF THE CITY
SAN DIEGO. CALI'FORNCA
(b) Provide a continuous and coordinated system of preserved lands
with a connecting corridor of walking, equestrian, and bicycle trails, encompassing
the San Dieguito River Valley from the ocean to the river's source.
2. TERM. This agreement shall become effective immediately upon
approval by the last of the Public Agencies, and shall continue in full force and
effect so long as any two Public Agencies agree to continue as members or for
twenty-five years, which ever occurs first. At the end of the twenty-five year
term, Public Agencies may act to continue this agreement in full force and effect
for an additional fifty years. Public Agencies shall provide ninety days notice of
intent to withdraw from the Joint Powers Authority.
3. CREATION OF INDEPENDENT AGENCY. Pursuant to Section 6507 of
the California Government Code, there is hereby created a public entity known as
the "Sen Dieguito River Valley Regional Open Space Park Joint Powers Authority"
herein e~lled "Authority" and said Authority shall be an entity separate and apart
from the Public Agencies.
4. BOUNDARIES. The boundaries of the territory within which Authority
shall exercise its powers shall be those described in Attachment A. Said boundaries
may be amended by Authority subject to concurrence by the Public Agencies within '
whose jurisdiction the proposed boundary ehange lies.
5. BOARD. Authority shall be governed by a board to be known as the "San
Dieguito River Valley Regional Open Space Park Board (hereinafter called
"Board"). Each member shall serve in his/her individual capacity as a member of
the Board. The membership of the'Board shall be as follows:
(a)
San Diego and
bodies.
Two (2) elected members of the governing bodies of the County of
the City of San Diego appointed by their respective governmental
(b) One (1) elected member of the City Councils of the cities of Del
Mar, Escondido, Poway and Solana Beach appointed by their respective councils.
(c) The Chairperson of the San Dieguito Citizens Advisory Committee.
The elected members shall serve at the pleasure of their appointing
authority. Each member shall have an alternate which may act in his/her absence.
Alternates shall be chosen in the same manner as regular members except that the
alternate to the Chairperson of the San Dieguito Citizens Advisory Committee shall
be the Vice Chairperson of that Committee. Any vacancy shall be filled in the
same manner as de.~eribed herein for appointment.
The Board shall select its own Chairperson and Vice Chairperson from
among the members.
6. MEETINGS OF THE BOARD.
(a) Regular Meetings. The Board shall conduct regular, meetings at
least annually and such other times as the Board shall direct or the bylaws specify.
C C
(b) Ralph M. Brown Act. Ail meetings of the Board, including, without
limitation, regular, adjourned regular, and special meetings shall be called, noticed,
held, and condueted in aecordanee with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the California Government Code).
(c) Quorum. A majority of Board members shall constitute a quorum
for the transaction of business, except that less than a quorum may adjourn from
time to time. The affirmative vote of at least a majority of the members available
in the quorum shall be required for any act of the Board other than adjournment.
7. RULES OF THE BOARD. The Board may adopt, from time to time,
bylaws, rules, and regulations as may be required for the eonduct of its meetings
and the orderly operation of Authority; and copies and amendments thereto shall be
filed with the Public Agencies.
8. STANDING COMMITTEE. The Board ShAU appoint a standing committee
to be known as the San Dieguito Citizens Advisory Committee which shall be
advisory to the Board. The Committee shall have a Chairperson selected by the
Board and a Vice Chairperson selected by the Committee subject to the concur-
rence of the Board.
9. OFFICERS AND EMPLOYEES OF AGENCY.
(a) Staff. The Public Agencies and the San Diego Association of
Governments will staff Authority,~ until such time as Authority acts to hire or
appoint permanent staff.
(b) Executive Director. The Board may appoint an Executive Director
who shall have such duties as prescribed by the Board.
(c) Treasurer. The Treasurer of the Authority shall be the duly
appointed and active Treasurer of the County of San Diego serving ex-officio as
Treasurer of Authority. The Treasurer shall receive, have the custody of and
disburse funds upon the warrant or cheek-warrant of Auditor pursuant to the
accounting procedures set forth in Section 15 hereof, and shall make the disburse-
ments required by this agreement or to carry out any of the provisions or purposes
of this agreement. The Treasurer may invest Authority funds in aceordance with
general law. All interest collected on Authority funds shall be accounted for and
posted to the account ~f such funds.
(d) Auditor. The Auditor of the Authority shall be the duly appointed
and aeting Auditor of the County of San Diego serving ex-officio as Auditor of
Authority. The Auditor shall draw warrants or cheek-warrants against the funds of
Authority in the Treasury when the demands are approved by the Board, or such
other persons as may be specifically designated for that purpose. Any fees paid to
Auditor for performance of said serviees shall not be greater than those normally
paid by other entities receiving similar services.
(e) Experts and Other Employees. Authority may employ such other
officers, employees, consultants, advisors, and independent contractors as it may
determine necessary.
(f) Authority shall cause sueh of its officers and employees to be
bonded as required by Auditor.
10. POWERS OF AUTHORITY. Authority shall have the powers:
(a) To acquire, hold and dispose of property by any legal method for
Park purposes, to undertake overall planning for and to plan and design the Park,
and to take any and all actions necessary to accomplish these powers. Decisions by
Authority to acquire or dispose of real property shall be subject to prior approval of
the Public Agencies wherein the property to be acquired or disposed of lies. Prior
to acquisition or disposal of real property within the Park by Public Agencies, they
sbsll refer the proposed transaction to Authority for review and recommendation.
However, failure of a Public Agency to so refer a transaction shall not affect its
validity.
(b) To establish guidelines for and advise Public Agencies on appro-
priate .land uses within the Park.
(e) To review and comment on development proposals submitted to
Public Agencies which are within or have an impact on the Park.
(d) To improve, manage, operate and maintain the Park.
(e) To make and enter into contracts and agreements to carry out its
activities.
(f) To employ agents and employees.
(g) To sue and be sued in its own name.
(h) Pursuant to California Government Code Section 6509, the powers
of Authority shall be subject to those legal~ restrictions which the County of San
Diego has upon the manner of exercising said power.
11. OPERATION AND MAINTENANCE. Authority shall provide for oper-
ation and maintenance of the Park. For an initial period, as determined by
Authority, Authority sb~ll contract with the County of San Diego through its
Department of Parks and Recreation to operate and maintain the Park. Authority
shall audit and evaluate County's performance after said initial period and as
necessary to determine whether the County should continue to perform this func-
tion.
12. CONDITIONAL POWERS. Subject to unanimous agreement of Public
Agencies, Authority shall have the power to issue bonds and levy assessments under
any assessment district act or impact fee provisions authorized by State law.
13. BUDGET. Authority sb,~ll prepare and adopt an annual budget prior to
the beginning of each fiscal year. The "fiscal year" for Authority shall be co-
terminous with that of the County.
FUNDING.
(a) Authority shall fund its activities by and is authorized to expend
Satellite Wagering Funds which are available to Authority to carry out its activ-
ities.
(b) Authority is empowered to make applications for and receive grants
from governmental or private sources for its activities.
(e) Public Agencies may, but shall not be required to contribute money,
office space, furnishings, equipment, supplies, or services as may be neeessary.
(d) Authority may receive gifts, donations, bequests and devises of all
kinds and descriptions, and perform any and RI] legal acts in regard thereto as may
be necessary or advisable to advance the objects and purposes of the Authority and
to apply the principal and interest of such gifts, donations, bequests and devises as
may be direeted by the donor, or as the Board of the Authority may determine in
the absence of such direction.
(e) Authority may collect and expend revenues generated from Park
operations and activities.
15. FUNDS DEPOSITED IN COUNTY TREASURY. The Treasury of County
shah be the depository of the funds of Authority and the Treasurer shall receive and
have custody of Authority funds.
16. RECORDS AND ACCOUNTS ~ CHARGE FOR SERVICES.
(a) Authority shall be strictly accountable for all funds.
(b) Authority shall cause to be kept proper books of records and
accounts in which a eomplete and detailed entry shall be made of all its transac-
tions, including all receipts and disbursements. Accounting systems shall be estab-
lished and maintained consistent with State laws and rules and regulations of the
State Controller as required by Auditor. Said.books shall be subject to inspection at
any reasonable time by the duly authorized representatives of Public Agencies.
(e) Authority sbsll cause a single annual audit of the accounts and
records of Authority to be performed as provided in Sections 6505, 6505.1 and
6505.5 of the California Government Code. Within eight (8) months after close of
each fiscal year, a financial statement for such fiscal year shall be provided to the
Public Agencies.
(d) The County of San Diego shall determine the charges, if any, to be
made against Authority for the services of the Treasurer, the Auditor and other
County officers and employees.
17. LIABILITY OF PARTIES. Pursuant to the authority of Section 6508.1 of
the California Government Code, the debts, liabilities, or obligations, of Authority
shall be solely the debts, liabilities and obligations of Authority and not the Public
Agencies.
18. DISPOSITION OF ASSETS. At the termination of this agreement, all
property of Authority, both real and personal, ineluding all funds on hand, after
payment of all liabilities, eosts, expenses, and charges validly incurred under this
agreement, shall be returned to the respective Public Agencies as nearly as possible
in proportion to the contributions, if any, made by each.
19. NOTICES. Notices hereunder shall be suffieient if delivered to.'
COUNTY OF SAN DIEGO
(Address)
CITY OF DEL MAR
(Address)
CITY OF ESCONDIDO
(Address)
CITY OF POWAY
(Address)
CITY OF SAN DIEGO
(Address)
CITY OF SOLANA BEACH
(Address)
20. MISCELLANEOUS. The paragraph headings herein are for convenience
only and are not to be construed as modifying or governing the language in the
paragraph referred to. This agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed.
21. OPERATING MEMORANDA. To preserve a reasonable degree of flexi-
bility, many parts of this agreement are stated in general terms. It is understood
that there will be operating memoranda executed and amended from time to time
which may further define the rights and obligations of the parties hereto.
22. SUCCESSORS. This agreement shall be binding upon and shall inure to
the benefit of the successors to the Public Agencies.
23. PARTIAL INVALIDITY. If any one or more of the terms, provisions,
promises, covenants, or conditions of this agreement shall to any extent be
adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a
court of competent jurisdiction, each and all of the remaining terms, provisions,
promises, covenants, and conditions of this agreement shall not be affected
thereby, and shall be valid and enforceable to the fullest extent permitted by law.
24. FILING OF NOTICE OF AGREEMENT. Within 30 days after this agree-
ment becomes effective pursuant to paragraph 2 above, the SANDAG Executive
Director shall file with the Secretary of State the Notice of Agreement required by
Government Code Section 6503.5.
IN WITNESS WHEREOF, this agreement is executed by the City of Eseondido,
the City of Poway, and the City of San Diego, acting by and through their City
Managers, pursuant to Resolutions No. 89-193, No. 89-072, and NO. 273718
respectively, by the City of Del Mar and City of Solana Beach acting by and
through their City Managers, pursuant to Minute action of April 10, 1989, Item
9N-l-e (confirmed by Resolution No. 89-49) and Minute action of May 1, 1989, Item
7, respectively, and by the County of San Diego, acting by and through the County
Board of Supervisors, pursuant to Minute Order No. 56, authorizing such execution.
('
Dated this 12thday of June , 1989
CItY OF lq )lEi]O// Approved as to form~/~ ~and ~ality '-~ey "~'
~..~. I ~.AI I m .~
% ~.;,.,.,,,.,,.,. ,,..,... ~
CITY OF SOhA~A BEACH
City Manager
CITY OF DEL MAR
City~
CITY OF POWAY
By: ~.~Manager /
CITY OF ESCONDIDO
' '-City M~ger
COUNTY ~F~SAN DIEGO
'C~
By: ;th -'
and/of auth~ by the
S~:per, dso~ of the County of ~ ~
Clerk of t~e Bo~d of Supenti~
(R-89-2255 Rev. 1)
soLuT ON NUMBER R-
ADOPTED ON JUN 1 1989
BE IT RESOLVED, by the Council of The City of San Diego; that
the City Council hereby approves the establishment of the San
Dieguito River Valley Regional Open Space Park Joint Powers
Authority, in accordance with the terms and conditions of the
Joint Exercise of Powers Agreement among the County of San Diego
and the cities of Del Mar, Escondido, Poway, San Diego and Solana
Beach, a copy of which is on file in the office of the City Clerk
as Document No.' RR-
BE IT FURTHER RESOLVED, that the City Manager is hereby
authorized and directed to e~ecute said agreement for and on
behalf of The City of San Diego.
BE IT FURTHER RESOLVED, that the City Council hereby approves
the nomination of the Councilmembers from douncil Districts 1 and
'2, to serve as primary representatives to the San Dieguito River
Valley Regional Open Space Park Joint Powers Authority, and the
Councilmembers from Council Districts 3 and 4, to serve as their
respective alternates to said Authority.
-PAGE 1 OF 2-
BE IT FURTHER RESOLVED, that such primary and alternate
representatives and their duly elected or appointed successors
shall serve on the Authority at the pleasure of the City Council.
APPROVED: JOHN W. WITT, City Attorney
Deputy City Attorney
RH:mb
05/16/89
06/02/89 Rev. 1
Or.Dept:T&LU
R-89-2255
Form=r.none
-PAGE 2 OF 2-
Passed and adop%ed f the Council of The City o~ an.?Diego on
June 12, 1989 by the following vote:
YEAS: Roberts,' McColl,' Pratt,, St~]~ksma, Henderson,
Filner, O' C°nnor.
NAYS: None.
NOT PRESENT: Wolfsheim~ r.
AUTHENTICATED BY:
M_AUREEN 0 ' CONNOR
Mayor of The City of San Diego, California
C~ARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
(SEkL)
By: ~.MNBOVARD : , Deputy
I HEREBY CERTIFY ~hat the above and foregoing is a full, true
and correct copy of RESOLOTION NO. R- Z~37~8 , passed
an~ adopted by the Council of The City of San Diego, California
JUN 1 g 1989
on
(SEAL)
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
By: .
, Deputy