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Res 02-119 RESOLUTION NO. 02-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA A SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT ("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 ("AUTHORITY") WHEREAS, Public Agencies are each empowered, pursuant to California Government Code sections 6500 et 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 to park purposes, and to develop, operate and maintain parks; WHEREAS, Public Agencies exercised their common powers in 1989 and executed the AGREEMENT (a copy of which is on file in the office of the Clerk of the Board of Supervisors of the County of San Diego), which established Authority as an independent agency to plan, design, improve, manage, operate and maintain the San Dieguito River Valley Regional Open Space Park; WHEREAS, Section 9(b) of the AGREEMENT was amended in 1990 to provide additional flexibility with respect to appointment of an executive director; WHEREAS, Public Agencies now wish to amend Section 5 of the AGREEMENT to allow for the appointment of ex officio, non-voting advisory representatives to sit with the Board of Directors; NOW, THEREFORE, in consideration of the recitals and mutual obligations of Public Agencies as herein expresses, Public Agencies agree to amend their AGREEMENT by adding subparagraph (d) to Section 5 of the AGREEMENT as follows: (d) Ex Officio Directors. The Board may appoint ex officio, non-voting, advisory representatives to sit with the Board in open session. Ex officio Board members shall not have alternates. Except as herein expressly amended, all of the terms and provisions of the AGREEMENT and the First Amendment of the AGREEMENT, remain in full force and effect. Resolution No. 02-ii9 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at the regular meeting this 19th day of November 2002. ATTEST: Michael P. Sherrie D. Worrell, Deputy City Clerk STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) SS. I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 02-119 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of November 2002, and that it was so adopted by the following vote: AYES: ENERY, NOES: NONE ABSTAIN: NONE ABSENT: NONE GOLDBY, HIGGINSON, REXFORD, CAFAGNA Snerrie D. Worrell, DePuty City Clerk City of Poway