Joint Powers Authority Agreement
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
corporations, 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, 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 for park purposes, and to develop, operate and
maintain parks.
B.Public Agencies agree that it is their goal to create, preserve
and enhancethe San Dieguito River Valley Regional Open Space Park
(hereinafter referred to as "Park") for the benefit of the public.
C.Public Agencies agree that a local agency sha11 be created to
provide a coordinated program for the acquisition, planning, design,
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 agree
as follows:
1.PURPOSE. This agreement is made pursuant to the provisions
of Article 1, Chapter 5, Division 7, 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 agreement is to exercise those powers jointly
to acquire, plan, design, improve, manage, operate and maintain the
San Dieguito River Valley 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 agreement, which is
hereby incorporated by reference as if fully set forth herein. Such
purposes are to be accomplished and said common power exercised 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 greenbelt 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.
(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 "San Dieguito River Valley Regional Open Space
Park Joint Powers Authority" herein called "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
change 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)Two (2) elected members of the governing bodies
of the County of San Diego and the City of San Diego appointed by their
respective, governmental
bodies.
(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 Chair-person of that
Committee. Any vacancy shall be filled in the same manner as described
herein for appointment. The Board shall select its own Chairperson
and Vice Chairperson from among the members.
6.MEETINGS OF THE BOARD.
(a)Regular
Meeting. The Board shall conduct regular meetings at least annually
and such other times as the Board shall direct or the
bylaws specify.
(b)Ralph M. Brown Act. All meetings of the Board, including,
without limitation, regular, adjourned regular, and special meetings
shall be called, noticed, held, and conducted in accordance 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 conduct 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 shall 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 concurrence 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 anddisburse funds upon the warrant or checkwarrant
of Auditor pursuant to the accounting procedures set forth in Section
15 hereof, and shall make the disbursements required by this agreement
or to carry out any of the provisions or purposes of this agreement.
The Treasurer may invest Authority funds in accordance with general
law. All interest collected on Authority funds shall be accounted
for and posted to the account of such funds.
(d)Auditor. The Auditor of the Authority shall be the duly
appointed and acting Auditor of the County of San Diego serving ex-officio
as Auditor of Authority. The Auditor shall draw warrants or check-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 services 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 such 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
shall 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 appropriate
land uses within the Park.
(c)To review and comment on development proposals submitted to Public
Agencieswhich 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 operation and maintenance of the Park. For an initial period,
as determined by Authority, Authority shall 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
function.
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 shall prepare and adopt an annual budget
prior to the beginning of each fiscal year. The "fiscal year" for
Authority shall be coterminous with that of the County.
14.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 activities.
(b)Authority is empowered to make applications for and receive grants
from governmental or private sources for its activities.
(c)Public Agencies may, but shall not be required to contribute
money,office space,furnishings, equipment, supplies, or services
as may be necessary.
(d)Authority may receive gifts, donations, bequests and devises
of all kinds and descriptions, and perform any and all 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 directed 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 shall 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 complete and detailed entry shall be made of
all its transactions, including all receipts and disbursements. Accounting
systems shall be established 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.
(c)Authority shall 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, including all
funds on hand, after payment of all liabilities, costs, 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 sufficient 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
flexibility, 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
agreement 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 Escondido,
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-1-c (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 12th day of June, 1989
