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HomeMy WebLinkAboutResolution No. 2016-C40RESOLUTION NO. 2016-C40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE CITY'S ENTRY INTO A JOINT EXERCISE OF POWERS AGREEMENT IN ORDER TO FORM THE "AZUSA — RMC JOINT POWERS AUTHORITY" FOR THE LONG-TERM OPERATION AND MANAGEMENT OF HILLSIDE LAND NORTH OF THE "ROSEDALE"PROJECT WHEREAS, the City of Azusa ("City") is a municipal corporation, duly organized under the Constitution and laws of the State of California; and WHEREAS, the City has the authority to acquire, develop, maintain, and manage public lands for the public benefit and for public recreation use and enjoyment; and WHEREAS, pursuant to Section 4.16(ii) of that certain "Development Agreement" for the development of the "Rosedale" subdivision, between the City and Monrovia Nursery Company, dated May 27, 2004, the City agreed to accept the dedication of approximately one hundred eighty (180) acres of open space land in the hillsides of north Azusa from the developer and either to retain title to said land as permanent open space or to transfer said land to a non-profit conservancy organization for the same purpose; and WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ("Conservancy") is a public agency with the authority to acquire and manage public lands within the Lower Los Angeles River and San Gabriel River watersheds, and to provide open space, low impact recreational and educational uses, water conservation, watershed improvement, and wildlife and habitat restoration in furtherance of the purpose set forth in Section 32602 of the Public Resources Code; and WHEREAS, the City Council finds that the land described above would be best operated and managed for open space purposes through the joint exercise of the City's and Conservancy's powers to that end; and WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code (Government Code §§6500 et. seq.), commonly known as the Joint Exercise of Powers Act (the "Act"), two or more public agencies may by agreement jointly exercise any power common to them; and WHEREAS, the City of Azusa, by adoption of the attached Joint Exercise of Powers Agreement (the "Agreement, attached hereto as Exhibit "A"), desires to establish an organization, to be called the "Azusa -RMC Joint Powers Authority" (the "Authority"), and a procedure for such joint exercise of powers and authority, as well as to provide for the Authority's power and procedures; 45635.01000\29019364.1 WHEREAS, under the Act and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Incorporation of Recitals. The City Council hereby finds the above recitals to be true and correct. SECTION 2. Approval of Joint Exercise of Powers Agreement The City Council hereby approves the City of Azusa's entry into the Agreement, and to take all necessary actions in furtherance thereof. SECTION 3. CEQA. That the City Council finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act ("CEQA") because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated in CEQA Guidelines Section 15378. SECTION 4. Effective Date. This resolution shall become effective upon its adoption. SECTION 5. Filing of Agreement with Secretary of State. Within 30 days after the effective date of the Agreement, the City Clerk shall cause a notice of the Agreement to be prepared and filed with the California Secretary of State's Office, in accordance with Government Code §6503.5. PASSED, APPROVED AND ADOPTED on June 201h 2016. oseph R. Rocha, Mayor ATTEST: r,.�' i 45635.01000A29019364.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2016-C40 was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 20'h day of June 2016, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C;fr" xejojr City Clerk APPROVED AS TO FORM: Best Best k Krieger, City Attorney 45635.01000129019364.1 EXHIBIT "A" Joint Exercise of Powers Agreement [attached behind this page] 45635.01000129019364.1