Loading...
HomeMy WebLinkAboutCC AG PKT 2009-07-13 #KADEN®A STAFF' REP®RT DATE: July 13, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ~-®OPT RESOLUTION SUPPORTING A CHANGE IN THE VOTING MEMBERS OF THE GOVERNING EOAR® OF THE LOS CERRITOS WETLAN®S AUTHORITY SUMMARY O~ REQUEST: Adopt a resolution supporting a change in the voting members of the Governing Board of the Los Cerritos Wetlands Authority. EAC~CGROUN®: The Los Cerritos Wetlands Authority was established in 2005 pursuant to the Joint Exercise of Powers Act, and is comprised of the following agencies: ^ The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC); ^ State Coastal Conservancy; ^ City of Seal Beach; and ^ City of Long Beach. As indicated in the Staff Report to the Rivers and Mountains Conservancy (provided as Attachment 2): "Over the past several years it has been staff's experience that local elected officials and/or employees of the member cities have both the interest and experience critical tb the success of the LCWA. Therefore, the restriction regarding this appointment is not in the best interest in meeting the objectives established in the agreement. Staff has polled the other three member agencies and it is anticipated that this amendment will be favorably considered by all parties." It has been the experience of the City of Seal Beach that the representatives of the RMC and Coastal Conservancy do experience difficulties in being able to attend meetings, which can delay important decisions relative to the tasks of the Authority, and the requested amendment will address that concern. Agenda Item K Page 2 The proposed amendment to the "Los Cerritos Wetlands Authority Joint Exercise of Powers Agreement" is presented below in an underline/double-strikeout form for consideration and approval by the City Council. "4. GOVERNING BOARD 4.0 The AUTHORITY shall be governed by a "board constituted pursuant to the agreement" within the meaning of Government Code § 6506. 4.1 The Governing Board of the AUTHORITY shall consist of four (~ voting members as follows: (a) One voting member appointed by the Governing Board of the , VY<vv'FTL CFTI:'C E o 1 • (b) One voting member appointed by the City Council of Long Beach; (c) One voting member appointed by the City Council of Seal Beach; (d) One voting member appointed by the Governing Board of the State Coastal Conservancy, The proposed resolution would formally approve the requested amendment: FI~IAIdCIA~ II~IP~-CT: No Impact. R~CONII~IEI~®AT'ION: Adopt Resolution No. 5890, A Resolution of the City Council of the City of Seal Beach Supporting a Change in the Voting Members of the Governing Board of the Los Cerritos Wetlands Authority. SUBMITTED BY: "~' ee Whittenberg Director of Development S ices NOTED AND APPROVED: c~-~'~-~ David Carman City Manager Attachments: A. Resolution No. 5890, B. RMC Governing Board Report Page 3 ATTACHMENT A RESOLUTION NUMBER 5890, A ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING A CHANGE IN THE VOTING MEMBERS OF THE GOVERNING BOARD OF THE LOS CERRITOS ~IETLANDS AUTHORITY RESOLUTION NUMBER 5890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUPPORTING A CHANGE IN THE VOTING MEMBERS OF THE GOVERNING BOARD OF THE LOS CERRITOS WETLANDS AUTHORITY WHEREAS, The Los Cerritos Wetlands Authority was established in 2005 pursuant to the Joint Exercise of Powers Act, and is comprised of the following agencies: ^ San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; ^ State Coastal Conservancy; ^ City of Seal Beach; ^ City of Long Beach. WHEREAS, It has been the experience of the City of Seal Beach that the representatives of the RMC and Coastal Conservancy do experience difficulties in being able to attend meetings, which can delay important decisions relative to the tasks of the Authority, and the requested amendment will address that concern; and WHEREAS, The Executive Officer of the Rivers and Mountains Conservancy has indicated that over the past several years local elected officials and/or employees of the member cities have both the interest and experience critical to the success of the LCWA. Therefore, the restriction regarding this appointment is not in the best interest in meeting the objectives established in the agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Seal Beach City Council hereby approves the proposed amendment to the "Los Cerritos Wetlands Authority Joint Exercise of Powers Agreement' to read as follows. °4. GOVERNING BOARD 4.0 The AUTHORITY shall be governed by a "board constituted pursuant to the agreement" within the meaning of Government Code § 6506. 4.1 The Governing Board of the AUTHORITY shall consist of four (4) voting members as follows: (a) One voting member appointed by the Governing Board of the RMC. (b) One voting member appointed by the City Council of Long Beach; (c) One voting member appointed by the City Council of Seal Beach; (d) One voting member appointed by the Governing Board of the State Coastal Conservancy." Section 2. The City Council directs the City Clerk to forward this resolution to the Executive Officer of the Los Cerritos Wetlands Authority. Resolution Number 5890 PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a meeting held on the 13th day of July , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ~ ' ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5890 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 13th day of July , 2009. City Clerk Page 4 ATTACHMENT B RMC GOVERNING BOARD CONSIDERATION OF . A AMENDING THE LOS NVETLANDS JOINT POWERS DATED MAY 18, 2009 REPORT RE: RESOLUTION CERRITOS AGREEMENT, DATE: May 18, 2009 TO: RMC Governing Board FROM: Belinda V. Faustinos, Executive Officer . SUBJECT: Item 8B: Consideration of a resolution amending the Los Cerritos Uetlands Joint Powers Agreement RECOMMENDATION: That the RMC amend the Los Cerritos Wetlands Joint Powers Agreement to delete the exception for appointment of an elected official of either the City of Long Beach or Seal Beach by either the Rivers and Mountains Conservancy or the State Coastal Conservancy. BACKGROUND: The purpose of the LCWA is to provide for a comprehensive program of acquisition, protection, conservation, restoration, maintenance and operation and environmental enhancement of the Los Cerritos Wetlands area consistent with the goals of flood protection, habitat protection and restoration, and improved water supply, water quality, groundwater recharge and water conservation. Consistent with the Joint Exercise of Powers Act, codified in Chapter 5 of Division 7 of Title 1 of the Government Code, the Los Cerritos Wetlands Authority would be created to exercise the common powers of the participating agencies. The RMC and others have long sought to acquire the former Los Cerritos Wetlands for the purposes of preserving and restoring coastal wetland habitat. The project area lies within the geographical jurisdiction of both the Coastal Conservancy and the RMC, and restoration of the Los Cerritos wetlands is important to the missions of both agencies. The RMC was established in 1999 to acquire, manage and restore wildlife habitat within the San Gabriel River watershed, and the Coastal Conservancy has been working for more than twenty years to acquire and restore properties within the wetland complex. In June 2006 the LCWA acquired 72 acres of land within the Los Cerritos Wetlands Complex, which marked the first purchase of land within the complex for the purpose of wetlands restoration. The interim Stewardship and Management Program is the initial viable step in a series of planning efforts for this recently acquired land, as well as future acquisitions. This plan is intended to serve as a guide to manage short-term access, education, maintenance, and restoration opportunities, until a comprehensive Wetlands Restoration and Enhancement Plan is developed for Los Cerritos. The Interim Stewardship and Management Program is designed to promote community involvement with environmental education, maintenance, restoration, and moriitoring of the wetland areas owned by the LCWA. This program puts forth guidelines to ensure that volunteers use the land appropriately and perform safe and lawful services. Over the last several years it has been staff's experience that local elected officials and/or employees of the member cities have both the interest and experience critical to the success of the LCWA. Therefore, the restriction regarding this appointment is not in the best interest in meeting the objectives established in the agreement. Staff has polled the other three member entities and it is anticipated that this amendment will be favorably considered by all parties. The proposed amendment to Section 4.1 is as follows: The Governing Board of the AUTHORITY shall consist of four (4) voting members as follows: (a) One voting member appointed by the Governing Board of the RMC. - -----._., _r.r......,..,.. ....,....,~ ..~ (b) One voting member appointed by the City Council of Long Beach; (c) One voting member appointed by the City Council of Seal~~Beach; (d) One voting member appointed by the Governing Board of the State Coastar Conservancy. ~~^~^~ ~~^+ +~~ Q.,.,rrl ~h..n ~~+ ~ ~ ~ ~ ~. r , ~ea61•'} . The full text of the agreement is attached. LEGISLATIVE AUTHORITY AND RIIAC ADOPTED POLICIES/AUTHORITIES: On November 21, 2005 the RMC adopted Resolution 2005-95 authorizing a Joint.~Powers Agreement between the RMC, State Coastal Conservancy, City of Long Beach and City of Seal Beach establishing the LCWA created for the purposes of providing a comprehensive program of acquisition, protection, conservation, restoration, maintenance and operation and environmental enhancement of the Los Cerritos Wetlands area consistent with the goals of flood protection, habitat protection and restoration and improved water supply, water quality, groundwater recharge and water conservation.