HomeMy WebLinkAboutBeach Erosion Action Committee; 1988-06-02;N-iRTE IT- DON’T SAY i M!
Date 6/2
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To File
From Karen
The attached copies were sent to us by Kathy Hollywood of the
City of Encinitas and were received by us this date.
show the date the agreements were signed/approved by the
Cities of Enginitas and Solana Beach.
The pages
K.
AIGNER FORM NO. 55032 PRlN
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c
IN WITHESS WHEREOF, each of the following Member Age
has caused this Jcint Powers AGreement to be executed by h
affixed thereto the signature of the agent of szid P
authorized therefore 55’ the legislative body of that Agency.
CITY OF CARLSBAD ATTEST :
Mayor Dilte city Clerk
I
CITY OF DEL MAR ATTEST:
Mayor Date City Clerk w City lerk
c I T Y-07- I -
April 27, 1988 %dFg Mayor 7 Date
CITY OF OCEANSIDE ATTEST :
- Mayor Eate city Clerk
CITY OF S.LN DIEGO ATTEST :
Mayor Date City ClErk
CITY OF SOLESA J3ZAC.Y ATTEST:
Hayor Date City Clerk
COUNTY OF SAN DIEGO ATTEST :
Board of Supervisors Date Clerk of the B
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I
IN WITNESS WHEREOF, each of the following Member Agenc
has caused this Joint Powers Agreement to be executed by ha\
affixed thereto the signature of the agent of said Agc
authorized therefore by the legislative body of that Agency.
CITY OF CARLSBAD ATTEST:
Mayor Date City Clerk
CITY OF DEL MAR ATTEST:
Mayor Date City Clerk
CITY OF ENCINITAS ATTEST:
Mayor Date City Clerk
CITY OF OCEANSIDE ATTEST:
Mayor Date City Clerk
CITY OF SAN DIEGO ATTEST :
Mayor Date City Clerk
ATTEST:
5/+ /?hbe
Date kity Clerk
COUNTY OF SAN DIEGO ATTEST:
Board of Supervisors Date Clerk of the Boa
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JOINT POWERS AGREEMENT
BEACH EROSION ACTION COMMITTEE JOINT POWERS
THIS AGREEMENT, is hereby created by and between the CITY
CARLSBAD, the CITY OF DEL MAR, the CITY OF ENCINITAS, the CITY
OCEANSIDE, the CITY OF SAN DIEGO, the CITY OF SOLANA BEACH,
THE COUNTY OF SAN DIEGO, and hereinafter referred to as "Mem
Agencies. II
RECITALS
A. Member Agencies recognize the urgent need for littc
cell-wide planning and coordination in order to maximize benef
to the region and avoid detrimental effects to adjoin
shoreline.
B. Member Agencies believe that the joint exercise
their powers will provide an organization capable of t
littoral cell-wide planning and coordination.
C. Member Agencies wish to create a regional organizat
which will independently review and make comments to Men
Agencies and grantors regarding projects which may rece
federal or State grants.
D. Member Agencies believe that a Beach Erosion Act
Committee (BEACh) directed solely by officials from each Men
Agency is best suited for littoral cell-wide planning
coordination.
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NOW, THEREFORE, in consideration of these recitals and
mutual obligations of the parties as herein expressed, Mem
Agencies do hereby agree as follows:
1. Definitions
The following terms shall have the meaning ascribed to t
within this section unless the content of their use dicta
otherwise:
a. "Littoral cell" shall mean a geographica
designated coastal compartment with specif supplies and losses of sand and defined transp mechanism paths.
b. "Oceanside littoral cell1f shall mean the s transport cell extending generally from Dana PC southerly to La Jolla.
c. "Fiscal Year" shall mean that year beginning July and ending June 30.
2. Establishment of BEACh
There is hereby created an organization to be known
denominated as the Beach Erosion Action Committee (BEACh), wh
shall be a public entity separate and apart from any Men
Agency. BEACh shall be governed by the terms of this Jc
Powers Agreement and any Bylaws passed, approved, and adopted
its Governing Board.
3. Purpose of Orqanization
The Members Agencies with jurisdictions within the Ocean:
Littoral Sand Cell have a strong, common interest in
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preservation and restoration of our beaches. The maintenance
wide, sandy beaches helps to protect against costly prope
damage, and further, benefits the entire region economically
promoting recreation and tourism. Furthermore, because s
moves throughout the entire littoral cell which extends betw
Dana Point and La Jolla, the beach restoration activit
undertaken in one area may affect the character of the shore1
in adjoining jurisdictions.
Therefore, the purpose of this organization is to fos
greater cooperation toward the maintenance and enhancement of
beaches within the littoral cell.
Neither the Beach Erosion Action Committee nor a majority
the members thereof shall have the authority to impose or ca
out any plan, project, duty, obligation or other responsibil
within the jurisdiction of any Member Agency thereof without
consent of such Agency; further, no Agency shall be required
do anything it does not specifically agree to do.
consideration of carrying out the responsibilities, obligatic
duties, plans, or any other projects, BEACh Member Agencies sk
take into account existing swimming, surfing, fishing, and ot
beach uses so as to carefully balance recreational
environmental interests common to other BEACh Member Agenc
consistent with the general intent of this agreement.
4. Objectives of Orqanization
The primary objectives for which this organization
created are as follows:
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a. Identify coastal erosion problems.
b. Combine local, state, federal, and priv( resources.
c. Facilitate design, financing, and construction shoreline erosion projects.
nourishment, structural solutions, and maintenance of these projects.
d. Carry out protective projects including be
e. Collect and analyze data needed to design proje and to monitor their performance.
f. Coordinate local government involvement and k elected officials and citizens informed.
Prepare contingency plans to be ready in emergenc
so as to direct private efforts to combat eros and take steps necessary to coordinate protection of public property.
g.
h. Spearhead local government lobbying efforts state and federal levels.
5. Administrative Power of BEACh
As may be necessary for the accomplishment of the purpc
of this Agreement, BEACh shall have the power, by majority
vote of its membership as provided for in the BEACh Bylaws,
its own name to:
a. Make and enter into contracts.
b. Employ agents, consultants, and employees.
c. Incur debts, liabilities or obligations, which sk be those of BEACh and not of the Member Agencj
individually or collectively.
d. Review all Member Agency proposals for shore1
erosion control projects.
appropriate state or federal agencies.
e. Comment on such proposals to the Member Agency
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f. Coordinate funding from private and public sour
at the local, state and federal levels.
g. All other powers reasonably related to th
specified above.
6. Power of BEACh to Carry Out Proiects
As may be necessary for the accomplishment of the purpo
of this Agreement, BEACh shall have the power, by the unanim
consent of its voting membership, in its own name to:
a. Acquire, construct, manage, or operate any buildi works or improvements.
b. Acquire, hold or dispose of real or persc
c. Sue and be sued in its own name, except that in
event of a breach of this Agreement, BEACh shall
sue any Member Agency nor any employee or agency any Member Agency.
d. Propose and participate in joint cell-wide projec
e. Act as Agent for project applications.
f. All other powers reasonably related to th
property.
specified above.
7. Board of Directors
BEACh shall be governed by a Board of Directors composed
one (1) duly elected official representative of each Men
Agency.
8. Ex-Officio Membership
The Board of Directors may designate ex-officio members
the Organization. An ex-officio member shall have the right
participate in the organization, but may not vote as a directc
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9. Ralph M. Brown Act
All meetings of the Board of Directors of BEACh shall
called, duly noticed, held and conducted in accordance with
provisions of the Ralph M. Brown Act (commencing with Sect
54950 et. seq. of the California Government Code).
10. Quorum
A majority of all voting members of the Board of Direct
of BEACh, including vacant positions, shall constitute a quc
for the transaction of business, except that less than a guc
may adjourn from time to time. All decisions of the Board
Directors shall be approved by a majority of voting me&
present and voting.
11. Duration of Asreement
This agreement shall continue in full force and effect ur
no less than fifty percent (50%) of the Member Agencies withc
from this Organization by a resolution adopted by the goverr
board of each Member Agency withdrawing.
12. Effective Date of Asreement
This Agreement shall become effective for all purposes
12:Ol a.m. P.D.T. on June 30, 1988 or when this agreement
been executed by all Member Agencies, whichever occurs later.
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13. Asreement Repository
A fully executed copy of this Joint Powers Agreement and
amendments thereto shall be filed with the Board of Direct
and each signatory Member Agency with notice of the agreement
amendment prepared and filed with the office of the Secretary
State in accordance with California Government Code Sect
6503.5.
14. DisDosition of Assets Upon Termination
Upon termination of this Agreement any money or assets
possession of the Organization after the payment of
liabilities, costs, expenses and charges validly incurred un
this Agreement shall be returned to the Member Agencies
proportion to their contributors, if any, determined as of
time of termination.
15. Accountability of Funds
The Board of Directors shall designate an Auditor
Controller of this Organization. The Auditor and Control
shall draw warrants, or check-warrants against the funds of
Organization in the treasury when the demands are approved by
Board of Directors or such other persons as may be specifice
designated for that purpose in the Bylaws. Said Auditor
Controllers shall comply with all duties under Article 1, Char
3, Division 7, Title I, of the California Government C
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commencing with Section 6500. At the end of each fiscal y
there shall be an audit conducted by an independent, accredi
certified public accountant. The Auditor and Controller of
Organization shall establish and maintain such funds and accou
as may be required by good accounting practices or bylaws pas
and adopted by this Organization. The books and records of
Organization in the hands of the Auditor and Controller shall
open to inspection at all reasonable times by representatives
the Member Agencies. The Auditor and Controller of t
Organization, within one hundred twenty (120) days after
close of each fiscal year, shall give a complete, written reF
of all financial activities for such fiscal year to Men
Agencies.
16. Desisnation of Treasurer
The Board of Directors shall appoint a Treasurer of t
Organization. The Treasurer shall receive, have the custody
and disburse Organization funds upon the warrant or che
warrant of the Auditor and Controller pursuant to the account
procedures established by the Auditor and Controller, and sk
make the disbursement required by this Agreement or to carry
any of the provisions or purposes of this Agreement.
Treasurer of this Organization may invest organizational fund2
accordance with general law. All interest collected on I
funds shall be accounted for and posted to the account of I
funds.
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17. Budset
The Board of Directors shall have the authority to ra
funds as it deems necessary to carry out the objectives of
Organization through public or private grants and entitleme
and Legislative appropriations.
The Board of Directors shall approve a preliminary budget
later than April 1 of each year.
The Board of Directors shall adopt a final budget no la
than June 1 of each year. A copy of the preliminary budget, ~n
approved, and a copy of the final budget, when adopted, shall
filed with each Member Agency.
18. Contributions and Indemnification by Member Asencies
Contributions and indemnifications by and between Men
Agencies of BEACh shall be granted and performed in accorde
with applicable provisions of the California Government Code.
19. Adoption of Bylaws, Rules and Regulations
The Board of Directors may adopt from time to time, bylc
rules, and regulations as may be required for the conduct of
meetings and the orderly operation of the Organization. Coy
and amendments thereto shall be filed with each Member Agency.
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IN WITNESS WHEREOF, each of the following Member Agenc
has caused this Joint Powers Agreement to be executed by hav
affixed thereto the signature of the agent of said Age
authorized therefore by the legislative body of that Agency.
ATTEST :
pM.--f /I /9w - Dad City Clerk
CITY OF DEL MAR ATTEST:
Mayor Date City Clerk
CITY OF ENCINITAS ATTEST :
Mayor Date City Clerk
CITY OF OCEANSIDE ATTEST :
Mayor Date City Clerk
CITY OF SAN DIEGO ATTEST :
Mayor Date City Clerk
CITY OF SOLANA BEACH ATTEST :
Mayor Date City Clerk
COUNTY OF SAN DIEGO ATTEST :
Board of Supervisors Date Clerk of the Boar
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BEACH EROSION ACTION COMMITTEE
BYLAWS
ARTICLE I NAME, PURPOSE, AND POLICY
Section 1
Name: The name of this organization shall be the Beach Eros Action Committee (hereinafter referred to as BEACh).
Section 2
Purpose : The various political jurisdictions within Oceanside Littoral Cell have a strong common interest in preservation and restoration of our beaches. The maintenance wide, sandy beaches helps to protect against costly prope damage, and further benefits the entire region economically
promoting recreation and tourism. Furthermore, because s moves throughout the entire littoral sand cell which exte
between Dana Point and La Jolla, the beach restoration activit undertaken in one area may affect the character of the shorel in adjoining jurisdictions.
Therefore, the purpose of BEACh is to foster greater cooperat
toward the maintenance and enhancement of the beaches in
Oceanside Littoral Cell.
Section 3
POLICY: It is the policy of the Member Agencies to:
a. Communicate regularly with each other on be protection and restoration matters in order to ens maximum cooperation;
b. Promote the restoration of the beaches within
Oceanside Littoral Cell which are an important econo
and recreational resource to the region;
c. Support maximum replenishment of beach sand thro
projects such as the Oceanside sand bypass, dredging
Agua Hedionda Lagoon, and other potential projects t
may arise within the Oceanside Littoral Cell;
d. Coordinate all beach restoration and shorel
protection projects to maximize benefits to the regi
and avoid detrimental effects on adjoining beach area
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Section 4
VOTING RIGHTS: Each governmental entity having membership BEACh is entitled to one vote, including the Chairperson. 0
elected representatives, or their alternates to the Board
Directors who are also elected representatives, may vote.
non-elected person appointed by the Member Agency to serve as alternate to its representative may participate in deliberations of the Board of Director's meetings, but may
vote and shall not be counted for purposes of determining whet
a quorum is present.
Section 5
OFFICERS :
a. Election of officers shall be held every year. Chair shall make appointments to fill vacanc occurring between elections.
b. There shall be a Chair, 1st Vice Chair, 2nd Vice Cha 3rd Vice Chair, and Secretary.
c. All officers shall be elected for a term of one year
shall serve until their successors are elected. T
shall begin their term of office immediately follow
election.
d. Officers shall be nominated from the floor of the Bo
of Directors and elected by a majority vote of
Directors present and voting.
ARTICLE I11 EXECUTIVE COMMITTEE, STANDING COMMITTEES. AND AD HOC COMMITTE
Section 1
EXECUTIVE COMMITTEE:
a. There shall be an Executive Committee composed of
officers of the organization who are elected by Board of Directors.
b. Each member of the Executive Committee may havc
prescribed alternate, who must be an elected official that Member's Agency.
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Section 2
DUTIES OF THE EXECUTIVE COMMITTEE:
The functions of the Executive Committee at the direction the Board of Directors shall be to:
a. Give specific direction to BEACh staff or consultants
b. Review all Member Agencies' applications for federal state permits or funding for beach restoration
coastal erosion control activities within the litto
cell. If the Executive Committee determines that
particular application is of regional significance
requires further coordination, the Committee sh forward the application to the Board of Director review and action;
If the Executive Committee determines that a particu application does not have any regional significance does not require further regional coordination,
Committee shall review and comment on the applicat
and report its action to the Board of Directors;
Where the Executive Committee has acted on application which is not of regional significance requires further regional coordination, no furt processing through the Board of Directors will required, unless the Board of Directors requests t the application be submitted to the Board;
c. Make recommendations to expedite the BEACh program
objectives;
d. At the discretion of the Executive Committ
participate in the review of committee recommendati
on significant issues requiring Board action; and
e. Perform such other functions and exercise such ot
responsibilities as may from time to time be delega
by the Board of Directors.
Section 3
STANDING AND AD HOC COMMITTEES:
a. The Chair shall have the authority to appoint committ
or subcommittees, with confirmation of the appointme
made by the Board of Directors.
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b. Standing committees may be appointed to carry
general and continuing functions and may be abolis only upon specific action of the Board of Directors.
c. Ad hoc committees may be appointed as the need arises
carry out specific tasks. Upon completion of assignment, each ad hoc committee shall be disbanded.
d. Standing or ad hoc committee members may be eit elected officials or their designated alternates. E
member shall be entitled to one vote. Ex-of f i members may serve on standing or ad hoc committees
may not vote.
by a majority vote of the members present constituting a quorum.
e. Standing or ad hoc committee members may elect offic
Section 4
MODIFICATIONS OF BYLAWS: Modifications to the BEACh Bylaws
occur from time to time as deemed appropriate by a majoril vote of the members of BEACh.
ARTICLE IV MEETINGS
Section 1
SXJORUM: A majority of members of the Board of Directors,
Executive Committee, or any standing or ad hoc committee sh constitute a quorum for the conduct of business. All decisi shall be by a majority vote of those present and voting.
Section 2
PARLIAMENTARY PROCEDURE: Parliamentary procedure at all meeti shall be governed by Roberts Rules of Order except as otherw modified by the Joint Powers Agreement or these By-laws.
Section 3
PROXIES: No proxies will be permitted.
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ARTICLE V
INFORMATION, PUBLIC DISCLOSURE, AND EVALUATION
Section 1
INFORMATION AND EVALUATION:
a. The organization shall disseminate informat
concerning its work program and activities.
required information system should be organized
categorized so that it would continue to allow full
efficient use of information by the public and priv
sectors.
Adequate provision for citizen participation at Board
Director meetings shall be provided as required by
and as directed by the Board of Directors.
c. The Board of Directors shall appoint a stand committee of its members to perform an annual evaluat of the organization's goals, structure, and performan directed toward continually improving the planni coordination, and implementation process. The commit shall submit a written report of its evaluation to Board of Directors.
b.
ARTICLE VI
STAFFING
Section 1
RETAINED STAFFING: The Board of Directors may employ
executive director, consultants, or other staff as it de necessary to carry out the objectives of the organization. Tk
employed shall not acquire tenure and may be terminated at ~n
for any reason.
Section 2
APPOINTED STAFFING: The Board of Directors may designate
Chair, as provided in Article 11, Section 5 of the BEACh Bylz
to provide staff from the Chairs' Member Agency during the t of Chairs' service to BEACh. Those provided from the Chaj Member Agency shall serve at no cost to BEACh and shall acquire tenure from BEACh.
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ARTICLE VI1
HOLD HARMLESS
Section 1
HOLD HARMLESS: The organization shall defend, indemnify
otherwise hold harmless its members, officers and employees f
any liability, including legal representation, because of any
or omission incurred during the course and scope of their dut
except acts of gross negligence. The organization may acqu
insurance to protect against any such risks of loss.
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1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619) 1
Office of the City Clerk MitQ of Marlabab
May 12, 1988
Jo Seibert, City Clerk City of Del Mar 1050 Camino Del Mar Del Mar, CA 92014
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BWCH EROSION ACTION COMMl (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Resol
No. 88-154 approving the joint powers agreement between the Cities of Carl Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County o Diego to formulate a Regional Beach Erosion Action Committee (BEACh approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreeme Member Agencies.
After approval by your City Council, we would appreciate receiving a coni copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
K F-3357- REN R. Ut4 TZ Deputy City Clerk
dP
Enclosures
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1200 ELM AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (61 9)
Office of the City Clerk Mifg of Marlnbnb
May 12, 1988
Jane Pool, City Clerk City of Encinitas 535 Encinitas Boulevard, #lo0 Encinitas, CA 92024
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION COM! (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Res(
No. 88-154 approving the joint powers agreement between the Cities of Cai Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County Diego to formulate a Regional Beach Erosion Action Committee (BEACI approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreem Member Agencies.
After approval by your City Council, we would appreciate receiving a cor copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
~REN v+$w Deputy City Clerk
dP
Enclosures
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1200 ELM AVENUE TELEP
CARLSBAD, CALIFORNIA 92008 (619) 43
Office of the City Clerk
Mitg of Marlsbab
May 12, 1988
Barbara Bishop-Smith, City Clerk City of Oceanside 704 Third Street
Oceanside, CA 92054
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION COMMIl (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Resolu
No. 88-154 approving the joint powers agreement between the Cities of Carls
Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County of
Diego to formulate a Regional Beach Erosion Action Committee (BEACh) approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreemen. Member Agencies.
After approval by your City Council, we would appreciate receiving a confo
copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
GTP* K REN R. KM’DTZ 2 eputy City Clerk
dP
Enclosures
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1200 ELM AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (619)
Office of the City Clerk
Mitg of (!hrlsbab
May 12, 1988
Char1 es Abdel nour, City C1 erk City of San Diego 202 "C" Street San Diego, CA 92101
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION CON (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Res(
No. 88-154 approving the joint powers agreement between the Cities of Cai Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County Diego to formulate a Regional Beach Erosion Action Comrni+tce (BEACI approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreem Member Agencies.
After approval by your City Council, we would appreciate receiving a cot copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
giixw Deputy City Clerk
dP
Enclosures
e 8
1200 ELM AVENUE TELE
CARLSBAD, CALIFORNIA 92008 (619) L
Office of the City Clerk
Mitg of Mar1s;bab
May 12, 1988
Michael W. Huse, City Clerk
City of Solana Beach 380 Stevens Avenue, #120
Solana Beach, CA 92075
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION COMMl (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Resol No. 88-154 approving the joint powers agreement between the Cities of Carl Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County o
Diego to formulate a Regional Beach Erosion Action Committee (BEACh*
approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreeme
Member Agencies.
After approval by your City Council, we would appreciate receiving a coni
copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
gwx& eputy City Clerk
dP
Enclosures
e m
1200 ELM AVENUE TELEF
CARLSBAD, CALIFORNIA 92008 (619) 42
Office of the City Clerk Mitg of Marlsbab
May 12, 1988
Kathryn Ne1 son Clerk of the Board of Supervisors 1600 Pacific Highway San Diego, CA 92101
JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION COMMI (BEACh)
The Carlsbad City Council, at its meeting of May 10, 1988, adopted Resol
No. 88-154 approving the joint powers agreement between the Cities of Carl Del Mar, Encinitas, Oceanside, Solana Beach, San Diego and the County 0' Diego to formulate a Regional Beach Erosion Action Committee (BEACh) approving the Committee By-Laws.
We have been directed to forward copies of the resolution and agreemer Member Agencies.
After approval by the Board of Supervisors, we would appreciate receiv. conformed copy of the agreement and a copy of your resolution of approval.
Thank you for your cooperation in this matter.
Enclosed for your records is a copy of each.
=?&iiYx. 3eputy City Clerk
dP
Enclosures