Loading...
HomeMy WebLinkAbout1986-01-21; City Council; 8485; JOINT POWERS AGREEMENT FOR THE BEACH EROSION ACTION COMMITTEE (BEACh)0 0 > IAJ 0 fx 8, CL 4 .. 2 0 E a i 0 z 3 0 0 b' CI~OF CARLSBAD - AGEN~BILL DEPl MTG. 1/21/86 FOR THE BEACH EROSION CITY JOINT POWERS AGREEMENT AB#X TITLE: DEPT.CM ACTION COMMITTEE(6EACh) CITY RECOMMENDED ACTION: By motion, adopt Resolution No. &sLAd- approving a Be( Erosion Action Committee Joint Powers Agreement with County of Orange, City of San Clemente, City of Oceansir City of Del Mar, City of San Diego and County of San Diego. ITEM EXPLANAT1,ON In the fall of 1985, a coalition of elected officials concerned citizens in both Orange and San Diego count formed to study methods for correcting_/,the shared be, erosion problems which affect the geogx4phic area from D Point to Point La Jolla. From these studies come the recom'mended BEACh organization the by-laws to be adopted as seen in Exhibits 3 and 4. A attached, in Exhibit 2, is the letter from Mayor Larry Bag of Oceanside, Councilwoman Ann Kulchin, and Mayor Arl Carsten of Del Mar asking for adoption of the Joint Pow Agreement. The purpose of the BEACh organization is to promote restoration of beaches within the geographic boundaries of group and to ensure that shoreline erosion control projects one community do not adversely affect adjoining communities This organization would also have the power, with unanimous support of its membership, to seek funds for carry out beach erosion control projects. The formation of BEACh is a milestone in dealing with be erosion problems in an aggressive and regionally coordina manner whose success depends on the active participation support of every affected jurisdiction. The Council appointed Beach Erosion Committee has reviewed proposed Joint Powers Agreement and the By-Laws and recornme participation in BEACh by the City of Carlsbad per Exhibit The immediate action requested of the City Council i$ approve the Joint Powers Agreement and appoint one of members to the committee. 0 e . Page 2 of Agenda Bill No. dd/$’ _y_.---- - FISC-AL 1MPAC.T None at the present time. Future funding may be requested a pro-rated basis as part of the operations of BEACh. E,X H I B I T S 1. Resolution No. l3rf -----e approving a Beach Erosion Act Committee Joint Powers Agreement with the County Orange, City of San Clemente, City of Oceanside, City Del Mar, City of San Diego and County of San Diego. 2, Letter from BEACh formation committee. 3. Joint Powers Agreement for BEACh. 4. Proposed By-Laws for the BEACh organization. 5. Letter dated November 26, 1985 from the Beach Eros Committee. cz-mlj .cc-- 0 e -- -- - - -- - - _- - ,-----\ DEPUTY MAY0 DR JOHN MACDC 1, \ COUNCIL MEME( I <- LARRY M BAGLEY WALTER A GiLi TED MARlONCl SAM WILLIAM: __ ,/' MAYOR November 18, 1985 (2, '- i I' Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Aleshire: As you know, a coalition of elected officials and concernec citizens in both Orange and San Diego Counties has been formed tc begin steps in solving the shared beach erosion problems whicl affect the littoral cell--the geographical reach within whicl beach sand moves--spanning from Dana Point to Point La Jolla. After many months of careful consideration and study by thi affected agencies, we are now asking that g& of th jurisdictions in the littoral cell (the County of Orange, City o San Clemente, County of San Diego, City of Oceanside, City 0: Carlsbad, City of Del Mar, and City of San Diego) enter into Joint Powers Agreement which establishes the Beach Erosion Actio Committee (BEACh). The purpose of this organization is quit1 simply to promote the restoration of beaches within the littora. cell and to ensure that shoreline erosion control projects in on community do not adversely affect adjoining communities. Thi organization would also have the power, with the unanimou support of its membership, to seek funds for and carry out beac. er o sion con t r ol pr o j e ct s . BEACh is not intended to preempt the decisionmaking authority o its individual member agencies (in fact, BEACh could not impos or carry out any plan or project within the jurisdiction of member agency without that agency's consent). Rather, it purpose is to promote communication and cooperation in addressin a shared problem which ignores jurisdictional boundaries, an whose resolution frequently exceeds our individual technical an financial resources, We regard the formation of BEACh as a major milestone in dealin with beach erosion problems in an aggressive and regionall coordinated manner, The success of this effort depends on th active participation and support of every affected jurisdiction. We therefore are asking your assistance in the following: CIVIC CENTER 321 NORTH NEVADA OCEANSIDE. CA 92054 TELEPHONE 619-43 .* 0 .% .L - Proposing the adoption of the enclosed Joint PC Agreement by your elected body prior to the end of JanL 1986. A copy of the Bylaws, which would be proposed adoption by BEACh upon formation of the JPA, is E encl o sed , - Providing us with the name of the staff representat who will be responsible for coordinating your review approval of the Joint Powers Agreement, so that we provide that person with additional information, That st member’s name should be submitted to: Mayor Larry Bagley City of Oceanside 321 N, Nevada Street Oceanside, CA 92054 Phone: (619) 439-7304 Shoul-d questions arise, we would like very much to be giver opportunity to per sonally address yo ur elected r eprese nta t ivei their hearing on the Joint Powers Agreement, We look forward to your support and participation in I ARLENE Lb,&w CARSTEN A” KULCHIN Mayor Coun cilmember City of Gceanside City of Del Mar City of Carlsbad 321 N. Nevada Street 1050 Camino del Mar 1200 Elm Avenue Oceanside, CA 92054 Del Mar, CA 92014 Carlsbad, CA 92001 En clos ur e s CI @ G$j=fj=-f aF 0G;Sbl - -f-T r;l /& OFFICE OF THE CITY MANAGER December Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Aleshire: You recently received a copy of a proposed Joint Powers Agreement (JPA) and Bylaws for the Beach Erosion Action Committee (BEACh). As a result of an editing error, the section of the JPA concerning the "Governing Board of Beach" was inadvertently dropped from the copy which you received. It reads as follows: 7. Governing Board of BEACh All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall consist of 13 members who shall be appointed as follows: two representatives from each city and the County of San Diego; one representative from the County of Orange. Each county supervisorial district bordering the Oceanside littoral cell shall designate one representative for a total of three representatives, two from the County of San Diego and one from the County of Orange. Each director must be a mayor, councilperson or supervisor serving on the governing body of the Member Agency which selected him or her. Vacancies shall be filled in the same manner as originally selected. A corrected copy version of the JPA with the inclusion of this section and corresponding renumbering of the sections is enclosed. Also, the proposed Bylaws, which are to be considered for adoption following the formation of BEACh, need to be corrected as follows: Page 6, Article VI Staffing: "The Board of Directors bm may employ an executive director, consultants, or other staff as it deems necessary to carry out the objectives of the organization. Those employed shall not acquire tenure and may be terminated at will for any reason." clvlc CENTER 321 NORTH NEVADA OCEANSIDE, CA 92054 TELEPHONE 619-43' @ * I: apologize for any inconvenience caused by these corrections. Sincerely, DANA HIELD WHITSON Special Projects Director DHW : gg Enclosure cc: Mr. Vince Biondo, City attorney t a 0 c Revised 10/31/85 BEACH EROSION ACTION COMMITI"I'E BYLAWS ARTICLE I NAME, PURPOSE, AND POLICY Section 1 -0 NAME- Action Committee (hereinafter referred to as BEACh). Section 2 PURPOSE: The various political jurisdictions within tl Oceanside Littoral Cell have a strong common interest in tl preservation and restoration of our beaches. The maintenance t wide, sandy beaches helps to protect against costly proper' damage, and further benefits the entire region economically 1 promoting recreation and tourism. Furthermore, because sal moves throughout the entire littoral sand cell which extenc between Dana Point and La Jolla, the beach restoration activitic undertaken in one area may affect the character of the shorelii in adjoining jurisdictions. Therefore, the purpose of BEACh is to foster greater cooperatic toward the maintenance and enhancement of the *beaches in tl Oceanside Littoral Cell, , Section 3 POLICY: The name of this organization shall be the Beach Erosic It is the policy of the Member Agencies to: a. Communicate regularly with each other on beac protection and restoration matters in order to ensur maximum cooperation; b. Promote the restoration of the, beaches within tl Oceanside Littoral Cell which are an important econom: and recreational resource to the region; c. Support maximum replenishment of beach sand throuc projects such as the Oceanside sand bypass and dredgii of Agua Hedionda Lagoon; and d. Coordinate all beach restoration and shorelii protection projects to maximize benefits to the regioi and avoid detrimental effects on adjoining beach area; 1 a 0. ARTICLE I1 MEMBERSHIP AND OR(;ANIZATION Section 1 MEMBERSHIP: a. All powers of this organization pursuant to the Joi. Powers Agreement shall be exercised by the Board 1 Directors which is composed of all voting members 1 the organization. b. Only the duly selected official representatives l provided for in the Joint Powers Agreement or the. designated alternates as provided herein shall 1 entitled to represent their member agencies in tl deliberations of the organization. c. Names of the official representatives and designatt alternates shall be communicated in writing to tl organization upon its initial formation by eat participating member agency and shall thereafter 1 annually communicated or reaffirmed prior to the fir! meeting of the organization of each year and at su( other times as changes in representation are made 1 member agencies. Section 2 TERM OF OFFICE: The term of ofeice shall be for two years or l the end of the representative's term of office which he or SI holds with the Member Agency, whichever comes first. Section 3 EX-OFFICIO MEMBERSHIP: BEACh, but will not have voting rights: The following entities may participate . a. U.S. Army Corps of Engineers b. c. d. e. California Coastal Commission f . California Coastal Conservancy g. h. Scripps Institution of Oceanography i. State and Federal elected representatives frc U.S. Marine Corps Base Camp Pendleton' California Department of Boating and Waterways California Department of Parks and Recreation San Diego Association of Governments districts within the littoral sand cell Section 4 VOTING RIGHTS: Each governmental entity having membership j BEACh (City or County Supervisorial District) is entitled to or 2 a e vote, including the Chairperson. Only elected representative or their alternates to the Board of Directors who are a1 elected representatives, may vote, Any non-elected per2 appointed by the Member Agency to serve as an alternate to i representative may participate in the deliberations of the Boa of Directors' meetings, but may not vote and shall not be count for purposes of determining whether a quorum is present. Section 5 OFFICERS : a, Election of officers shall be held every year. 'I Chair shall make appointments to fill vacanci occur ring be tween elect ions . b, There shall be a Chair, 1st Vice Chair, 2d Vice Chai 3d Vice Chair, and Secretary, c. All officers shall be elected for a term of one ye and shall serve until their successors are electe They shall begin their term of office immediate following election. d. Officers shall be nominated from the floor of the Boa of Directors and elected by a majority vote of t Directors present and voting. ARTICLE I11 EXECUTIVE COMMITTEE, STANDING COMMITTEES, AND 4D 'HOC COMMITTEE L Section 1 EXECUTIVE COMMITTEE: a, There shall be an Executive Committee composed of tl officers of the organization who are elected by tl Board of Directors. b. No Member Agency shall have more than 01 c, Each member of the Executive Committee may have representative on the Executive Committee, prescribed alternate, who must be an elected off iciz of that Member*s Agency, Section 2 DUTIES OF THE EXECUTIVE COMMITTEE: The functions of the Executive Committee at the direction c the Board of Directors shall be to: 3 a e a. Give specific direction to BEACh staff= b. Review all federal and state permit or fundi applications for beach restoration or erosion contro If the Executive Committee determines that a particular application is of regional significance requires further coordination, the Committee sha forward the application to the Board of Directors f review and action; If the Executive Committee determines that a particul application does not have any regional significance a does not require further regional coordination, t Committee shall review and comment on the applicatii and report its action to the Board of Directors; Where the Executive Committee has acted on application which is not of regional significance n requires further regional coordination, no furth processing through the Board of Directors will required, unless the Board of Directors requests thl the application be submitted to the Board; c. Make recommendations to expedite the BEACh program a, objectives; d. At the discretion of the Executive Committel participate in the review of committee recommendatioi on significant issues requiring Board action; and e. Perform such other functions and exercise such othc responsibilities as may from time to time be delegatc by the Board of Directors. Section 3 STANDING AND AD HOC COMMITTEES: a. The Chair shall have the authority to appoii committees or subcommittees, with confirmation of tl appointments made by the Board of Directors, b. Standing committees may be appointed to carry 01 general and continuing functions and may be abolish( only upon specific action of the Board of tl Directors. c. Ad hoc committees may be appointed as the need arisc to carry out specific tasks. Upon completion of il assignment, each ad hoc committee shall be disbanded. 4 0 0 Standing or ad hoc committee members may be eith elected officials or their designated alternates. Ea member shall be entitled to one vote, Ex-of f ic members may serve on standing or ad hoc committees b may not vote. Standing or ad hoc committee members may elect office by a majority vote of the members present a constituting a quorum. e. ARTICLE IV MEETINGS Section 1 QUORUM: A ma'ority of members of the Executive Committee or a standing or ad hoc committee shall constitutes a quorum for t conduct of business. a majority vote of those present and voting, Section 2 PARLIAMENTARY PROCEDURE: Parliamentar procedure at all meetin shall be governed by Roberts Rules oY0rder except as otherwi modified by the Joint Powers Agreement or these By-Laws. Section 3 PROXIES: All decisions of all committees shall be No proxies will be permitted. L ARTICLE V INFORMATION, PUBLIC DISCLOSURE, AND EVALUATION Section I INFORMATION AND EVALUATION: a. The organization shall disseminate informati T concerning its work program and activities. required information system should be organized a categorized so that it would continue to allow full a efficient use of information by the public and priva sect or s , b. Adequate provision for citizen participation at Boa of Director meetings shall be provided as required law and as directed by the Board of Directors. c. The Board of Directors shall appoint a standi, committee of its members to perform an annu, 5 0 0 @valuation of the organization's goals, structure, i performance, directed toward continually improving 1 planning, coordination, and imp1 ementa ti on pr ocer The committee shall submit a written report of j evaluation to the Board of Directors. ARTICLE vr STAFFING Section 1 STAFFING: The Board of Directors shall em loy an executi director, consultants, or other staff as it eems necessary carry out the objectives of the organization. Those employ shall not acquire tenure and may be terminated at will for a reason. cp ARTICLE VI1 HOLD HARMLESS Section 1 HOLD HARMLESS: The organization shall defend, indemnify e otherwise hold harmless its members and officers and employe from any liability, including legal representation, because any act or omission incurred during the course and scope of the duties except acts of gross negligence. The , organization a acquire insurance to protect against any such risks of loss. LrXHlO 0 0 November 26, 1985 City Council CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 BEACH EROSION ACTION COMMITTEE (BEACh) The Carlsbad Beach Erosion Committee fully endorses City parti cipation in the proposed Beach Erosion Action Committee. This committee could be the beginning of an aggressive plan to deal efficiently with the Oceanside littoral cell beach erosion p rob lems . However, this is regarded only as an important first step. Mu of the beach material originates far inland and was formerly supplied to the beach by streams and rivers. Therefore, the inland jurisdictions must eventually participate in and suppor the movement of sediments to the coastline if beach erosion is be effectively dealt with. If BEACh becomes operational by January of 1986, it then would become involved in the placement of the sand dredged from the Batiquitos Lagoon. This may be timely in that the City of Carlsbad may wish to seek legal and technical counsel on placement of the sand from this lagoon. MARIO MONROY, Chairman Carlsbad Beach Erosion Committee MM:lch cc: City Manager City Engineer a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l 0 RESOLUTION NO. 8358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A BEACH EROSION ACTION COMMITTEE JOINT POWERS AGREEMENT WITH THE COUNTIES OF ORANGE AND SAN DIEGO AND THE CITIES OF SAN CLEMENTE, O.CEANSIDE, DEL MAR AND SAN DIEGO. WHEREAS, it has been requested that the City of Ca support and participate in the Beach Erosion Action Com (BEACh) formed to establish a formal framework for the co and cities to work together on beach erosion problems; an WHEREAS, the City Council of the City of Carlsbad be the execution of a joint powers agreement could leac effective beach erosion management program for the appl geographic area; NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2, That the City Council approves the execution 20 21 22 23 24 25 26 27 28 I Clemente, Oceanside, Del Mar and San Diego, as outlj I Exhibit 3 attached, and authorizes the Mayor to s agreement of behalf of the City. /// . /// /// /// ' /// ~ 1 /// I I 1 a 1 2 3 4 5 6 7 a 9 10 l1 l2 13 14 15 16 17 =* 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting c Carlsbad City Council held on the 21st day of January, 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and NOES: None ABSENT: None &J:L -_yy CASLER, Mayor ATTEST: L24LzL 44, Q&+ ALETHA L. RAUTENKRANZ, City erk (SEAL) 1 20 21 22 23 24 25 26 27 28 I I I I 1 fz X+ 0 0 - 1 BEACh EROSION ACTION COMMITTEE JOINT POWERS AGREEMENT This Agreement is made between the CITY OF CARLSBAD, CITY OF DEL MAR, CITY OF OCEANSIDE, CITY OF SAN CLEMENTE, the CITY 01 SAN DIEGO, the COUNTY OF ORANGE, and the COUNTY OF SPLN DIEGO hereinafter collectively referred to as "Member Agencies." RECITALS A. Member Agencies recognize the urgent need for littoral cell wide planning and coordination in order to maximize benefits to the region and avoid detrimental effect to adjoining shoreline. their powers will provide an organization capable of this littoral cell wide planning and coordination. C. Member Agencies wish to create a regional organization which will independently rev,iew and make comments to Member Agencies and grantors regarding projects which may receive federal or state grants. D. Member Agencies believe that a Beach Erosion Action Committee directed solely by elected officials from each Member Agency is best suited for littoral cell wide planning and coordination. NOW, THEREFORE, in consi.?ration of the recital and the mutual obligations of the parties as herein expressed, Membe Agencies agree as follows: I . Definitions The following terms shall have the meaning ascribed to B. Member Agencies believe that the joint exercise of them within this section unless the content of their use dictates otherwise: a. "Littoral cell" shall mean a geographically designated coastal compartment with specified supplies and loss of sand and defined transpor mechanism paths. transport cell extending generally from Dana Point to Point La Jolla. b. "Oceanside littoral cell" shall mean the sand c. "Fiscal Year" shall mean that year beginning July 1, and ending June 30. 0 e Q 2. Establishment of BEACh There is hereby created an organization to be known and BEACh shall be governed by the terms of this denominated as the Beach Erosion Action Committee (BEACh), which shall be a public entity separate and apart from any Member Agency. Joint Powers Agreement,and any bylaws passed and adopted by its governing board. 3. Purpose of Organization The Member Agencies with jurisdictions within the Oceanside Littoral Sand Cell have a strong, common interest in the preservation and restoration of our beaches. The maintenance of wide, sandy beaches helps to protect against costly property damage, and further, benefits the entire region economically by promoting recreation and tourism. Furthermore, because sand moves throughout the entire littoral cell which extends between Dana Point and La Jolla, the beach restoration activities undertaken in one area may affect the character of the shoreline in adjoining jurisdictions. Therefore, the purpose of this organization is to foste greater cooperation toward the maintenance and enhancement o the beaches in the littoral sand cell. Neither the Beach Erosion Action Committee nor a majority of the members thereof shall have the authority to impose or carry out any plan, project, duty, obligation or other responsibility within the jurisdiction of any Member Agency thereof without the consent of such Agency; further, no Agency shall be required to do anything it does not sped fically agree to do. Any recommendations, plans or programs promulgated by BEACh shall be advisory only. 4. Objectives of Orqanization The primary objectives for which this organization is created ?.re as follows: a. Identify coastal erosion problems. b. Combine local, state, federal and private c. Facilitate design, financing and construction of shoreline erosion projects. Carry out protective projects including beach nourishment, structural solutions and the maintenance of these projects. resources. d. m a e. Collect and analyze data needed to design projects and to monitor their performance. f. Coordinate local government involvement and keep elected officials and citizens informed. emergencies to direct private efforts to comba erosion and to take steps necessary to coordinate the protection of public property. g. Prepare contingency plans to be ready in h. Spearhead local government lobbying efforts at state and federal levels. 5. Administrative Power of BEACh As may be necessary for the accomplishment of the purposes of this Agreement, BEACh shall have the power, by majority vote of its membership as provided for in the BEACh Bylaws, in its own name to: a. Make and enter contracts. b. Employ agents and employees. c. Incur debts, liabilities or obligations, which shall be those of BEACh and not of the Member Agencies, individually or collectively. d. Review all Member Agency proposals for shoreline erosion control projects. e. Comment on such proposals to the Member Agency and appropriate state or federal agencies. f. Coordinate funding from private and public sources at the local, state and fedeL'-';ll levels g. All other powers reasonably related to those specified above. The above-specified powers are subject to the restric- tions on the manner of exercising said powers by the (Inser the name of one of the Member Agencies) 6, Governing Board of BEACh All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall consis of 13 members who shall be appointed as follows: two repre- sentatives from each city and the County of San Diego; one representative from the County of Orange. Each county super visorial district bordering the Oceanside littoral cell shal designate one representative for a total of three represents a e tives, two from the County of San Diego and one from the County of Orange. Each director must be a mayor, council- person or supervisor serving on the governing body of the Member Agency which selected him or her. Vacancies shall be filled in the same manner as originally selected. 7. Power of BEACh to Carry Out Projects As may be necessary for the accomplishment of the purposes of this Agreement, BEACh shall have the power, by the unanimous consent of its membership, in its own name to: building, works or improvements. a. Acquire, construct, manage, or operate any b. Acquire, hold or dispose real or personal property. c, Sue and be sued in its own name, except that i the event of a breach of this Agreement, BEACh shall not sue any Member Agency nor any employee or agency of any Member Agency. projects, d. Propose and participate in joint or cell wide e. Act as Agent for project applications. f. All other powers -reasonably related to those specified above. The above-specified powers are subject to the restric- tions on the manner of exercising said powers by the (Insert the name of one of the Member Agencies). 8. Ex-Officio Membership The Board of Directors may designate ex-officio members of the Organization. The ex-officio member shall have the right to participate in the Organization but- may not vote as a director. 9. Ralph M, Brown Act All meetings of the Board of Directors of BEACh shall Ir called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Sectic 54950 of the California Government Code). 10. Quorum A majority of all voting members of the Board of Directors of BEACh, including vacant positions, shall consti tute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. All d e 0 decisions of the Board of Directors shall be approved by a majority of voting members present and voting. 11. Duration of Aqreement This agreement shall continue in full force and effect until no less than 50% of the Member Agencies withdraw from this Organization by a resolution adopted by the governing board of each Member Agency withdrawing. 12. Effective Date of Agreement This agreement shall become effective for all purposes at 12:Ol a.m. P.D.T. on January 1, 1986 or when this agree- ment has been executed by all Member Agencies, whichever occurs later. 13. Agreement Repository A fully executed copy of this Joint Powers Agreement an( any amendments thereto shall be filed with the Board of Directors and each signatory Member Agency with notice of thc agreement or amendment prepared. and. filed with the office of the Secretary of State in accordance with California Government Code Section 6503.5. 14. Disposition of Assets Upon Termination Upon termination of this agreemept any money or assets in possession of the Organization after the payment of all liabilities, costs, expenses and charges validly incurred under this agreement shall be returned to the Member Agencie in propartian to their contributions determined as of the time of termination. 15. Accountability of F,unds The Auditor and Controller of ,a Member Agency, is hereby designated as the Auditor and Controller of this Organization. The Auditor and Controller shall draw warrants or check-warrants against the funds of t Organization in the treasury when the demands are approved b the Board of Directors or such other persons as may he specifically designated for that purpose in the bylaws. Sai Auditor and Controller shall comply with all duties under Article 1, Chapter 3, Division 7, Title I of the California Government Code commencing with Section 6500. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public accountant. The Auditor and Controller of the Organization shall establish and maintain such funds and accounts as may be required by good accounting practices or bylaws passed and adopted by this Organization. The books and records of the Organizatio in the hands of the Auditor and Controller shall be open to inspection at all reasonable times by representatives of the > e @ Member Agencies. The Auditor and Controller of this Organization, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to Member Agencies. 16. Designation of Treasurer The Treasurer of this Organization shall be the Treasurer of , a Member Agency. The Treasure] shall receive, have the custody of and disburse Organization funds upon the warrant or check-warrant of the Auditor and Controller pursuant to the accounting procedures established by the Auditor and Controller, and shall make the dis- bursements required by this agreement or to carry out any of the provisions or purposes of this agreement. The Treasurer of this Organization may invest organizational funds in accordance with general law. All interest collected on said funds shall be accounted for and posted to the account of such funds. 17. Responsibility For Property The Executive Director shall have charge of all psaject, and property of the Organization and shall file with the Treasurer an official bond in the minimum amount of $ or such larger amount as the Board of Directors specifies, guaranteeing faithful performance of his/her duties. 18, Budget The Board of Directors shall have the authority to rais funds as it deems necessary to carry out the objectives of the Organization, through voluntary assessments to Member Agencies, public or pribate grants and entitlements and Legislative appropriations. The Board of Directors shall approve a preliminary budget no later than April 1 of each year. later than June 1 of each year. A copy of the prdiiminary budget when approved and a copy of the final budget when adopted shall be filed with each Member Agency. The Board of Directors shall adcrpt a. final k,. !get EO 19, Adoption of Bylaws, '-' .les and Regulations The Board of Directors 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 the Organization. Copies and amendments thereto shall be filed with each Member Agency. I- . e e , IN WITNESS WHEREOF, each of the following Member Agencies has caused this Joint Powers Agreement to be executed by having affixed thereto the signature of the agen' of said Agency authorized therefore by the legislative body of that Agency. CITY OF CARLSBAD CITY OF DEL MAR CITY OF OCEANSIDE CITY OF SAN CLEMENTE CITY OF SAN DIEGO COUNTY OF ORANGE COUNTY OF SAN DIEGO