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HomeMy WebLinkAbout1986-01-21; City Council; Resolution 83581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.CEANSID.E, DEL MAR AND SAN DIEGO. WHEREAS, it has been requested that the City of Carlsbad support and participate in the Beach Erosion Action Committee (BEACh) formed to establish a formal framework for the counties and cities to work together on beach erosion problems; and, WHEREAS, the City Council of the City of Carlsbad believes the execution of a joint powers agreement could lead to an effective beach erosion management program for the applicable geographic area; -- ~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the execution of the Beach Erosion Action Committee Joint Powers Agreement with the Counties of Orange and San Diego and the cities of San Clemente, Oceanside, Del Mar and San Diego, as outlined in Exhibit 3 attached, and authorizes the Mayor to sign the agreement of behalf of the City. /// . /// /// /// /// /// 3 11 1: 1; 1: 11 l! It 1: 1E 1: 2c 21 22 22 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of -JanuL , 1986 by the following vote, to wit: AYES: NOES: None Council Members Casler, Lewis, Kulchin, Chick and Pettine ABSENT: None MARY H/ CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City kLerk (SEAL) -- . 0 BEAC~ 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 OF SAN DIEGO, the COUNTY OF ORANGE, and the COUNTY OF SM? 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 effects to adjoining shoreline. B. Member Agencies believe that the joint exercise of their powers will provide an organization capable of this littoral cell wide planning and coordination. organization which will independently rev,iew and make comments to Member Agencies and grantors regarding projects which may receive federal or state grants. Committee directed solely by elected officials from each Member Agency is best suited for littoral cell wide planning and coordination. C. Member Agencies wish to create a regional . D. Member Agencies believe that a Beach Erosion Action - - NOW, THEREFORE, in consir?ration of the recital and the mutual obligations of the parties as herein expressed, Member Agencies agree as follows: 1. Definitions The following terms shall have the meaning ascribed to them within this section unless the content of their use dictates otherwise: a, b, C. ttLittoral cell;" shall mean a geographically designated coastal compartment with specified supplies and loss of sand and defined transport mechanism paths. "Oceanside littoral cell" shall mean the sand transport cell extending generally from Dana Point to Point La Jolla. ttFiscal Year" shall mean that year beginning July 1, and ending June 30. 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 Orqanization 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 foster greater cooperation toward the maintenance and enhancement of- 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 speci- fically agree to do. promulgated by BEACh shall be advisory only. Any recommendations, plans or programs 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 resources. c. Facilitate design, financing and construction of shoreline erosion projects. d. Carry out protective projects including beach nourishment, structural solutions and the maintenance of these projects. /& 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. g. Prepare contingency plans to be ready in emergencies to direct private efforts to combat erosion and to take steps necessary to coordinate the protection of public property. Spearhead local government lobbying efforts at state and federal levels. h. 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. b. C. d. e, f, GT- Make and enter contracts. Employ agents and employees. +- Incur debts, liabilities or obligations, which shall be those of BEACh and not of the Member Agencies, individually or collectively. Review all Member Agency proposals for shoreline erosion control projects. Comment on such proposals to the Member Agency and appropriate state or federal agencies. Coordinate funding from private and public sources at the local, state and feder'al levels. All other powers reasonably related to those specified above. The above-specified powers are subjec't to the restric- tions on the manner of exercising said powers by the the name of one of the Member Agencies) (Insert 6. Governinq 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: 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 shall designate one representative for a total of three representa- two repre- tives, two from the County of San Diego and one fron 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 he 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 a. b. C. d. e. f. consent of its membership, in its own name to: Acquire, construct, manage, or operate any building, works or improvements. Acquire, hold or dispose real or personal property. Sue and be sued in its own name, except that in the event of a breach of this Agreement, BEACh shall not sue any Member Agency nor any employee or agency of any Member Agency. Propose and participate in joint or cell wide projects. Act as Agent for project applications. -e3-- 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 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). 10. puorum 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 decisions of the Board of Directors shall be approved by a majority of voting members present and voting. 11. Duration of Agreement This agreement shall continue in full force and effect until no less than 50% of the Member A-gencies 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. Aqreement Repository A fully executed copy of this Joint Powers Agreement any amendments thereto shall be filed with the Board of Directors and each signatory Member Agency with notice of agreement or amendment prepared and filed with the office the Secretary of State in accordance with California Government Code Section 6503.5. and the of -- . 14. Disposition of Assets Upon Termination Upon termination of this agreement 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 Agencies in proportion to their contributions determined as of the time of termination. 15. Accountability of Funds The Auditor and Controller of ra Member Agency, is hereby designated as the Auditor and Controller of this Organization. shall draw warrants or check-warrants against the funds of the Organization in the treasury when the demands are approved by the Board of Directors or such other persons as may be specifically designated for that purpose in the bylaws. Said 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. in the hands of the Auditor and Controller shall be open to inspection at all reasonable times by representatives of the The Auditor and Controller The books and records of the Organization Member Agencies. 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. The Auditor and Controller of this 16. Designation of Treasurer The Treasurer of this Organization shall be the Treasurer of , a Member Agency. The Treasurer 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 ch’arge of all projects 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. -5F- 18. Budget The Board of Directors shall have the authority to raise funds as it deems necessary to carry out the objectives of the Organization, through voluntary assessments to Member Agencies, public or private grants and entitlements and Legislative appropriations. The Board of Directors shall approve a preliminary budget no later than April 1 of each year. The Board of Directors shall adopt a. final k... Iget 110 later than June 1 of each year. budget when approved and a copy of the final budget when adopted shall be filed with each Member Agency. A copy of the prziiminary 19. Adoption of Bylaws, - v . .- .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. with each Member Agency. Copies and amendments thereto shall be filed 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 agent 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 *-