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HomeMy WebLinkAboutOrd 1111-1992ORDINANCE NO. 1111-92 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO ADDING CHAPTER 2.78 TO THE MUNICIPAL CODE ESTABLISHING THE SOUTH SAN FRANCISCO CONFERENCE CENTER AUTHORITY AND GRANTING AUTHORITY FOR THE PROMOTION, OPERATION, MAINTENANCE AND MANAGEMENT OF THE SOUTH SAN FRANCISCO CONFERENCE CENTER THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.78 of the South San Francisco Municipal Code is hereby added to read as follows: "2.78.010 Purpose & Authority. (a) Government Code §37506 authorizes the City Council to adopt an ordinance to supervise, operate, promote, maintain and manage a public assembly or convention hall. (b) The purpose of this ordinance is to establish a Conference Center Authority and vest it with the power to manage and operate the South San Francisco Conference Center." "2.78.020 Definitions. (1) "Authority" shall mean the South San Francisco Conference Center Authority created and established by this chapter. (2) "City Clerk" shall mean the Clerk of the City of South San Francisco. (3) "City Council" shall mean the Council of the City of South San Francisco. (4) "City Manager" shall mean the City Manager or his designee as approved by the City Council." (5) "Commission" shall mean the governing body of the South San Francisco Conference Center Authority. (6) "Director" shall mean the South San Francisco Conference Center Director appointed by the Commission to carry out the duties established by Section 2.78.101. "2.78.030 Authority Established; Members, and Appointment. (a) The South San Francisco Conference Center Authority is hereby created. (b) The Authority shall consist of nine (9) members who shall be referred to individually as Commissioners and collectively as the South San Francisco Conference Center Commission. (c) The make-up of the Commission shall be as follows: Two (2) Councilmembers of the City of South San Francisco; and (2) Two (2) representatives from hotels located within the City limits of South San Francisco. Such members of these respective hotels shall not have any contractual ties to the Conference Center and/or City; and (3) One (1) representative from a restaurant located within South San Francisco; and (4) One (1) representative from an airline which serves San Francisco Airport; and (5) Two (2) representative from the South San Francisco business community who shall be residents of the City of South San Francisco; and (6) One (1) representative from a "visitor-serving" business. (7) The City Manager shall serve as an ex-officio, non- voting member of the Commission. He shall be required to attend all Commission meetings. (d) The Mayor, with the confirmation of the City Council, shall appoint the Councilmembers. Non-hotel representatives of the Conference Center shall be appointed by the Council. The hotel representatives shall be appointed by the South San Francisco Hotel Owners Association with the consent of the City Council." "2.78.040 Term. The term of each member of the Commission shall be as follows: (a) City Councilmembers shall serve two year terms. No Councilmember shall continue to serve as a "Councilmember/ Commissioner" after his/her term on the City Council expires. 2 (b) Ail remaining commissioners shall serve three year staggered terms. Initial appointments may be made for less than a full term to assure that they are appropriately staggered". (c) The City Managers position on the Commission shall be co- terminus with his employment with the City. "2.78.050 Vacancies. Upon a vacancy occurring on the Conference Center Commission for any reason, including but not limited to (1) resignation, (2) Council declaration of a vacancy for a commissioner's failure to attend four consecutive regular meetings without excuse by the Commission, and (3) removal by a majority vote of the Council, a successor shall be appointed by the Council to fill the unexpired portion of the term. Such appointment shall be made within 60 days of the position being vacated." "2.78.060 Chairman, Vice-Chairman, and Secretary (a) At the regular meeting in January of each year, the Commission shall elect a Chairman and Vice-Chairman. The term of each office shall be one year. The Vice-Chairman shall serve as presiding officer of meetings in the absence of the Chairman. (b) The Conference Center Director, or his/her designee, shall serve as Secretary to the Commission." "2.78.070 Meetings. (a) The Commission shall meet monthly at a time and place to be determined by resolution of the Commission. Legal notice of a special meeting shall be given at least twenty-four hours prior to the time of the meeting. If a meeting is set for the regular meeting place of the Commission, or duly noticed for an alternate meeting place, and because of necessity or emergency the Commission is required to meet in another place within the corporate limits of the City, then the Secretary shall appear at the regular or alternate meeting place at the time set for the meeting and publicly announce the new meeting place and post a notice on the door of the regular meeting place. Notice of all meetings, except regular meetings, shall be served on each Commissioner and each person who has requested notice in writing, at least twenty-four hours prior to the time specified for the proposed meeting. (b) Ail actions of the Commission shall comply with the open meeting law requirements of the Ralph M. Brown Act, Sections 54950 et seq. of the Government Code. (c) If the day designated for a regular, adjourned regular, special or study meeting falls upon a legal holiday, the Commission shall meet upon the next succeeding day which is not a holiday, unless otherwise ordered by the Commission." "2.78.080 Commission. Commissioners shall receive the compensation established by the City council pursuant to resolution or ordinance." "2.78.090 Clerk's Duties. (a) The City Clerk shall establish and maintain a record of the names, addresses, telephone numbers, dates of appointment and dates of termination of each Commissioner. (b) The clerk shall give the Council written notice of the expiration of a Commissioner's term sixty days prior thereto." "2.78.100 Powers and Duties The Conference Center Authority shall have the following powers and duties: (a) To adopt rules and regulations for the conduct of its meetings. (b) To manage, operate, market, maintain and promote the South San Francisco Conference Center. (c) To formulate policy and establish fees and charges necessary to manage the South San Francisco Conference Center. (d) To employ a Director, legal counsel and such other persons as may be necessary to perform its functions. (e) To fix the salary of the Director and Conference Center personnel subject to the limits of its budget appropriation and funds otherwise available. (f) To adopt personnel rules, regulations and policies necessary for the orderly operation of the Conference Center. (g) To establish a system for the purchase of supplies, materials and services necessary to fulfill its functions and to assure the operation and maintenance of the Conference Center. (h) To enter into contracts for the purchase of supplies, materials and services subject to its yearly budget appropriation. (i) To review, approve, reject or amend the proposed annual budget compiled by the Director for submission to the City Council for approval. (j) To exercise such other and incidental powers, not inconsistent with law, necessary to promote, manage or operate the South San Francisco Conference Center and to carry out the functions and powers hereby granted." 4 "2.78.101 Creation of Position, Function and Duties of Conference Center Director . (a) The position of Conference Center Director is hereby created. The Director shall serve at the pleasure of the Conference Center Commission. (b) The Director shall be the administrative head and chief executive officer of the Conference Center and shall be responsible for the efficient administration of all affairs of the Conference Center. (c) In addition to the general powers as administrative head, and not as a limitation thereof, it shall be the duty of the Conference Center Director and the Director shall have the power to: (1) Appoint, discipline and dismiss all employees of the Conference Center except legal counsel directly appointed by the Commission. (2) Establish, organize and assign functions to such employees, divisions and offices as considered necessary or appropriate for the efficient operation of the Center. (3) Make rules and regulations as deemed necessary for the efficient management, operation, promotion, maintenance and administration of the Conference Center. (4) Attend all meetings of the Conference Center Authority and all committee meetings unless otherwise excused by the appropriate authority. (5) Recommend the adoption of rules, regulations, measures and resolutions as deemed necessary and proper. (6) Keep the Conference Center Commission advised of the financial condition and needs of the Conference Center. (7) Prepare and submit to the Commission an annual budget for approval and recommendation to the city Council and to be responsible for its administration after its adoption. (8) Prepare and recommend a salary plan to the Conference Center Commission for all employees of the Conference Center. 5 (9) Negotiate and execute contracts on behalf of the Conference Center for materials, supplies and services included in the annual budget, or authorized by Commission action. (10) Investigate all complaints in relation to all matters concerning the administration of the Conference Center. (11) Exercise general supervision and oversee the day-to- day operations of the Conference Center. (12) Devote the entire time during customary working hours to the duties and interests of the Center. (13) Perform such other services and duties and exercise such other powers as are otherwise delegated by the Commission." "2.78.102 Noninterference. The Conference Center Commission is designated as the policy making body for the Center and shall not interfere or become involved with the day-to-day operation of the Center or the execution of the powers and duties vested with the Director." "2.78.103 Continued Employment of Director. The Commission shall, for a period of twenty-four months, retain the existing Director at the same salary and benefits as if the Director had remained employed with the City. This may be modified by mutual agreement of the Commission and the Director. "2.78.104 Salary of Director. The Conference Center Director shall receive such salary as the Commission shall, from time to time, fix by resolution. The Commission may enter into a written employment contract with the Director. "2.78.105 Budget Reports; Booking Reports; and Annual Audit. (a) The Commission shall submit to the city Council mid-year and annual budget reports detailing the financial condition of the Conference Center and projecting revenues and expenses for the current budget year. (b) The Commission shall submit to the City Council, on request, a booking report showing all of the current and projected events booked at the Conference Center. The report shall cover a twelve month period from the date of its request. (c) Subsequent to the close of each fiscal year the Commission shall have prepared and submit to the Council an annual audited financial report and management letter." "2.78.106 Restrictions on Budget Transfers. (a) Transfers of funds exceeding $5,000 between the following budget categories shall require approval of the City Council; Salary and Benefits, Materials and Supplies and Capital Outlay. (b) Any increase in the approved Conference Center Budget which requires a transfer from the Fund balance shall require Council approval. "2.78.107 Insurance. The Commission shall provide and maintain insurance covering workers compensation, public liability and owned property in amounts and through companies approved by the City Attorney of South San Francisco. "2.78.108 Dissolution of Authority. The City Council may at its discretion dissolve the Conference Center Authority by a majority vote. Upon dissolution, the rights, duties, obligations and employees of the Center shall become the rights, obligations, duties and employees of the City." SECTION 2. Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. Publication and Effective Date. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of February , 199 2 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of February , 1992 , by the following vote: AYES: Councilmembers Joseph A. Fernekes, Roberta Cerri Teglia, and Mayor John R. Penna NOES: Councilmembers Jack Drago, and Gus Nicolopulos ABSTAIN: None ABSENT: None ATTEST: ~/~~ ~City ClUe As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26thday of 199 2 . February 8