HomeMy WebLinkAboutReso 22-1995RESOLUTION NO. 22-95
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AMENDMENT NO. 5
TO THE JOINT POWERS AGREEMENT ESTABLISHING
THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS
WHEREAS, on November 14, 1990, the city Council adopted
Resolution No. 164-90 authorizing the execution of a Joint Powers
Agreement establishing the City/County Association of Governments;
and
WHEREAS, the Joint Powers Agreement specifies that the fiscal
year for the City/County Association of Governments shall be from
October 1 of each year to September 30 of the following year,
requires adoption of the budget by October 1 of each year, and
establishes a September 30 deadline for parties to withdraw from
the Agreement; and
WHEREAS, the County and Cities desire to amend the Joint
Powers Agreement to authorize the City/County Association of
Governments to establish by resolution a different fiscal year and
deadlines for adoption of the C/CAG budget and withdrawal notices.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of South San Francisco does hereby approve the attached
Amendment No. 5 to the Joint Powers Agreement amending the
establishment of the City/County Association of Governments and the
Mayor is hereby authorized to execute the Amendment on behalf of
the city Council.
BE IT FURTHER RESOLVED that the termination date set forth in
the second sentence in Section 12 shall be amended to read December
1, 1997.
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the city Council of the City of South San
Francisco at a a~. regular meeting held on the 10tj day of
April , 199~by the following vote.
AYES:
Councilmembers Jack Dra.qo, Joseph A, Fernekes, John R, Penna,
Roberta Cerri Teqlia and Mayor Robert Yee
NOES: None
ABSTAIN: None
ABSENT: None
C/CAG.IPA
ATTEST:~
II I
ATTACHMENT TO RESOLUTION NO. 22-95
JOINT POWERS AGREEMENT
Continuing Establishment of the City/County Association of Governments
THIS AGREEMENT, by and between the COUNTY OF SAN MATEO (hereinafter
referred to as "County") and those cities within the County of San Mateo who become
signatories to this agreement, hereinafter referred to as "Cities" or "City" as the context
requires), is made in light of the following recitals:
A. The County and the Cities have authority to perform a variety of functions in their
respective communities and desire to establish a City/County Association of Governments
(C/CAG) within the County of San Marco whereby the parties will prepare, adopt, monitor and
enforce county-wide state mandated plans as specified in 3(c) below. Local land-use decisions,
except as they are affected by state-mandated county-wide plans, will remain solely within the
cognizant local jurisdiction.
B. The parties are authorized to contract with each other for the joint exercise of any
common power pursuant to Government Code Sections 6500 through 651.8.
C. The County agrees that all advisory and state/federal mandated activities that were
previously assigned to the Regional Planning Committee are transferred to C/CAG.
NOW, TttEREFORE, the County and the Cities, in consideration of the mutual
promises and agreements contained herein, AGREE AS FOLLOWS:
ATTACHNF_NT "A"
I. Establishment of City/County Association of Governments of San Mateo
County. The parties hereby create an entity to be known as the City/County Association of
Governments of San Mateo County (hereinafter referred to as "C/CAG") for the preparation,
adoption, monitoring and enforcing of county-wide state mandated plans. C/CAG will also
assume all the activities that were formerly assigned to the Regional Planning Committee.
C/CAG shall be an entity which is separate from the parties to this agreement and shall be
responsible for the administration of this agreement. Except as provided herein, the debts,
liabilities, and obligations of C/CAG shall be the debts, liabilities, and obligations of the entity
and not the debts, liabilities, and/or obligations of the parties to this agreement.
C/CAG shall have the power and is authorized co do any or all of cite
following:
Ca)
(b)
(c9
To make and enter contracts;
To employ agents and employees;
To lease, maintain, manage, acquire, construct or operate any building,
works or improvements;
To acquire, hold, or dispose of property;
To incur debts, liabilities, or obligations;
To sue and be sued in its own name;
2. Board of Directors. The Board of the City/County Association shall consist
of a member of the City Council of each participating City to be selected by that City and one
(1) member of the Board of Supervisors to be selected by the Board of Supervisors. Each City
Council and the Board of Supervisors may select one (1) alternate member from its body who
C./CAG IOlbl'l' POwl~I~ AGRF..I~P.I, t3' (JPA) 2
MARCH, 1995
shall participate when the regular member is absent. In addition, there shall be four (4) non-
voting ex-officio members: the County Superintendent of Schools; a member of the San
Francisco Airport Commission selected by the Commission; a member of the San Marco County
Transit District Board of Directors selected by the Board of Directors; a member of the San
Marco County Transportation Authority selected by the Authority.
3. Purposes and Activities. C/CAG is established to fulfill the following
purposes operating through the Board of Directors for control, direction, and administration:
(a) Plan, organize, and maintain the work of C/CAG and be responsible for its
overall operation.
Co) Advise City Councils and the Board of Supervisors of all significant activities
of C/CAG.
(c) Review, adopt, monitor and enforce the following state-mandated county-
wide plans:
(1) Congestion Management Plan;
(2) Integrated Solid Waste Management Plan;
O) Airport Land Use Plan;
(4.) ffaz~dous Waste Management Plan;
(5) NPDES - Stormwater Management Plan.
(d) Perform such additional county-wide planning activities as
approved by or directed by two-thirds (2/3) of the members
representing two-thirds (2/3) of the population of the County.
Final adoption of any such plans shall only be after the plan has
C/CAG IOINT POW~I~ AG~ENT 0PA) - 3
1995
been introduced at a prior meeting held at least twenty-five (25)
days earlier.
(e) Utilize and establish advisory subcommittees wherever necessary, including
utilizing the subcommittees of the former Regional Planning Committee as:
(1) Airport Land Use Committee
(2) FAU Project Review Committee
(3) Water Committee
(4) Solid Waste Committee
(5) Transportation/Land Use Committee
(6) Bikeways Advisory Committee
Thc Board of Dircctors may considcr con-',olidating committccs such az thc Airport
Land Usc Committec and thc Airport Roundtablc and may crc. arc othcr
subeommittecs such as a Special Districts Subeommitt~ Rd a School Districts
Subeommittec. Subcommittee membership may include persons who are not
members of the Board of Directors, including other elected officials or public
members.
(0 Adopt By-laws and such other rules of procedure as may be deemed
necessary.
4. Voting Procedures. The parties intend to strive for consensus following full
discussion but in the event consensus cannot be reached the following voting procedures shall
be utilized.
CICAG lorl, rr Pow-r. ga Ao~£1~rr OPA) 4. -.. RLzVlSF. D: MARCH, 1995
(a)
(c)
A quorum shall consist of at least a majority of the voting members and shall
be required for all meetings of C/CAG.
Ail decisions and actions shall be by majority vote of those present unless the
decision involves the adoption of a county-wide plan or any one (I) member
requests the use of the special votine procedures hereinafter set forth.
The special voting procedures shall be utilized upon the request of any one
(I) member and for the final adoption of county-wide plans. Special voting
procedures shall be as follows: for a motion to be successful it must receive
the votes of a majority of the members representing a majority of the
population of the County. In determining the population of local
governments, the population shall be utilized as set forth in a resolution
adopted by the Board of Directors pursuant to Section 19.
5. Budeet. The Board annually shall adopt, by a date C/CAG designates by
resolution, an operating budget for C/CAG setting forth anticipated expenses, financing sources
and proposed service levels necessary to carry out the purposes of this agreement. C/CAG shall
establish its fiscal year by resolution. Immediately after approving the annual budget, the Board
shall recommend the budget to the governing bodies of the members for the purpose of securing
from each of them contributions and/or appropriations in accordance with each party's
obligations ~ set forth in Section 6 below. It is expressly agreed and understood that the Board
has no authority to bind any governing board to make the recommended contribution and/or
appropriation and that this decision rests solely with each governing body. Each parry shall
CICAG JOINT POWER~
REVlSEE): MARCH, 1995
deposit its monetary contribution to the budget with the CICAG Treasurer on or before the date
C/CAG designates by resolution.
6. Contribution of Parties. In consideration of the mutual promises contained
herein, the parties agree that they shall make the following annual contributions towards
maintaining the program of C/CAG.
Each member's contribution shall be its pro-rata share of the revenue needed
for the annual budget as adopted by the Board of Directors. The pro-rata share of each agency
shall be based upon its population as set forth in a resolution adopted by the Board of Directors
pursuant to Section 19. By use of the special voting procedures under special circumstances the
Board of Directors may waive contributions. If a member fails to pay its annual contribution,
it shall forfeit its voting rights as provided in Paragraph l0 and there shall be no further recourse
against it for nonpayment.
7. Treasurer. The Board of Directors shall select a Treasurer from one of its
member entities who shall be the depository and have custody of all the money and property of
C/CAG from whatever source. The duties of the C/CAG Treasurer shall include those set forth
in the Government Code Section 6500 et seq., Joint Exercise of Powers.
8. Controller. The Board of Directors shall select a Controller from one of its
member entities who shall perform the functions of auditor and/or controller for C/CAG. The
duties of the C/CAG Controller shall include those set forth in Government Code Section 6500
et seq., Joint Exercise of Powers.
ClCAG SOINT Powl~l~ AGR~F. NT 0PA)
6
P-,n-'VlSi: ~MARcI-I, 1995
9. Stafl~n_~. It is understo<xl that C/CAG may require the support of its own
administrative staff. When deemed necessary, the Board of Directors may employ an Executive
Director. The Board shall have responsibility for all employment decisions regarding said
Executive Director who shall serve at the pleasure of the Board of Directors.
The Executive Director shall be responsible for the day-to-day administration
of C/CAG under the direction of the Board of Directors. The Executive Director shall seek
advice and assistance from the Administrators' Advisory Committee. The Executive Director
shall have the authority to employ administrative staff consistent with the approved budget of
C/CAG. Staff rcsponsibilitics shall includc thc following:
a. Admini:tmfivc support for C,'CAG;
b. Mccting logistics;
e. Conduct of minor studics and ad hoc assignmcnts;
d. Project managcmcnt, including but is not limit~ :o:
(1) Prcparafion of Requcsts for Proposals;
(2) Consultant cvaluation and sclcction;
(3) Contract managcmcnt;
(1) Quality control (rcvicw of dclivcrablcs);
(5) Formulation of reeommcndafions to C,'C,\C mcmbcrs;
c. Intcrgovcrnmcntal et>ordination;
f. Public information and public rclations.
There shall be an Administrators' Advisory Committee. The Committee will
be advisory to the C/CAG Board of Directors and Executive Director to assist them to most
effectively accomplish the objectives of C/CAG by giving advice on agenda matters, monitoring
ClCAG JOINT POV,'BI~ AGP.~I~ENT (~PA)
[
I~"TVISED:MARCH, 1995
outcomes of activities, assisting with identifying and allocating resources, and communicating
with all members. The Committee members shall be: the City Managers from cities that contract
staff to C/CAG, the County Manager, the General Manager of SamTrans, one ID City Manager
appointed by the City Managers' Association, and, the Chair and V~ce-Chair and Legal Counsel
of C/CAG as ex-officio members. Committee Chairs and staff'who have items for discussion at
the Committee will be invited to participate.
It is understood that C/CAG may employ personnel, utilize existing County,
SamTrans or City staff, or retain professionaJ consultants to perform any necessary staff work
in meeting its goals and objectives. It is further understood that no County, SamTrans or City
staff will be utilized without the consent of the employing agency.
10. Withdrawal. Any party may withdraw from this agreement by filing written
notice of intention to do so with the Chair of the governing board by September 30th of each
year, or by another date C/CAG designates by resolution. The rights and obligations of such
party shall terminate at the end of the first full fiscal year for which the withdrawing party has
made its contribution following such notice having been given. The withdrawal of any parry
from this agreement shall in no way affect the rights and obligations of the remaining parties.
If a party withdraws from this agreement, such party shall not be entitled to the return of any
funds contributed to C/CAG nor to the return in cash or in kind of any materials or supplies.
until termination of this agreement. If a party fails to make its contribution in accordance with
Section 6 of this agreement, that agency shall forfeit its voting rights during the period of such
non-payment. However, if one of the Cities or the County wishes to rejoin after forfeiting its
membership by non-payment of im contribution, it may do so by paying the designated amount.
C/CAG IOINT POWE~ AORI~{~ME~T UPA)
REvls£D:M~C{t, 1995
1 I. Termination and Disposition of Proper'tv. This agreement shall be deemed
terminated when the number of Cities participating in this agreement contain less than a majority
of the population of the County, or are fewer than eleven (11) in number. Upon termination,
equipment and all other assets shall be distributed to the parties hereto in proportion to the
contributions of the partes during the life of C/CAG including distribution to parties which may
have withdrawn at an earlier date. Upon termination, any surplus money on hand shall be
returned to the parties in proportion to the contributions of the parties during the life of C/CAG
including distribution to parties which may have withdrawn at an earlier date.
12. Effective Date/Termination Date. This agreement shall be effective on
July I, 1995, or upon its execution by the County and by at least eleven (11) cities representing
the majority of the oopulafion of the County, whichever is later. This agreement shall
1997
atttomaticallv terminate on December I. -t'99~. unless rene~ved in ,vriting by the Cottnt'v and bv
at least eleven cities containing a majori~, o£ the population of the County. Upon such
termination, the provisions of Sections 10 and I I apply.
13.
in accordance with the Brown Act, Government Code Section 54950 et seq.
Directors shall establish a regular time and place for the required meetings.
Board of Directors shall have such other meetings as are deemed necessar3t.
Meetin.o~. Monthly meetings of the C/CAG Board of Directors shall be held
The Board of
In addition, the
C/CAG JOINT POw~l~ AG~EIqT (IPA)
R.h'VISED:MARCI-i, 1995
14. Notice of A~reement. Pursuant to Government Code Section 6503.5,
C/CAG shall, within thirty (30) days after the effective date of this agreement, cause a notice
of the agreement to be prepared and filed with the Office of the Secretary of State.
15. Other Associations. Participation in C/CAG is not intended to preclude
member entities from entering into similar agreements with other jurisdictions.
16. Legal Counsel. Unless the Board of Directors determines otherwise, the
County Counsel shall serve as legal counsel to C/CAG and provide all routine legal advice and
service necessary including attendance at Board of Directors meetings.
17. Insurance. The County shall add C/CAG to its existing excess liability
insurance coverage and shall maintain such coverage in full force and effect during the life of
this agreement. Said excess liability insurance coverage has a $250,000 self-insured retention
by the County. Unless the Board of Directors decides otherwise, County shall provide for the
defense of any claims or litigation within the $250,000 self-insured retention. Legal
representation by the County will ordinarily be provided by the Office of the County Counsel.
Any out-of-pocket expenses or loss, by way of judgment or settlement, arising
out of the operation of this agreement, within the limits of the County's $250,000 self-insured
retention shall be shared by the parties in accordance with the formula set forth in Section 6.
Expenses shall not include salaries or office expenses of any county employees, including any
attorneys from the Office of the County Counsel.
C/CAG loner poWVa~s ^oa$.~z4va, rr (/PA)
10
1995
18. Amendments. This Joint Powers Agreement may be amended at any time
with the agreement of the majority of the members representing a majority of the population of
the County, except as provided in 3(d).
19. Adjustment of Population Figures. The Board of Directors shall establish
by resolution the population figures to be utilized in determining the population of local
governments under this agreement based on the results of the decennial federal census or
population figures provided by the State Department of Finance, and may revise the population
figures at any time by resolution.
20. Clean Air Vehicle Retistration Fee Program. C/CAG shall serve as the
overall program manager for the San Mateo County under I--Ie~th and Safety Code Section 4424 l
for funds made available by the increase in motor vehicle registration fees that the Bay Area Air
Quality Management District is authorized to levy under A.B. 434, (1991 Statutes, Chapter 807.)
21. Storm Water Discha~e Plan and Permit. The City/County Association
of Governments shall assume responsibility for the following activities under the National
Pollutant Discharge Elimination System (NPDES) Program (40 CFR 122):
(a) Ratify submission of a county-wide storm water discharge permit application
and accept permit on behalf of the County and Cities in the County, as co-
permittees.
(b) Prepare preliminary draft and final draft storm water management plan
describing existing activities the County and Cities are conducting to help
C/CAG JOINT POVV~RS AGI~i~M]~NT (~A)
11 ' REv;s~: MARCH, t995
minimize the discharge of pollutants to storm water, describing new pollution
measures that will be undertaken during the initial five year period of the
N'PDES permit, and containing other matters C/CAG determines are
necessary or desirable.
(c) Identify and recommend alternatives for implementation of a revenue
program.
(d) Enter into contracts with the County, the Cities, the County Flood Control
District, and other entities to implement the revenue program and the storm
water management plan.
(e) Perform additional county-wide activities in connection with the NPDES
program as set forth in the storm water management plan approved by, or
as directed, by the Board of Directors.
(f) Provide coordination and overall management of the NPDES program and
advice to the County and the Cities on implementation.
The County and each Cit7 shall be solely responsible for complying with
NPDES permit conditions and all federal, state, and local laws and regulations, relating to
discharges from the storm sewers in its jurisdiction and under its control. The County and each
City shall defend, indemnify, and hold harmless every other party to this agreement, and its
officers and employees, fi.om all claims, suits, actions, fines, penalties, damages, or liability of
every name, kind, and description arising in any way out of the negligent or intentional acts of
that County or City in complying or falling to comply with N'PDES permit conditions, and all
federal, state, and local regulations applicable to that County or City.
C/CAG IOINT Pow~ AGRF.~M~NT ('/PA)
12
RExqSF~: M~C'I.I, 1995
22. Service Authority for Abatement of Abandoned Vehicles. C/CAG shall
be the service authority for the abatement of abandoned vehicles under Vehicle Code Section
22710. C/CAG shall impose a service fee of one dollar (51) on vehicles registered to an owner
with an address in San Mateo County as authorized by Vehicle Code Sections 9250.7 and 22710.
As provided in Vehicle Code Section 22710Co), C/CAG may contract and undertake any act
convenient or necessary to carry out any law relating to its duties as the service authority.
~q' WITNESS WHEREOF, the parties hereto by their duly authorized representative,
have affixed their hands on this __ day of , 1995.
ATTEST:
Cleric of rJ,e Board
COUNTY OF SAN MATEO
by
?resident of the Board of Supcr~$ora'
ATTEST:
Clerk of Town Council
TOWN OF ATHERTON
by
Mayor
ATTEST:
CITY OF BELMONT
by
Cleric of ~ty Council Mayor
C/CAG IOINT POWI~Ra AGP. EE~ENT (JPA)
'P,~$£D: lvlARC~I, 1995