HomeMy WebLinkAboutReso 95-1980RESOLUTION NO. 95-80
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION
OF A JOINT EXERCISE OF POWERS AGREE-
MENT FOR AIRPORT COMPATIBILITY
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement entitled "Joint Exercise of Powers Agree-
ment for Airport Compatibility," which agreement is to be entered into among
the Cities of South San Francisco, Burlingame, Millbrae and San Bruno, is
hereby authorized, and a copy of said Agreement is attached hereto as EXhibit "A."
2. Signatures.
The Mayor is authorized to execute said Agreement ' on behalf of the
City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco at
an ac[j~urnP, d meeting held on the 7th day of August , 1980,
by the following vote:
AYES: Councilmen Ronald G. Acosta, E~al~.ue.le N. Damonte_~ ~ _
Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia
NOES: None
ABSENT: None
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JOINT EXERCISE OF POWERS AGREEMENT
FOR
AIRPORT CO~.~ATIBILITY
TH~S AG?~EEMENT is dated ' , 1980, and entered
into ~.ong certain of the cities within san Mateo county, hereinafter
referred to as "CITIES" and comprised of the following cities:
BURLINGA~E, MILLBRAE, SAN BRUNO, and SOUTH SAN FRANCISCO.
RECITALS
THIS AGREE~,IENT is predicated on the following facts:
1. The entities are public corporations organized and operating
under the laws of the State of' California.
2. The entities are located close to San Francisco International
Airport and are impacted by said airport and its operations
with regard to noise, land use, and access.
--3. The entities desire' to closely monitor airport-related activities
at the local, state, and federal levels; to develop staff capa- ~:'
bility to analyz~ the' effects 'of such activities on the respective
communities served by the entities; to be informed through research
so as to be able to make an adequate response to such activities;
and to provide a governmental mechanism whereby the interests
and views of-each entity can be objectively coordinated for devel-
opment of a r..ajcr airport' c'o,~u~unity voice.
.4. Sections 6500 through 6515, inclusive, of the Goverrn..~ent Code
permit two or more cities to jointly exercis~ under an agreement
any power which is common to each of' them.
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5o Each of the cities desires to enter into an agreement with each
of the others for the purposes stated in Paragraph 3 of these
Recitals.
NOW, THEREFORE, for and .in .consideration of the mutual benefits,
covenants and agreements set forth herein, the parties agree as
follows:
SECTiC!; 1. ~Aut.horiky and Purpose_.
This agreement is made under the authori'hy of Sections 6500
_nrough 6515, inclusive, of the Government Code among the
following cities: BURLING~2.LE, MILLBRAE, SAN BRUNO, and
SOUTH SAN FRANCISCO.
EXHIBIT "A" TO RESOLUTION NO. 95-80 ADOPTED August 7 , 1980
(b) The purposes of this Agreement are as follows:
C~p~'~.~.. ~ly monitor
(1)' To develop staff oompa~o~--t:c-y-to clos
activities related to San Francisco International
Airport at the local, state and federal levels;
(2) 'To develop staff capability to effectively analyze
the effect of airport-related activities on the
respective communities, to inform member cities with
respect t.o research conclusions~ and to make recommenda-
tions for ~oint city response to such activities;
To provide a governmental mechanism whereby member
city interests and views can be objectively' coordinated
for development of a ma~or "Airport Community Voice";
(~) To pr. ovide for future 'inclusion Of additional public
entities which desire to become parties to the Agree-
ment.
'SECTION 2. Authority; Creation Of; Obligations Of.
Pursuant to Sections 6500-6515 of the Government Code, there
is created the Airport Compatibility Authority, a public entity,
separate and apart from the parties to this Agreement. The debts,
liabilities and obligations of the Authority shall not be debts~
liabilities and obligations of the member cities.
SECTION 3. T~rm of Agreement.
This Agreement becomes effective
and continues until terminated as hereinafter provided.
sEcTION ~. Governing B~dy.
, 1980
The Airport Compatibility Authority, hereinafter referred to as
"Authority," shall be governed by a Governing Board, which shall con-
sist of the City Council of each member city. The Governing Board
shall hold at least one regular .meeting every two months and shall fix
the date upon which and the hour and place at which each regular meeting
shall be held. The Governing Board may also hold special meetings
from time to time as it ~deems necessary. Each meeting of the Board
shall be called, noticed, held and conducted in accordance with
the Ralph-M. Brown Act (Section 54950, et seq. of the Government Code).
Minutes of regular, adjourned regular and special meetings shall
be kept by a person so delegated by the Boar<~. As soon as
possible after each meeting, a copy of the minutes shall be for-
warded to each member of the Board. The Governing Board may adopt
and amend by-laws and regulations which are not inconsistent with ~
applicable laws or with this agreement. Each by-law and-regulation
shall be promptly sent to each member of -the Governing Board after
--its adoption. A majority of the member cities of the Authority
shall constitute a quorum for 'the transaction of business, and a
member city shall be deemed present when a majority of the members
of its City Council is present. Each city shall have one vote
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on t~e Governing Board.
The puPpose of the Board is to establish policies and to adopt
an annual budget and work program for The Authority. Ail adopted
policies shall be reduced to writing and shall be promptly sent to
each member of the Board and the executive staff of the Authority
upon adoption.
The Board shall elect a president and vice-president from among
its members, at its first meeting. Thereafter, at its first meeting
in each succeeding year the Board shall elect a president and vice-
president. Each officer shall assume the duties of his office upon
election. If either the president or vice-president ceases to be a
representative, the resulting vacancy shall be filled at the next
meeting of the Governing Board' held after the vacancy occurs. In the
absence or inability of the president to act, the vice-president shall
act as president. The president shall preside at and conduct all
meetings of the Governing Board..
(a) A secretary shal. 1 be appointed by the Governing Board but
need not be a member of the Board.
(b) The Treasurer of 'the City of
is hereby designated to be the depositary and have custody
of all the money of the Authority created by this Agreement
without regard to the source of that money.
The Treasurer shall:
(1) Receive and receipt for all money of the Authority and
place it in the treasury of the City of
to the credit
of the AUthority;
(2) Be responsible upon his official bond for the safe-
keeping and disbursement of all Authority money so
held by him;
Pay, when due, out of money of. the Authority so held
by him, all sums payable on outstanding bonds and
coupons of the Authority;
pay any other sums due from the Authority from
Authority money, or any portion thereof, only upon
warrants of the public officer performing the functions
of auditor or controller who has been designated by
the Agreement; and
(5) Verify and report in writing on the first day of July,
October, January and April of each year to the Authority
and to the contracting parties to the Agreement the
amount of money he holds for the Authority, the amount
of receipts since his last report and the amount paid
out since his last report'.
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(c) The Finance Director of the. City of
is hereby designated controller of the Authority. He has
the powers, duties and responsibilities specified in
Section 6505.5 of the Government Code.
(d) The Governing Board 'shall contract with a certified public
accountant To make an annual audit of the accounts and records
of the Authority. The minimum requirements of the audit
shall be those prescribed by the .State Controller for special
district under Section 26909 of the Government Code and
shall conform to generally accepted auditing standards.
(e) The Governing Board shall have the authority to act on behalf
of the Authority in the exercise of its powers~ including
but not limited to each of the following-
(1) Make and enter into contracts;
(2) Recruitment and selection of consultants to and employees
and agents of the Authority;
(3) Preparation of annual work programs and time limits for
completion of items within such programs. Such work
programs shall identify impact areas and budgetary
costs associated with such impact activities;
(~) Preparation of .an' annual budget for the Authority;
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(5) Incurrenee of debts, liabilities and obligations; but
no debt, liability or obligation of the Authority is
a debt, liability or obligation of any' member of The
Authority;
(6) 'Acquire, hold or dispose of real and personal property;
(7) Receive contributions and donations of property, funds,
services and other forms of assistance from any source;
(8) Su'e and be sued in its own name;
(9) Lease real or personal property, including that of a
' member city;
(10) Through its consultants and. staff, to do the following'
a. To Study and analyze the impact of the activities
of San Francisco International Airport on the
member cities and the people who live and work
therein with regard to noise, land use and access;
b. To monitor said activities closely
c. To inform the member cities with r'espect to research
conclusions and to make recommendations for joint
member response to such activities;
d. To provide a governmental mechanism to objectively
coordinate the interests and views of the member
cities for The development of a major voice among
the community of interests affected by airport
operations.
These powers shall be exercised in the manner provided by
law, and, except as expresslY set forth in this Agreement,
subject only to those restrictions upon the manner of
exercising the powers which are imposed upon entities in
the exercise of similar powers.
SECTION 5. Fiscal Year and Annual Budget.
The fiscal year of the Authority shall be established by the
Board. The Board shall adopt the first annual budget prior to the
selection of staff and consultants, and subsequent annual budgets
shall be adopted not later than the first day of the ensuing fiscal
years.
SECTION 6. Charges to Cities.
(a) Not later than thirty (30) days after the adoption of the
annual budget of the Authority, each member city (OPTIONAL'
"and associate member city") shall pay to the Authority its
pro~rata share as determined pursuant to this Section.
(b) The pro rata share of each city shall be deT~ermined ·as
follows'
Each member city shall pay an amount equivalent to the total
amount of such budget divided by the number of member cities.
SECTION 7. Additional Members.
The Governing Board shall determine whether 'additional cities
shall be allowed to become members of the Authority and under what
conditions. Memberships of any additional cities may entitle them
to the same Privileges as the original members, or to a limited set
of privileges, at the discretion of the Governing Board. Each such .
additional member shall pay to the Authority an ·amount determined
by the Governing Board to be fair and equitable with regard to pay-
ment of initial costs and current expenses of ·the Authority.
SECTiOM 8. Withdrawal of Membership.
A party of this Agreement may withdraw by giving a written no~ice
-to the City Clerk of each member city and to the chief clerical officer
of the Authority not later than ninety (90) days prior to the end of
'the fiscal year during which such withdrawal is proposed. Such with- ~
drawal shall become effective at the conclusion of such fiscal year,
provided that such member city shall have paid a pro rata share of the
costs of the Authority for that fiscal year 'to -the exten~ that it did
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not previously pay therefor.
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SECTIO[~ 9.
Disposition of Assets Upon Withdrawal of a Member ~City.
The withdrawal of any city from this Agreement shall not terminate
the same, and no city by withdrawing shall be entitled to payment or
return of any funds or property paid, or donated by the city to the
Authority, or to any distribution of its assets.
SECTION 10. Accounts and Records.
The controller shall establish and maintain the funds and accounts
in accordance with acceptable account'ing practices and shall maintain
s~ch other records as the Governing Board shall require. Books and
records of the Authority shall be open to inspection at all reasonable
times by representatives of the member cities. Within 120 days after
the close of each fiscal year, the controller shall give a complete
written report of all financial activities for that fiscal year; The
.Governing Board shall contract with a certified public accountant to
make an annual audit of the accounts and records of the Authority.
In each case, the minimum requirements of the audit shall be those
prescribed by the State Controller for special districts under Section
26909 of the Government Code and shall conform to generally accepted
accounting standards. When an audit is made by a certified public
accountant, the Authority shall have a copy of the audit filed within
120 days of the end of the fiscal year under examination. The Authority
~shall bear the costs of the audit, including any amounts paid to a
certified public accountant. ' ~:~
SECTION 11. Bond Requirement.
A bond in the amount set by the Governing Board, but not less
than Twenty-Five Thousand Dollars ($25,000) shall be.required for all
officers and personnel authorized to disburse funds of the Authority,
such bond to be paid by the Authority.
SECTION 12. Termination; Disposition of Assets.
This Agreement may be terminated upon the consent of all the
parties. Upon complete termination of this Agreement .by all cities
and the settlement of all liabilities and claims, including incurred
but not reported claims, all property of the Authority shall be
divided among the cities in a ratio equal to that of the total amounts
paid by the cities to the Authority for the five fiscal years ~receding
the year in which the Agreement is terminated.
SECTION 13. Notices.
Notices to cities under this Agreement shall be sufficient if
delivered to the City Clerk to the attention of the members of the
Governing Board.
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S~.6TION 14 Prohibition Against Assignment
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No city may assign any right, claim or interest it may have under
---~ This Agreement, and no creditor, assignee or third party beneficiary
of any city shall have any right, claim or title ~o any part, sha~e,
interest or asset Of the Authority.
SECTION 15. Amendment.
This Agreement may be amended by resolution of the City Councils'
of two-thirds of the then member cities.
IN WITNESS WHEREOF, the parties have executed this Joint Exercise
of' Powers Agreement as of the day and year first above written.
CITY OF BURLINGAME
ATTEST' By
Mayor
City Clerk
City of Burlingame
CITY OF MILLBRAE
ATTEST' By
Mayor
city Clerk
City of Millbrae
CITY OF SAN BRUNO
ATTEST:
By
Mayor
City Clerk
City of San Bruno
CITY OF SOUTH SAN FRANCISCO
ATTEST'
By
Mayor
__City Clerk
City of South San Francisco
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