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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 q! .. 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. · 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 -2- 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'. -3- (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; - _ (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 -5- not previously pay therefor. · 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. -6- S~.6TION 14 Prohibition Against Assignment · 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 -7-