HomeMy WebLinkAboutReso 6-1982 RESOLUTION NO.' 6'-82
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT FOR THE PROCESSING OF PARKING
CITATIONS" (J'PARK)
WHEREAS, the cities 'of South San Francisco, Colma, Daly City, Brisbane,
Pacifica, San Bruno .and San Mateo, and the Bay Area.Rapid'Transit District
(BART), and the City'and County of San Francisco desire to enter into an
agreement creating a Joint Powers Authority for the processilng of parking
citations; and
WHEREAS, such an agreement.'~is authorized'by-Sections 6500 thro. ugh"6515,
inclusive, of the Government'Code; and
WHEREAS, an .agreement'has been drafted and submitted to each of the above
listed agencies, 'which .agreement sets forth 'the' duties and obligations of each
of the member agencies; and
WHEREAS, no parking citations shall be processed pursuant to said .agreement
unless the County of San Mateo or the Municipal. Court of the Northern Judicial
District of said County shall have elected 'to~ discontinue the processing of
parking citations~and the collecting of associated bail and fines fOr' the parties
to said .agreement, pursuant to' Section 1463(3) of the Penal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that: The ~agreement entitled "Joint Exercise of Powers .Agreement for
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the Processing of Parki.ng Citations" (J-PARK), which .agreement is attached as
Exhibit "A" hereto and incorporated by reference herein, is hereby approved, and
the Mayor is authorized to execute said agreement ~for the City and the City Clerk
is authorized to attest his signature thereto.
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
regular meeting held on the 6th day of' January , 19 82 , by
the following vote-
AYES- Councilmembers Ronald G. Acosta, Mark N.~ Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES- None
ABSENT: None
ATTEST- ~' City
.
JOINT EXERCISE OF POWERS AGREEMENT
FOR
THE PROCESSING OF PARKING CITATIONS
THIS AGREEMENT is dated , and is entered into by the
following public agencies: ~the cities of Brisbane, Colma, Daly City, Pacifica,. San
Bruno, San Mateo, and South San Francsico; the Bay Area Rapid Transit District and
the City and County of San Francisco.
RECITALS
THIS AGREEMENT is predicated upon the following facts:
1. The parties are public corporations or entities organized and operating under the
laws of the State of California.
2. The parties issue citations for violation of their vehicular parking regulations.
These Citations must be processed Speedily and carefully to assure just treatment
to offenders and full receipt of fine and bail revenues due the'Parties. Such
processing and collecting currently.places administrative demands upon the muncipal
courts, which demands could be alleviated to the benefit, of all concerned if a single
entity were established which could contract with-independent contractors to perform
such processing and collecting.
3. The-parties are located and/or perform operations within the County of San Mateo
State of California. A centralized citation processing and collection system would
be convenient and feasible.
4. Sections 6500 through 6515, inclusive, . of the Government Code permit two or more
public agencies to jointly exercise under an Agreement any power which is common to
each of them.
5. Each of the parties desires to enter into an Agreement with each of the other
parties for the purposes stated in Paragraph' 2 of these recitals.
NOW THEREFORE, for and in consideration of the mutual benefits, convenants, and
agreements set forth herein, the parties agree as follows:
SECT~ON 1. Authority and Purpose
(a) This Agreement is made under the authority of Sections 6500 through 6515,
inclusive, of the Government Code among the following public agencies: the cities
of Brisbane, Colma, Daly City, Pacifica, San Bruno, San Mateo and South San Francisco;
the Bay Area Rapid Transit District and the City and County of San Francisco.
(b) The purpose of this Agreement is to establish a single public authority to
process the vehicular parking citations issued by the parties to this Agreement
and collect such fines and bail associated therewith.' Such processing and collecting
will include, but not limited to, receipt of fines paid and bail deposits posted
in connection withcitations; oral and written communications with alleged offenders
in an attempt to obtain collection of such funds; necessary co-ordination and commu-
nication with appropriate municipal courts regarding appearances, hearings and
required information exchange; and'communication with the Department of Motor Vehicles
to take such steps as to assure compliance with the provisions of Section 4760 of
the Vehicle Code.
SECTION 2.
Authority; Creation Of; Obligations Of.
Pursuant to Sections 6500-6515 of-the Government Code, there~ is created a Joint
Powers Authority for Processing of .Parking Citations, 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 agencies.
SECTION 3. Term of Agreement.
This Agreement becomes effective upon its execution by all the parties.
SECTION 4. Governing Board.
(al The Joint Powers Authority for Processing of Parking Citations, hereinafter
referred to as "Authority," shallbe 'governed by'a Governing Board. The Governing
Board shall consist of one officer or employee of each member~party, who~shall be
either the chief administrative officer of such party, or a person appointed by such
chief administrative officer, provided~ however,: that the representative of the
City and County of San'Francisco 'shall be appointed by the Airports Commission of
said City and County.
(b) The Governing Board shall hold at least one.regular meeting quarterly and shall
fix the date. upon which and the hour and placeat which'each regular meeting.shall
be held. The Governing Board may also hold special meetings from time to time as
'it may deem necessary. Each meeting of the Board shall be called, notices, held
and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq.,
of the Government Code).
(c) Minutes of regular, adjourjed regular, and special meetings of the Governing
Board shall be kep by the Secretary of the Authority. As soon as. possible after
each meeting, a copy of the minutes shall be forwarded to each member of the Board.
(d) 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.
(el A majority of the regular members of the Governing Board shall constitute
a quorum for the transaction of business. Each regular Board member shall have
one vote.
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(f) -The Board shall elect a president and vice-president for the Authority from
among its regular members~ at its first meeting. 'Thereafter, at its first meeting
in each succeeding year the Board shall elect a president and vice-president.
E~.ch officer shall assume the duties'of-his office upon election. If either the
president or vice-president ceases to be a representative from his member agency,
the resulting vacancy shall be filqed 'at the next'meeting .of the Governing Board
after the vacancy occurs. In the absence or inability of the..president to act,
the vice-president shall preside at and conduct the meeting of the Governing Board.
SECTION 5. Duties of Governin~ Board.
(a) The Governing Board shall have the following powers:
.(l) Make-and enter into contracts;
(2) Recruitment and selection' of consultants to and officer and employees
of the Authority;
(3) Preparati on and approval of an annual budget for the Authority;
(4) Incurrence of debts, liabilities and obligations; but no debt, liability
or obligation of the Authority is a debt, liability or.obligation or any member of
the Authority;
(5) Acquire, hold and-dispose'of real and Personal property;
(-6) Receive contributions and donations of property, funds, services and
other forms of assistance from any source;
(7-) Sue and be Sued in its own name;
(8) Lease real or personal property, including that~ of a party to this
Agreement.
(b) The Governing Board shall have the power to enter into a contract'with one
or more qualified contractors, consultants, or other persons for the performance
of the following functions:
(1) The maintenance, processing, and handling of records of the various
member'public agencies pertaining to vehicular parking citations;
(2) The receipt of money from persons to whom such citations have been
issued in payment of fines and bail and interest generated thereon;
(3) The keeping of accurate records and accounts of all sums received and
disbursed.
(4) Provision of written notice and 'oral communications to persons responsible
for such citations to encourage and facilitate payment of fines and bail;
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(5) The transittal of appropriate records and other information to the
respective judicial districts in connection with court appearances and hearin§s
as may be requested by the alleged offenders', and in connection with other
matters as may be requested by the affected judicial districts;
(6) The transmittal of appropriate records and other information to.the
Department of Motor Vehicles of the-State of California to assure that persons
responsible for the positng of bail for ~such citations or appearance in court in
lieu thereof are required to fulfill their legal obligations with regard to such
citations prior to the renewal ~of their California vehicUlar registration, as
provided by law;
(7) Any such additional functions-as the Governing Board may deem necessary
and proper to accomplish the foregoing..
Any contract entered into pursuant tothis subsection shall provide that
the contractor, consultant, or other'person'selectedto perform said functions
shall receive monetary compensationexclusively'from funds collected and/or interest
generated by such funds prior to disbursal as described in this section.
The enumeration of special powers of the Governing'Board pursuant tothis
subsection shall not be a.limitation on the general powers set forth in subsection (a).
(c) 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 6. Secretary of Authority,
There shall be a Secretary of the Authority who shall be appointed by the
GOverning Board. The Secretary shall be responsible for the keeping of minutes
of the meetings-of the Governing Board pursuant to Section 4(c) of this Agreement.
SECTION 7. Treasurer of Authority.
'(a) The Treasurer of the City.of Daly City is hereby designated to be the depositary
·
and have custody of all the money of the Authority 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 Daly City to the credit of the Authority.
(2) Be responsible upon his official bond for the safekeeping and disbursement
of all Authority money so held by him.
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(3) Pay any outstanding obligations of 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 this Agreement; and
(4) Verify and report in writing on the first day of July, October, January,
and April of each year to the Authority and to the parties of this 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.
SECTION 8. Controller of Authority; Accounts and Records.
(a) The Finance Director of the City of Daly City is hereby designated controller of
the Authority, 'He has the'powers, duties, and responsibilities specified in Section
6505.5 of the Government Code.
(b) The controller shall establish and maintain the'funds and accounts in accordance
with acceptableaccounting practices and shall maintain such other records as the
Governing Board shall require.
(c) Books and records of the Authority shall be open to inspection at all reasonable'
times by representatives of the member agencies.
(d) Within 120 days after the close of each fiscal year, the controller shall give
a complete written report of all financial activites for that fiscal year.
--- (e) When an audit is made by a certified public accountant pursuant to Section 9,
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 9. Certified Public Accountant- Annual Audit.
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 districts
under Section 26909 of the Government Code and shall conform to generally accepted
auditing standards.
SECTION lO. Bond Requirement.
A bond in the amount set by the Governing Board, but not less than Twenty-Five
Thousand Dollars ($25,000.00) shall be required for all officers and personnel
authorized to disburse funds of the Authority. The cost of such bond shall be paid
by the Authority.
SECTION ll. Fiscal Year and Annual Budget.
The fiscal year of the AUthority shall be July 1 of each calendar year through
and including June 30 of the ensuing calendar year. The Board shall adopt the first
annual budget prior to the selection of any contractor or consultant as provided in
Section 5(b). Subsequent annual budgets shall be adopted not later than the first
day of the ensuing fiscal year.
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SECTION 12. Allocation of expenses.
(a) Upon the effective date of this Agreement, each member 'agency shall pay an
amount as set .forth in Exhibit "A," attached hereto and incorporated by reference
herein,
(b) Any contract entered into by the Governing Board pursuant to Section 5(b) shall
provide the payment to the contractor for services rendered in the processing of
parking .citation shall be. paid on the basis~ of a flat fee per citation processed,
or on any other basis which has been approved by a two-thirds (2/3) vote of all
regular members ~of the Governing Board whether present or not.
(c) Other expenses of the Authority shall, be allocated by the Governing Board
based upon the number of parking citations processed for each member agency, or
on~iany other-basis.which has been approved by a two-thirds (2/3) vote of all
regular members of the' Governing Board whether or not.
SECTION 13. Additional members..
The Governing Board shall determine whether additional agencies shall be
allowed to become members of the Authority and under what conditions. Memberships
of additional agencies may be on such additional terms as the Board may require.
Such memberships may entitle the agencies to the same privileges as the original
members, or to a limited set of privileges, at the discretion of the Board.
SECTION 14. Withdrawal of membership.
(a) A member agency may withdraw its membership upon not less than thirty(30)
days written notice to the Secretary of the Authority if 'the Authority has not
entered into a contract pursuant'to Section'5(b).
· (b) After the Authority has entered into a contractpursuant to Section 5(b),
no withdrawal of membership shall become effective until the end of the base term
of such contract. A member agency may withdraw its membership, effective upon the
conclusion of said base term, upon not less than ninety (90) days w~itten notice
to the Secretary of the Authority prior to the conclusion· of such base term.
(c) The Secretary of the Authority shall furnish each member agency with a copy
of any contract proposed to be entered into pursuant to Section 5(b) not less than
sixty (60) days prior to the date into which such contract is entered.
(d) Execpt as otherwise provided in subsections (a) and (b), a member agency may
withdraw its membership upon not less than ninety· (90) days written notice to the
Secretary of the Authority prior to the end of the fiscal year during which with-
drawal is proposed. Such withdrawal shall be effective at the conslusion of such
fiscal year.
SECTION 15. Dispos~t.ion of-Assets__Upon. Withdra~wal 'of a Member.
The withdrawal of any member from this Agreement shall not terminate the
Agreement, and no member by withdrawing shall be entitled to payment or return of
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fund or property paid, or donated by the member to the Authority, or to any distri-
bution of its 'assets, except for money to which the withdrawing member is entitled
from collections of fines and bail and any interest earned thereon.
SECTION 16. Ter. mination;'Di_spos_ition o_f Asset,s.
(a) This Agreement may be terminated upon the consent of not less. than two-thirds'
(2/3) of the member agencies. Upon termination of this Agreement, all funds shall
first be used to pay expenses.
(b) After payment of said. expenses, funds consisting of receipts from payment of
fines and posting of bail and any interest earned thereon shall be distributed to
member agencies in the manner and extent to which each agency is entitled under
Section 12(c).
(c) Other expenses of the Authority shall be allocated by the Governing Board based
upon the number of parking' citations, processed for each member agency during the
preceding twelve month period.
SECTION 17. Notices.
Notices to member agencies under this Agreement shall be sufficient if delivered
to the City Clerk or chief secretarial officer of the member of. the Governing Board,
or to any other person' designated by the member agency.
SECTION 18. Prohibition Against AssiGnment.
No member agency may assign any right, claim, or interest it may have under this
Agreement, and no creditor, assignee or third party beneficiary of any member agency
shall have any right, claim, or title to any part, share, interest, or asset of the
Authority.
SECTION 19. Allocation of Bail and Fine Revenues.
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The allocation of all bails and fines collected on citiations issued which are
contested by the recipient and heard in the' respective courts shall be as follows'
(a) To all incorporated cities and to the Bay Area Rapid Transit District- 25%
to the involved court and 75% to the issuing agency.
(b) To all other members of this' Agreement and the City and County of San Francisco's
operation of the San Francisco International Airport - 50% to the involved court
and 50% to the issuing agency.
This section shall not be effective until the County of San Mateo consents
and agrees in writing to the above allocation of fines and bails collected on
contested matters.
SECTION 20. Electionof Cou,nts_ or Court to Discontinue Processing of Parking Citations.
(a) No parking citation shall be processed .under this Agreement unless the County of
San Mateo or the Municipal Court of the Northern Judicial District of said county
shall have elected to discontinue processing of the posting of bail for parking
citations for the issuing agencies which are parties to this Agreement, pursuant
to Section 1463(3) of the Penal Code.
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(b) No parking citation issued by any public agency'within the territorial
jurisdiction of a municipal court other than that of said Northern Judicial District
shall be processed under this Agreement unless the county or court, within which said
agency is located shall have elected to discontinue processing of the posting of
bail for parking citations for such agency, pursuant to Section 1463(3) of the
Penal Code.
SECTION 21. Amendment.
This Agreement may be amended by resolution of the governing boards or City
Councils' of two-thirds (2/3) of the then parties hereto.
IN WITNESS WHEREOF, the parties have executed this Joint Exercise of Powers
'Agreement as of the day and year first above written.
AGENCY:
·
Mayor (or Chief Presiding bfficer)
ATTEST'
-City C~lerk (or Chief Secreta-rial Officer)
AGENCY:
The County of San Mateo does hereby agree to the allocation of bail and fines
as set forth in paragraph 19, and agrees to abide by said allocation. The Agreement
of the County of San Mateo is limited soley to paragraph 19 of the Joint Powers
Agreement and to no other paragraph or paragraphs thereof.
COUNTY OF SAN MATEO
By
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EXHIBIT "A"
CONSULTANT COST SHARING
Daly City 1000
Airport 1000
San Mateo 1000
BART 1000
South San Francisco
700
San Bruno 700
Colma 200
Pacifica 200
Brisbane 200
6000
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