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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 - 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. -2- (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; -3- (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. -4- (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. -5- 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 -6- 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. - - 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. -7- (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 -8- 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 -9-