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HomeMy WebLinkAboutReso 103-1991 RESOLUTION NO. 103-91 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS TO ADJUSTMENT OF POPULATION FIGURES ~EREAS, on November 14, 1990, the City Council adopted Resolution No. 164-90 authorizing the execution of a Joint Powers Agreement ("Agreement") establishing the City/County Association of Governments; and ~EREAS, said Agreement contained preliminary population figures for the member agencies; and ~EREAS, the population figures are utilized in establishing special voting procedures and determining each agency's financial contribution to C/CAG; and ~EREAS, the C/CAG Board of Directors desires to establish a meckanism that would allow the population figures to be changed without formally amending the Agreement; and WC_~EREAS, each member city must approve any amendments to the Agreement; and ~EREAS, the City Council finds that the proposed amendment will be beneficial to the City since it will allow the Joint Powers Agency to function more efficiently. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Francisco as follows: 1. Amendment No. 1 to the Joint Powers Agreement Establishing the City/County Association of Governments, as set forth 5n Exhibit "A", is hereby approved and adopted. (Exhibit "A") 2. The Mayor is hereby authorized to execute the proposed Amendment to the Agreement on behalf of the city and the City Manager is authorized to take all steps necessary related to the implementation. 3. The remaining portion of the Agreement (Exhibit "B"), not affected by the proposed Amendment, shall remain in full force and effect. 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 14th day of August , 1991 by the following vote: AYES: Councilmembers Richard A. Haffey, Gus Nicolopulos, John R. Penna, Roberta Cerri Teglia, and Mayor Jack Drago NOES: None ABSTAIN: None ABSENT: None AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS THIS IS AMENDMENT NO. i to the Joint Powers Agreement Establishing the City/County Association of Governments and is made in light of the following recitals: A. The COUNTY OF SAN MATEO ("County") and 18 cities within the County ("Cities" or "City" as the context requires) previously entered into a Joint Powers Agreement Establishing the City/County Association of Governments ("the Joint Powers Agreement"). B. The Joint Powers Agreement included in Exhibit A a preliminary population count for County and each City (including San Bruno, which is not a party to the Joint Powers Agreement). These figures are used when the special voting procedures are requested and to determine each member's contribution to C/CAG. C. The results of the decennial federal census will be available shortly and County and Cities desire to amend the Joint Powers Agreement to revise the population figures in Exhibit A and to provide a method for adjusting the figures in the future without further amendments to the Joint Powers Agreement. NOW, THEREFORE, COUNTY AND CXTIES AGREE as follows: 1. The last sentence of Section 4(c) of the Joint Powers Agreement is amended to read: "In determining the population of local governments, the population shall be utilized as set forth in Exhibit A to Amendment No. 1 to the Joint Powers Agreement or as set forth in a resolution adopted by the Board of Directors pursuant to Section 19." 2. The third sentence of Section 6 of the Joint Powers Agreement is amended to read: "The pro-rata share of each agency shall be based upon its population as reflected in Exhibit A to Amendment No. I to the Joint Powers Agreement or as set forth in a resolution adopted by the Board of Directors pursuant to Section 19." 3. Section 19 is added to the Joint Powers Agreement to read: "19. Adjustment Of Population Figures. The Board of Directors may acjust by resolution the population figures set forth in Exhibit A to Amendment No. I to the Joint Powers Agreement at any time based on the results of the decennial federal census or population figures provided by the State Department of Finance. %. Exhibit A to the Joint Powers Agreement is amended as set forth in the revised Exhibit A attached to this Amendment. 1 EXHIBIT "A" RESOLUTION NO. 103-91 5. Ail other provisions of the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, by their duly authorLzed representative, have affixed their hands on the dates indicated below. Dated: ATTEST: Clerk of the Board Dated: ATTEST: Clerk of Town Council COUNTY OF SAN MATEO BY President of the Board of Supervisors TOWN OF ATHERTON BY Mayor Dated: ATTEST: Clerk of City Council CITY OF BELMONT BY Mayor Dated: ATTEST: Clerk of City Council CITY OF BRISBANE BY Mayor 2 EXHIBIT "A" Dated: ATTEST: Clerk of City Council CITY OF BURLINGAME BY Mayor Dated: ATTEST: Clerk of Town Council TOWN OF COLMA BY Mayor Dated: ATTEST: Clerk of City Council CITY OF DALY CITY BY Mayor Dated: ATTEST: Clerk of City Council CITY OF EAST PALO ALTO BY Mayor Dated: ATTEST: Clerk of City Council CITY OF FOSTER CITY BY Mayor 3 EXHIBIT "A" Dated: ATTEST: Clerk of City Council CITY OF HALF MOON BAY BY Mayor Dated: ATTEST: Clerk of Town Council TOWN OF HILLSBOROUGH BY Mayor Dated: ATTEST: Clerk of City Council CITY OF MENLO PARK BY Mayor Dated: ATTEST: Clerk of City Council CITY OF MILLBRAE BY Mayor Dated: ATTEST: Clerk of City Council CITY OF PACIFICA BY Mayor 4 EXHIBIT "A" Dated: ATTEST: Clerk of Town Council Dated: ATTEST: Clerk of City Council Dated: ATTEST: Clerk of City Council Dated: ATTEST: Clerk of City Council Dated: ATTEST: Clerk of City Council Dated: ATTEST: Clerk of Town Council TOWN OF PORTOLA VALLEY BY Mayor CITY OF REDWOOD CITY BY Mayor CITY OF SAN CARLOS BY Mayor CITY OF SAN MATEO BY Mayor CITY OF SOUTH SAN FRANCISCO BY Mayor TOWN OF WOODSIDE BY Mayor 5 EXHIBIT "A" CI-Y/COUNTY ASSOCIATION OF $OVERNNENTS OF SAN I~ATEO COUNTY (C/CAG) POPUI. A-XONS OF CITIES AND PERCENTAGES OF TOTAL COUNTY POPULATXON OF C/CAG NE)IBER CITIES FOR C/CAG SPECIAL VOTING PROCEDURE CALCULATION CZT¥/COUNI'Y POPUI. ATZON* % OF TOTAL CO. POPULATION** DALY CITv 92,311 14.21% SAN MATE) 85,486 13.15% REDWOOD CITY 66,072 10.17% SAN MATEO COUNTY 57,637 8.87% SO. SAN =RANCISCO 54,312 8.36% SAN BRUND*** (38,961) (5.99%) PACIFICA 37,670 5.79% FOSTER CITY 28,176 4.33% MENLO PA~K 28,040 4.31% BURLINGAIE 26,801 4.12% SAN CARL3S 26,167 4.02% BELMONT 24,127 3.71% E. PALO ALTO 23,451 3.61% MILLBRAE 20,412 3.14% HILLSBOROUGH 10,667 1.64% HALF MOCN BAY 8,886 1.36% ATHERTOB 7,163 1.10% WOODSIDE 5,035 0.77% PORTOLA VALLEY 4,194 0.63% BRISBANE 2,952 0.45% COLMA 1,103 0.16% * Population source is the official 1990 Census, PUBLIC LAW P.L. 94-171 ** Percentages based on a total official 1990 Census County population, including the unincorporated area and San Bruno, of 649,623. *** San Bruno is currently not a member of C/CAG. 6/14/91 EXHIBIT "A" JOINT POkl~S A(~t~EI~3~T ESTABLISHII~ TIlE CITT~ ASSOCIATION O1~ ~ THIS AGREEMENT, by and between the COUNTY OF SAR MATES (herein- after referred to as the "County") and those cities within the County of San Mates who become signatories to this agreement, hereinafter referred to as "the Cities" or "City" es the context require), is made in light of the following recitals: A. The County and the Cities have authority to perform a variet~ 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 'cite parties will prepare, adopt, monitor and enforce county-wide state mandated plans es specified in 3(c) below. Local land-use decisions, except &e they are affected by state-~andated county-wide plans, will re~ain solely within the cognizant local Jurisdiction. B. The parties ere authorized to contract with each other for the joint exercise of any common power pursuant to Government Code sections 6500 through 6518. C. The County agrees that all advisory and state/federal mandated activities that are currently assigned to the Regional Planning Committee will be transferred to C/CAG upon its establish- ment. Exhibit "l)." RESOLUTION NO. 103-91 NOW, T~R~PO~, the County and the Cities, in consideration of t. he ~ut~al promises ~nd agreement contained herein, ACREE AS 1. Establishment of Clty~ty Ass~tat/on of S~ ~t~ ~ty. ~e part,es hereby create ~ entlt~ to ~ ~o~ as C~ty/Count~ Association of ~ver~ents of San (hereinafter referred to as 'C/CAG~) for ~e preparation, adoption, mon~to and enforcing of count~-wide state mandated plans. C/~G w~ll ass~e all ~e activities ~at are ~rrently ass~ to ~e Re, al Pla~ing Co~ittee. ~e C/~G shall be an ent~t~ which separate from ~e parties to this agreement and shall be re~onsible for a~n~stration of ~s agreement. Except as provid~ herein, ~e II.lift,es, and obligations of the C/~G shall debts l~illties, and obligations of ~e entity and not ~e debts, 1~ ~t~es, ~/or obligations of ~e part~e~ to ~s agreement. ~s reement shall be e~fect~ve upen its exertion b~ a least eleven (11) cities representin~ ~e majority o~ atlon of ~e Co~t~. ~s agreement shall continue ~n effect unt~] te~nated as provided herein. 2. Board of Directors. The Board of Directors of the Cit' Associat~on shall consist of a me~ber of the C~ty Council of ach participating City to be selected by that C~ty and one (1) of the Board of Supervisors to be selected by the Board of ,~8ors. Each member City Council and the Board of Supervisors may select one (1) alternate member from its body who shall partici- when the regular member is absent. In addition, the County 2 £XH]~Bi'T "B" Superint4 ~ndent member. fulfill for of Schools shall serve as a non-voting ex-officio 3. l~Al'l~o~ee and Ac~tvittes. The C/CAG is established followinq purposes opera~inq ~hrouqh ~he Board of Directors rol, direction, and a~inis~ra~ion: (a)Plan, organize, and maintain ~e work of be responsible for i~s overall opera,ion. (b) Advise City Councils and ~e Hoard of Supe~isors of all si~ific~t activities of ~e (c) Review~ adop~ monitor and enforce ~e followin~ s~a~e-m~da~ed co~y-wide plans: (1) Con~es~ion ~anaqemen~ Plan~ (2) Integrated Solid Waste Nana~emen~ Plan~ (3) Ai~or~ ~ Use (4) Hazardous Waste ~a~eaen~ Plan~ (d) Perfom such additional County-wide pla~inq ac~ivi~ies as approved by or directed by ~o-~irds (2/3) of me.ers represen~inq ~wo-~hi~ds (2/3) of ~e of ~e Co~2. Final adoption of any such plans shall only plan has been in~r~uced a~ a prior ~ee~in~ held a~ lea~ ~ir~M (30) days earlier. (e) U~ilize and establish advisory ~co~i~ees wherever necessary, lncludin~ u~ilizin~ ~e exis~inq s~o~i~ees of ~e Regional Pla~inq Co~i~ee as: (1) Airpor~ Land Use Co~i~ee 3 EXHIBIT "B" (2) FAU Project ~eviev Comittee (3) water Comittee ! (4) Solid Waste ¢oeu~ittee (5) Tr~spor~a~ion~and Use Co~i~ee (6) Bikeways Advisory Co~i~ee ~e Board of Directors may consider consolida~in~ cool,tees such as ~e Ai~or~ Land Use Co~i~ee ~d ~e Ai~or~ Roun~able and may crea~e o~her s~co~i~ies such as a special districts su~o~i~ee ~ a school districts s~o~i~tee. S~co~i~ee me~ership include perons who a~e no~ me~ers of ~e Board of Directors, includin~ o~er elected officials or p~lic m~ers. Adopt By-laws and such o~er ~ dee~ ~cessar2. be 4. Votin~ Procedures. The parties intend to strive for followinq full discussion but in the event consensus cannot .ched f~e following voting procedures shall be utilized. (a) A quorum shall consist of at least a majority of me~bers and shall be required for all meetinqe of the (b) All decisions and actions shall be by majority vote of present unless the decisions involves the adoption of a ;y-wide plan or any one (1) member requests the use of the s~ecial voti~q procedures hereinafter set forth. 4 EXHIBIT "B" (c) The specisl voting procedures shall b~ utilized upon t~.e request of any one (1) member and for ~he final adoption of ~tnty-wide plans. Special voting procedures shall be aa ~o~lmm: for a motion to be successful it must receive the votes of a malortty of ~he members representing a majority of the population of the County. In determlntno the population of local governments, the population as of 1990 shall be utilized as set fort~h in Exhibit 1, attached hereto. 5. Budget The Board annually shall adopt by October 1 of each year an operating budget for the C/CAG setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this agreement. The fiscal year for the C/CAG shall be from October ! of each year to September 30 of the £ollowing year. Ismediately after approving the annual budget, the Board shall recoeesend 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 as set forth in section 6 below. It is expressly agreed and understood that -,he Board has no authority to bind any governing board to ~ake the recommended contribution and/or appropriation and that this decieLon rests solely with each governing body. Each party shall depos;t its monetary contribution to the budget viththe C/CAS Treasurer on or before November 1 of each fiscal year. mutual 6. Contribution o£ Parties. In consideration of the promises contained herein, the parties agree that they shall 5 EXHIBIT "B" followinq annual contributions towards maintainin9 the of t~e 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 Direct The pro-rata share of each agency shall be based upon its 1990 ation as reflected in Exhibit A. By uae of the special procedures under special circumstances the Board of Directors may w. ive contributions. If a member fails to pay its annual contri- it shall forfeit its voting rights as provided in paragraph l0 and shall be no further recourse against it for nonp&y~ent. and 7. Treasurer. The Board of Directors shall select a ~rer from one of its member entities who shall be the depository ave custody of all the money and property of the C/CAG from source. ~he duties of the C/CAG Treasurer shall include set forth in the Government Code section 6500 et seq., Joint lee of ~owera. 8. Controller. The Board of Directors shall select a Controller from one of its member entities who shall perform the funct;ions of auditor and/or controller for the C/CAO. The duties of the Controller shall include those set forth in Government Code sect.on 6500 et seq., Joint Exercise of Powers. 9. Staffinq. It is understood that C/CA~ may require the ~rt of its own administrative staff, k~hen deemed necessary, the d of Directors may employ an Executive Director. The Board shall 6 EXHIBIT "B" have Execu~i' Director,s. for all employmen~ decisions regarding said Director who shall serve a~ the pleasure. , of t. he Board The Executive Director shall be responsible for ~.he day-to- administration of t~e C/C. AG under t. he direction of ~he Board )f Directors. The Executive Director shall seek advice and assist~ from a committee of ~he County Manager. Sam Trans General Mans, . and ~.hree (3) City Managers chosen by t. he City Manager's Associ tion. The Executive Director shall have Ge authori~y to employ administrative s~aff consistent wi~h ~be approved budget of ~he C Staff responsibilities shall include ~he follow: a. Administrative support for l~he C/CAG; b. Meeting logistics; c. Conduct of minor studies and ad hoc assigrments; d. Project management, includin~ but not limited to: (1) Preparation of Requests for Proposals; (2) Consultant evaluation and selection; (3) Contract management; (4) ~uality control (review of deliverables); (5) Formulation of recommendations to mend)ers; e. In,er-governmental coordination; f. Public information and public relations. Prior to ~he appoin~Jaen~ of an Executive Director~ an admin; s~ra~ive steering committee, composed of ~he County Manager. Sam Trans General Manager, and ~hree (3) City Managers. to be selected by the C~ty Managers Association0 shall be .responsible for providing an2 7 EXHIBIT "B" staff assistance to the C/CAG. It ls understood that C/CA~ may amp personnel, utilize existing County, staff, )r retain professional consultants to pe~f~,~rm staff ork in meeting its goals and objectives. Trane or City any necessary It is further underst~,od that no County, Sam Trane or City staff will be utilized without the consent of the employing agency. by the obli, 10. #ithdrawal. Any party may withdraw from this agreement written notice of intention to do so with the Chairman of arming board by September 30th of each year. The rights and of such party shall terminate at the end of the first full fiscal year for which the withdrawing party has made its contribution fol ng such notice having been given. The withdrawal of any party from ~is agreement shall in no way affect the rights and obligations of the remaining parties. If a party withdraws £ro~ tilts agreement, such p ~rty shall not be entitled to the return of any funds contri- buted or make that non- ;o the C/CAG nor to the return in cash or in k. tnd of any materials until termination of this agreement. If · party fails to contribution in accordance with section 6 of this agreement, shall forfeit its voting rights during the period of such However, if one of the Cities or the County wishes to after forfeiting its membership by non-payment of its contrt- , it may do so by paying the desi~nated amount. 11. Termination and Disposition of Pro. arty. This agree- ment be deemed terminated when the number of Cities participating in this agreement contain less than a majority of the population of 8 EXHIBIT "'B" the Co~nty, or are fewer ~han eleven (11) in nmaber. Upon termination, equilmment and all other assets shall be distributed to the parties hereto in proportion to the c~nt~i~utions of the parties during the life of the C/CAG including distribution to parties which may have withdr~wn at an earlier date. Upon termination, any ~urplus money on hand s'.uall be returned to the parties in proportion to the contribu- tions of the parties during the life of the City/County Association of 'Government including distribution to parties which may have withdrawn at an earlier date. 12. Termination After rive Years. This agreement shall automatically terminate five ($) years from its effective date unless renewed in writing by the County and by at least eleven (Il) cities containing a majority of the population of the County. Upon such far,ir, etlon, the provision of sections 10 and 11 apply. If the agreement is renewed, the parties shall specify the new term of the agreement. 13. Neetinas. Monthly meetings of the C/CAG Board of Direc=ors shall be held in accordance with the Brown Act, ~overmaent Code Section 54950 et sea. The Board of Directors shall establish a regular time and place for the required meetings. In addition the Board of Directors shall have such other meetings as are deemed necessary. 14. Notice of A~ree~ent. Pursuant to Government Code section 6503.5, the C/CAG shall, within thirty (30) days after the 9 EXHIBIT "B" effecti~ date of t. his agreement, cause a notice of the agreement to be prep ~red and filed wi~.h the Office of the Secretary of State. i 15. Other Aaeociat. ionm. Participation in C/CAG is not to preclude member entities from entering into similar with other Jurisdictions. C/CAG 16. Le~alCounsel. Unless the Board of Directors determines se, the County Counsel shall serve as legal counsel to the provide all routine legal advice and service necessary ng attendance at Board of Directors meetings. existil covera Said liti, or by 17. Insurance. The County shall add the C/CAG to its excess liability insurance coverage and shall maintain ~uch in full force and effect during ~he life of this agTeement. ~cess liability insurance coverage has a $250,000 self-insured by the County. Unless the Board of Directors decides County shall provide for the defense of any claims or on within ~he $250°000 self-insured retention. ~egal repre- ion by the County will ordinarily be provided by the Office of Counsel. Any out-of-pocket expenses or loss, by way of Judgment ~tlement, arising out ~he operation of this agreement, within the of the County's $250,000 self-insured retention shall be shared parties in accordance with the formula set forth in section 6. 10 EXHIBIT "B" Expenses shall not include salaries or o~fice expenses of &ny county employees, ~ncludinq &n~f attorneys from the Office of County Counsel. 18. Amendments. Th~s Joint Powers Agreement say b~ &sanded at any t~me with the agreement of the majority of the members representing a majority of the population of the County, except as provide~ in 3(d). IN WITNESS WHEREOf, the parties hereto by their duly authorized representative, have affixed their hands on th~s day of 1990. ATTEST: Clerk of the Board BY President of the Board of Supervisors ATTEST: Clerk of the Town Council TOWN OF A'a~x~! BY Mayor ATTEST: Clerk of City Council CITY OF BELMONT BY Mayor 11 EXHIBIT "B" ATTEST: Clerk o~ City Council .! CITY OF BRISBANE BY ATTEST: CITY OF BURLI~ Clerk of City Council BY ATTEST: Clerk of Town Council BY Mayor ATTEST: CITY OF DALY CITY Clerk of City Council BY Mayor ATTEST: CITY OF EAST PALO ALTO Clerk of City Council BY mayor ATTE ST: CITY OF FOSTER CITY Clerk of City Council BY Mayor L 12 EXHIBIT ATTEST Clerk of City Council ATTEST .. Clerk of City Council ATTEST Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST Clerk of City Council CITY OFHALFM~Y BY Mayor CITY OF HI~ BY CITY OF MENLO PARK BY Mayor CITY Off NI~ BY CITY OF PACIFICA BY CITY OF I~)RTOLA VALLEY BY Mayor 13 EXHIBIT "B" ATTEST .' Clerk o: ATTEST: Clerk ATTEST Clerk ATTEST Clerk ATTEST Clerk ATTES= Clerk JPA11 City Council City Council City Council )f City Council City Council of the Town Council CIT~ Or ~WO00 CITY BY ' , ~ Mayor CITY OF SAN BRUNO BY Nayor CITY Of SAN CARLOS BY Mayor CITY OFF SAN BY Mayor CITY OF SOUTH SAN FRANCISCO BY Mayor TOWN Ofk~ODSIDE BY Mayor 14 EXHIBIT "B" Prelimin&ry Popul&=ion Count Jurisdiction San Mateo Daly City Redwood City Sou~h San Francisco San Ma=eo County San Bruno Pacifica Menlo Park Foster city Burlingame San Carlos Belmont Millbrae Hillsborough Half Moon.Bay Ather~on Woodside Portola Valley Brisbane Colma Population 94,829 91,209 65,261 53,090 46,682 39,023 37,036 28,412 28,121 26,72~ 25,706 23,659 21,808 20,182 10,609 8,409 6,700 4,833 4,319 2,g37 1,024 593,894 46,682 640,$76 EXHIBIT "B"