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HomeMy WebLinkAboutReso - CC - 049-1999RESOLUTION 49-1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE MAYOR TO EXECUTE THE JOINT POWERS AGREEMENT FOR THE CONTINUATION OF C/CAG AND CITY OF BURLINGAME MEMBERSHIP RESOLVED, by the City Council of the City of Burlingame that, WHEREAS, the City of Burlingame previously signed the joint Powers Agreement and is currently a voting member of C/CAG; and WHEREAS, the current Joint Powers Agreement forming C/CAG expires 12/1/99; and WHEREAS, the C/CAG Board of Directors unanimously recommends the continuation of C/CAG and approval of the Joint Powers Agreement; and WHEREAS, the purpose of C/CAG is to provide a cooperative, cost-effective means of responding to Countywide planning mandates from the State; and WHEREAS, C/CAG has effectively met its purpose in a cost-effective manner and compares favorably with similar agencies; and; WHEREAS, participation in C/CAG is beneficial to the City of Burlingame. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City Council is hereby authorized and directed to execute the Joint Powers Agreement for the continuation of C/CAG and City of Burlingame membership on behalf of the City Council subject to approval as to form by Legal Counsel. Mayor I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17`h day of May, 1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SPINELLI City Cler JOINT POWERS AGREEMENT Continuing Establishment of the City/County Association of Govenunents THIS AGREEMENT, by and between the COUNTY OF SAN MATEO (hereinafter referred to as "County") and those cities within the County of San Mateo who become signatories to this agreement (hereinafter referred to as "Cities" or "City" as the context requires), is made in light of the following recitals: A. The County and the Cities have authority to perform a variety of functions in their respective communities and desire to establish a City/County Association of Governments (C/CAG) within the County of San Mateo whereby the parties will prepare, review, adopt, monitor and facilitate implementation by the member agencies county -wide state mandated plans as specified in 3 (c) below. Local land -use decisions, except as they are affected by state -mandated county -wide plans, will remain solely within the cognizant local jurisdiction. B. The parties are authorized to contract with each other for the joint exercise of any common power pursuant to Government Code Sections 6500 through 6518. NOW, THEREFORE, the County and the Cities, in consideration of the mutual promises and agreements contained herein, AGREE AS FOLLOWS: 1. Establishment of City/County Association of Governments of San Mateo County. The parties hereby create an entity to be known as the City/County Association of Governments of San Mateo County (hereinafter referred to as "C/CAG") for the preparation, review, adoption, monitoring and facilitation of implementation by the member agencies of county -wide state mandated plans. C/CAG shall be an entity which is separate from the parties to this agreement and shall be responsible for the administration of this agreement. Except as provided herein, the debts, liabilities, and obligations of C/CAG shall be the debts, liabilities, and obligations of the entity and not the debts, liabilities, and/or obligations of the parties to this agreement. following: C/CAG shall have the power and is authorized to do any or all of the (a) To make and enter contracts; (b) To employ agents and employees; (c) To lease, maintain, manage, acquire, construct or operate any building, works or improvements; (d) To acquire, hold, or dispose of property; (e) To incur debts, liabilities, or obligations; (f) To sue and be sued in its own name; 2. Board of Directors. The Board of the City/County Association of Governments of San Mateo County (C/CAG) shall consist of a member of the City Council of each participating City to be selected by that City and one (1) member of the Board of Supervisors to be selected by the Board of Supervisors. Each City Council and the Board of Supervisors may select one (1) alternate member from its body who shall participate when the regular member is absent. In addition, there shall be two (2) non-voting ex -officio members: a representative of the C/CAG JOINT POWERS AGREEMENT (JPA) 2 REVISED: MARCH, 1999 San Mateo County Transit District Board of Directors selected by the Board of Directors and a representative of the San Mateo County Transportation Authority selected by the Authority. Additional Ex -Officio members may be established by Board action in accordance with the special voting procedures identified in 4 (c). Regular attendance by the designated representative or alternate at the C/CAG Board and Subcommittee meetings shall be encouraged by the C/CAG Board and member agencies. 3. Purposes and Activities. C/CAG is established to fulfill the following purposes operating through the Board of Directors for control, direction, and administration: (a) Plan, organize, and maintain the work of C/CAG and be responsible for its overall operation. (b) Advise City Councils and the Board of Supervisors of all significant activities of C/CAG. (c) Prepare, review, adopt, monitor and facilitate implementation by the member agencies the following state -mandated county -wide plans: (1) Congestion Management Plan (as the designated Congestion Management Agency including enforcing compliance with the Congestion Management Plan); (2) Integrated Solid Waste Management Plan (as the designated Local Task Force); (3) Airport Land Use Plan (as the designated Airport Land Use Commission); C/CAG JOINT POWERS AGREEMENT (JPA) 3 REvisED: MARCH, 1999 (4) Hazardous Waste Management Plan; (5) NPDES - Stormwater Management Plan. (d) Perform such additional county -wide planning activities as approved by or directed by two-thirds (2/3) of the members representing two-thirds (2/3) of the population of the County. Final adoption of any such plans shall only be after the plan has been introduced at a prior meeting held at least twenty-five (25) days earlier. (e) Perform any additional County -Wide activities as set forth in this agreement (Sections 20., 21., 22., and 23.). (f) Utilize and establish advisory subcommittees wherever necessary, including but not limited to: (1) Airport Land Use Committee (2) Congestion Management and Air Quality Committee (3) Congestion Management Plan (CMP) Technical Advisory Committee (4) Solid Waste Advisory Committee (Local Task Force) (5) Hazardous Waste Management Plan Advisory Committee (6) Bikeways and Pedestrian Advisory Committee (7) Finance Committee (8) NPDES Committee (9) NPDES Technical Advisory Committee Subcommittees may be established by Board action in accordance with the C/CAG JOINT PowERs AGREEMENT (JPA) 4 REv[SED: MARCH, 1999 special voting procedures identified in 4 (c). Subcommittee membership may include persons who are not members of the Board of Directors, including other elected officials or public members. (g) Adopt By-laws and such other rules of procedure as may be deemed necessary. The duties, responsibilities or obligations of C/CAG, as set forth in this Agreement, are not intended, and shall not be interpreted, to expand or diminish any legal duties, responsibilities or obligations that any city or county member of C/CAG has, or may in the future have, under any provision of State or Federal law. Notwithstanding anything to the contrary in any other provision of this Agreement, C/CAG shall have no authority and/ or obligation to implement or enforce the provisions of any County -wide plan except when C/CAG is functioning as an agency specifically designated by state or federal law as having the authority and/ or obligation to implement or enforce such County -wide plan. 4. Voting Procedures. The parties intend to strive for consensus following full discussion but in the event consensus cannot be reached the following voting procedures shall be utilized. (a) A quorum shall consist of at least a majority of the voting members and shall be required for all meetings of C/CAG. (b) All decisions and actions shall be by majority vote of those present unless the decision involves the adoption of a county -wide plan or any one (1) member C/CAG JOINT PowERs AGREEMENT (IPA) 5 REVISED: MARCH, 1999 requests the use of the special voting procedures hereinafter set forth. (c) The special voting procedures shall be utilized upon the request of any one (1) member. Addition of Ex -Officio members to the Board, the establishment of Subcommittees, and the final adoption of county -wide plans shall require the special voting procedures. Special voting procedures shall be as follows: for a motion to be successful it must receive the votes of a majority of the members representing a majority of the population of the County. In determining the population of local governments, the population shall be utilized as set forth in a resolution adopted by the Board of Directors pursuant to Section 19. 5. Budeet. The Board annually shall adopt, by a date C/CAG designates by resolution, an operating budget for C/CAG setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this agreement. C/CAG shall establish its fiscal year by resolution. Immediately after approving the annual budget, the Board shall recommend 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 the Board has no authority to bind any governing board to make the recommended contribution and/or appropriation and that this decision rests solely with each governing body. Each party shall deposit its monetary contribution to the budget with the C/CAG Treasurer on or before the date C/CAG designates by resolution. C/CAG JOINT POWERS AGREEMENT (JPA) 6 REVISED: MARCH, 1999 6. Contribution of Parties. In consideration of the mutual promises contained herein, the parties agree that they shall make the following annual contributions towards maintaining the program of 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 Directors. The pro -rata share of each agency shall be based upon its population as set forth in a resolution adopted by the Board of Directors pursuant to Section 19. By use of the special voting procedures under special circumstances the Board of Directors may waive contributions. If a member fails to pay its annual contribution, it shall forfeit its voting rights as provided in Paragraph 10 and there shall be no further recourse against it for nonpayment. 7. Treasurer. The Board of Directors shall select a Treasurer from one of its member entities who shall be the depository and have custody of all the money and property of C/CAG from whatever source. The duties of the C/CAG Treasurer shall include those set forth in the Government Code Section 6500 et seq., Joint Exercise of Powers. 8. Controller. The Board of Directors shall select a Controller from one of its member entities who shall perform the functions of auditor and/or controller for C/CAG. The duties of the C/CAG Controller shall include those set forth in Government Code Section 6500 et seq., Joint Exercise of Powers. C/CAG JOINT POWERS AGREEMENT (JPA) 7 REVISED: MARCH, 1999 9. Staffine. It is understood that C/CAG may require the support of its own administrative staff. When deemed necessary, the Board of Directors may employ an Executive Director. The Board shall have responsibility for all employment decisions regarding said Executive Director who shall serve at the pleasure of the Board of Directors. The Executive Director shall be responsible for the day-to-day administration of C/CAG under the direction of the Board of Directors. The Executive Director shall seek advice and assistance from the Administrators' Advisory Committee. The Executive Director shall have the authority to employ administrative staff consistent with the approved budget of 147LNTO There shall be an Administrators' Advisory Committee. The Committee will be advisory to the C/CAG Board of Directors and Executive Director to assist them to most effectively accomplish the objectives of C/CAG by giving advice on agenda matters, monitoring outcomes of activities, assisting with identifying and allocating resources, and communicating with all members. The Committee members shall be: the City Managers from cities that contract staff to C/CAG, the County Manager, the General Manager of SamTrans, one (1) City Manager appointed by the City Managers' Association, and, the Chair and Vice -Chair and Legal Counsel of C/CAG as ex -officio members. Committee Chairs and staff who have items for discussion at the Committee will be invited to participate. The definition and membership of this Committee may be revised by Board action in accordance with the special voting procedures identified in 4 It is understood that C/CAG may employ personnel, utilize existing County, SamTrans or City staff, or retain professional consultants to perform any necessary staff work in C/CAG JOINT POWERS AGREEMENT (JPA) 8 REVISED: MARCH, 1999 meeting its goals and objectives. It is further understood that no County, SamTrans or City staff will be utilized without the consent of the employing agency. 10. Withdrawal. Any party may withdraw from this agreement by filing written notice of intention to do so with the Chair of the governing board by September 30th of each year, or by another date C/CAG designates by resolution. The rights and obligations of such party shall terminate at the end of the fust full fiscal year for which the withdrawing party has made its contribution following such notice having been given. The withdrawal of any party from this agreement shall in no way affect the rights and obligations of the remaining parties. If a party withdraws from this agreement, such party shall not be entitled to the return of any funds contributed to C/CAG nor to the return in cash or in kind of any materials or supplies until termination of this agreement. If a party fails to make its contribution in accordance with Section 6 of this agreement, that agency shall forfeit its voting rights during the period of such non- payment. However, if one of the Cities or the County wishes to rejoin after forfeiting its membership by non-payment of its contribution, it may do so by paying the designated amount. 11. Termination and Disposition of Property. This agreement shall be deemed terminated when the number of Cities participating in this agreement contain less than a majority of the population of the County, or are fewer than eleven (11) in number. Upon termination, equipment and all other assets shall be distributed to the parties hereto in proportion to the contributions of the parties during the life of C/CAG including distribution to parties which may have withdrawn at an earlier date. Upon termination, any surplus money on hand shall be C/CAG JOINT POWERS AGREEMENT (JPA) 9 REVISED: MARCH, 1999 returned to the parties in proportion to the contributions of the parties during the life of C/CAG including distribution to parties which may have withdrawn at an earlier date. 12. Effective Date/Termination Date. This agreement shall be effective on July 1, 1999, or upon its execution by the County and by at least eleven (11) cities representing the majority of the population of the County, whichever is later. This agreement shall automatically terminate on December 1. 2003, unless renewed in writing by the County and by at least eleven cities containing a majority of the population of the County UQon such termination the provisions of Sections 10 and 11 apply. 13. Meetings. Monthly meetings of the C/CAG Board of Directors shall be held in accordance with the Brown Act, Government Code Section 54950 et SM. 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 Agreement. Pursuant to Government Code Section 6503.5, C/CAG shall, within thirty (30) days after the effective date of this agreement, cause a notice of the agreement to be prepared and filed with the Office of the Secretary of State. 15. Other Associations. Participation in C/CAG is not intended to preclude member entities from entering into similar agreements with other jurisdictions. C/CAG JOINT PowERs AGREEMENT (JPA) 10 REVISED: MARCH, 1999 16. Leval Counsel. Unless the Board of Directors determines otherwise, the County Counsel shall serve as legal counsel to C/CAG and provide all routine legal advice and service necessary including attendance at Board of Directors meetings. 17. Insurance. The County shall add C/CAG to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of this agreement. Said excess liability insurance coverage has a $250,000 self-insured retention by the County. Unless the Board of Directors decides otherwise, County shall provide for the defense of any claims or litigation within the $250,000 self-insured retention. Legal representation by the County will ordinarily be provided by the Office of the County Counsel. Any out-of-pocket expenses or loss, by way of judgment or settlement, arising out of the operation of this agreement, within the limits of the County's $250,000 self-insured retention shall be shared by the parties in accordance with the formula set forth in Section 6. Expenses shall not include salaries or office expenses of any county employees, including any attorneys from the Office of the County Counsel. 18. Amendments. This Joint Powers Agreement may be amended at any time with the agreement of the majority of the members representing a majority of the population of the County, except as provided in 3(d). 19. Adjustment of Population Figures. The Board of Directors shall establish by resolution the population figures to be utilized in determining the population of local C/CAG JOINT POWERS AGREEMENT (IPA) 11 REVISED: MARCH, 1999 governments under this agreement based on the results of the decennial federal census or population figures provided by the State Department of Finance, and may revise the population figures at any time by resolution. 20. Clean Air Vehicle Registration Fee Program. C/CAG shall serve as the overall program manager for the San Mateo County under Health and Safety Code Section 44241 for funds made available by the increase in motor vehicle registration fees that the Bay Area Air Quality Management District is authorized to levy under A.B. 434, (1991 Statutes, Chapter 807.) 21. Storm Water Discharge Plan and Permit. The City/County Association of Governments shall assume responsibility for the following activities under the National Pollutant Discharge Elimination System (NPDES) Program (40 CFR 122): (a) Ratify submission of a county -wide storm water discharge permit application and accept permit on behalf of the County and Cities in the County, as co - permittees. (b) Prepare preliminary draft and final draft storm water management plan describing existing activities the County and Cities are conducting to help minimize the discharge of pollutants to storm water, describing new pollution measures that will be undertaken during the initial five year period of the NPDES permit, and containing other matters C/CAG determines are necessary or desirable. (c) Identify and recommend alternatives for implementation of a revenue C/CAG JOINT Powers AGREEMENT (JPA) 12 REVISED: MARCH, 1999 program. (d) Enter into contracts with the County, the Cities, the County Flood Control District, and other entities to implement the revenue program and the storm water management plan. (e) Perform additional county -wide activities in connection with the NPDES program as set forth in the storm water management plan approved by, or as directed, by the Board of Directors. (f) Provide coordination and overall management of the NPDES program and advice to the County and the Cities on implementation. The County and each City shall be solely responsible for complying with NPDES permit conditions and all federal, state, and local laws and regulations, relating to discharges from the storm sewers in its jurisdiction and under its control. The County and each City shall defend, indemnify, and hold harmless every other party to this agreement, and its officers and employees, from all claims, suits, actions, fines, penalties, damages, or liability of every name, kind, and description arising in any way out of the negligent or intentional acts of that County or City in complying or failing to comply with NPDES permit conditions, and all federal, state, and local regulations applicable to that County or City. 22. Service Authority for Abatement of Abandoned Vehicles. C/CAG shall be the service authority for the abatement of abandoned vehicles under Vehicle Code Section 22710. C/CAG shall impose a service fee of one dollar ($1) on vehicles registered to an owner with an address in San Mateo County as authorized by Vehicle Code Sections 9250.7 and 22710. As C/CAG JOINT POWERS AGREEMENT (JPA) 13 REVISED: MARCH, 1999 provided in Vehicle Code Section 22710(b), C/CAG may contract and undertake any act convenient or necessary to carry out any law relating to its duties as the service authority. 23. Pro r@ ammine State and Federal Transportation Funds. C/CAG acting as the Congestion Management Agency shall be responsible for programming State and Federal Transportation Funds allocated to San Mateo County. These funds include but are not limited to State Transportation Improvement Program, Transportation Equity Act for the 21rst Century, and Transportation Development Act Article 3. IN WITNESS WHEREOF, the parties hereto by their duly authorized representative, have affixed their hands on this day of ATTEST: Clerk of the Board ATTEST: Clerk of Town Council COUNTY OF SAN MATEO by President of the Board of Supervisors TOWN OF ATHERTON by Mayor C/CAG JOINT POWERS AGREEMENT (JPA) 14 REVISED: MARCH, 1999 ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: of City Council ATTEST: of Town Council ATTEST: Clerk of City Council C/CAG JOINT POWERS AGREEMENT (JPA) 15 CITY OF BELMONT by CITY OF BRISBANE Mayor CITY OF BURLINGAME by Mayor TOWN OF COLMA by CITY OF DALY CITY by Mayor Mayor REVISED: MARCH, 1999 ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of Town Council ATTEST: Clerk of City Council CITY OF EAST PALO ALTO by CITY OF FOSTER CITY by CITY OF HALF MOON BAY by TOWN OF HILLSBOROUGH by CITY OF MENLO PARK by Mayor Mayor Mayor Mayor ClCAG JOINT POWERS AGREEMENT (JPA) 16 REVISED: MARCH, 1999 ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of Town Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council C/CAG Jousr PowERs AGREEMENT (JPA) 17 CITY OF MILLBRAE by Mayor CITY OF PACIFICA by Mayor TOWN OF PORTOLA VALLEY by. Mayor CITY OF REDWOOD CITY by Mayor CITY OF SAN BRUNO by Mayor REVISED: MARCH, 1999 ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clerk of Town Council F:\USERS\CCAG\WPDATA\JPA\1999\JPA99FIN 04/21/99 CITY OF SAN CARLOS by CITY OF SAN MATEO by. Mayor Mayor CITY OF SOUTH SAN FRANCISCO by Mayor TOWN OF WOODSIDE by Mayor C/CAG JOINT POWERS AGREIRAFNT (JPA) 18 REVISED: MARCH, 1999