HomeMy WebLinkAboutReso - CC - 108-19901
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RESOLUTION NO. 108-90
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME APPROVING TSM JOINT POWERS AGREEMENT
WHEREAS, the City Council of the City of Burlingame
desires to address the issue of traffic congestion and attempt to
mitigate the problem, and
WHEREAS, the cities of San Mateo, Foster City, Belmont,
San Carlos and Redwood City have formed a Joint Powers Authority
known as the Intercity TSM Authority (the Authority pursuant to JPA
Agreement, EXHIBIT A hereto, working together for the purpose of
mitigating traffic congestion through a traffic systems management
program (TSM), and
WHEREAS, the City of Burlingame desires to join said
Authority and become a participating member in furtherance of the
health, safety and welfare of the citizens of Burlingame.
THEREFORE, BE IT RESOLVED, that the City Council of the
City of Burlingame approves of the JPA Agreement, EXHIBIT A hereto
and agrees to be bound by the terms and conditions thereof.
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I hereby certify the foregoing to be a true, full and
correct copy of a Resolution duly passed and adopted by the City
Council of the City of Burlingame at a regular meeting thereof held
on the 20th day of August , 1990, by the following vote:
AYES, COUNCILMEMBERS: BARTON, HARRISON, 01MAHONY, PAGLIARO
e
NOES, COUNCILMEMBERS: NONE
ABSENT, COUNCILMEMBERS: LEMBI
ABSTAIN, COUNCILMEMBERS: NONE
VICE MAYOR ofthe CITY OF BURLINGAME
ATT
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CLERK7 THE CITY OF BUR .NGAME
BLRES635
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JOINT POWERS AGREEMENT ESTABLISHING THE
INTERCITY TSM PROJECT
THIS AGREEMENT, by and between those cities who become signatories to this
agreement (hereinafter referred to as 'the Cities• or 'City' as the context
requires), is made in light of the following recitals:
A. The Cities have authority to perform traffic systems management
efforts in their respective communities and desire to establish an Intercity TSM
project within their boundaries whereby the parties will work together to reduce
the number of vehicles traveling on streets and highways.
B. The parties are authorized to contract with each other for the joint
exercise of any common power purusant to Government Code Sections 6500 through
6518.
NOW, THEREFORE, the Cities, in consideration of the mutual promises and
agreements contained herein, AGREE AS FOLLOWS:
1• Purpose. The Cities are entering into this agreement for the sole
purpose of operating an Intercity TSM Program, whereby the Cities will work
together to mitigate traffic congestion by actions designed to reduce the number
of single occupant vehicles.
2. Establishment of Initerrity TSM Preiect. The Cities hereby create
an agency or entity to be known as the Intercity TSM Project (hereinafter
referred to as •Project•). The Project shall be an agency or entity that is
separate from the Cities and shall be responsible for the administration of this
agreement. Except as provided herein, the debts, liabilities, and/or obligations
of the Project shall be the debts, liabilities, and/or obligations of the Project
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and not the debts, liabilities, and/or obligations of the Cities to this
agreement.
3• Term. This agreement shall be effective upon its execution by the
Cities. This agreement shall continue in effect until terminated as provided_
herein.
4. Board of Directors. Each participating City shall appoint one
Councilmember to serve on the Board of Directors for a three year term. The
terms shall be staggered and are to be set permanently by the drawing of lots
at the first Board meeting, with some members serving reduced original terms.
The Board shall elect one of its members to serve as Chairperson. The Board
shall meet as needed, but at least quarterly, and shall serve as a liaison with
the Advisory and Appeals Committee and the Supervisory Committee, shall work to
maintain the uniformity of the ordinances adopted by each participating City,
shall review the Project's progress and accomplishments, and shall resolve
intercity problems hindering the success of the Project. Also, the Board shall
be authorized to call up, review and uphold/reverse any decision made by the
Advisory and Appeals Committee. Decisions of the Board shall be final.
5. Advisory and Anneals Committee. This Committee shall have members
appointed as follows: One representative from the business community appointed
by each City Council, one member appointed by the San Mateo Economic Development
Association and one member appointed jointly by the Chambers of Commerce in the
participating cities. Members shall serve presumptive three-year terms, although
each shall serve at the pleasure of their appointing authority. The terms shall
be staggered and are to be set permanently by the drawing of lots at the first
Committee meeting, with some members serving reduced original terms. The
Committee shall elect one of its members to serve as Chairperson. This Committee
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is mainly concerned with encouraging compliance with TSM program requirements.
This includes recommending program improvements
to the Supervisory Committee and holding hearings and making rulings on appeals
of staff findings of non-compliance.
6. Supervisory Committee.
The city managers shall serve as the
Supervisory Committee of the Intercity TSM Project. Each Manager may appoint
someone to cast his/her vote as a proxy, should Manager attendance not be
possible. This Committee is responsible for monitoring the operation and
achievements of the Project. making recommendations for changes where it deems
necessary.
7. Budget. The Supervisory Committee annually shall prepare, with the
advice of the Advisory and Appeals Committee, an operating budget for the Project
setting forth anticipated expenses, financing sources and proposed service levels
necessary to carry out the purposes of this agreement.
Immediately after approving the annual budget, the Supervisory Committee shall
recommend the budget to the governing body of each participating City, for
approval. The budget shall be approved after each participating City approves
it.
8. Staff of the Project. A Supervisory Committee member designated by
the full Committee shall appoint staff for the Project, as needed, provided that
such hirings conform to the approved budget. The Project Coordinator appointment
shall take effect only upon the approval of the Supervisory Committee. In lieu
of staff, the Supervisory Committee may contract for service, provided that such
contracts conform to the approved budget. Staff or contractors will be
employee(r) or contractee(s) of the Project. Staff or contractee(s) will serve
at the pleasure of the designated Supervisory Committee member.
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9. Treasurer and Cont*Aller. The City Treasurer of the designated
Supervisory Committee member's City shall be the depository and have custody of
all the money and property of the Project, from whatever source. The City
Controller of the designated Supervisory Commitee member's City shall perform
the functions of Auditor or Controller for the Project.
10. Withdrawal. Any participating City may withdraw from this agreement.
by filing written notice of intention to do so .with the other cities.
Termination will take effect on July 1 of any year, provided there is at least
six months advance notice. The withdrawal of any party from this agreement shall
in no way affect the rights and obligations of the remaining Cities. If a City
withdraws from this agreement, it is not entitled to the return of any funds
contributed to the Project nor to the return in cash or in kind of any materials
or supplies contributed. Withdrawing cities still are obligated for all payments
due from them for the fiscal year of the withdrawal.
11. Termination and Disposition of Property. This agreement shall be
deemed terminated when only one City continues to participate, or when all
participating Cities choose to terminate it. Upon termination, all assets shall
be distributed in equal shares to the Cities still active at the time of
termination or to the one City continuing to participate.
12. Amendment. This agreement may be amended from time to time with the
written consent of the participating Cities.
13. Liability for Workers' Compensation Insurance. The Project is
responsible for all Workers' Compensation and for all Liability Insurance for
its operation. No participating City will be liable for Workers' Compensation
claims or for Liability Insurance claims because of its participation. Project
shall defend participating cities against any and all Workers' Compensation or
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Liability Insurance claims, at Project's sole expense. Project shall hold
participating Cities harmless from any and all damages and claims for damages
arising from the operation of this program, at Project's sole expense.
IN WITNESS {THEREOF. the parties hereto by their duly authorised
representatives. have affixed their hands on this 14th day of
March -12Mi989
ATTEST: F BELMO
B�
Clerk City council ! yor
ATTEST: �0
.
Clerk of City council
ATTEST:
C.
C14tK o V
i LyCXouncil
ATT T:
i of City couZyil
ATTEST:
Clerk o aty Council
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CITY QF POSTER CITY
QL
Mayor
CITYY OF REDWOOD CITY
BY t1�+eL 14. SCI
Mayor
CITY OF SAN CARLOS
By E - VVJ4r KLA
Mayor
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ACCEPTANCE OF JOINT POWERS AGREEMENT
THE CITY OF BURLINGAME hereby agrees to accept and be
bound by all of the terms and conditions of the above Joint Powers
Agreement, dated March 14, 1989, and attached as EXHIBIT A hereto.
ATTEST: CITY OF BURLINGAME
By:
/�2c
C k of City Coun Vice Mayor