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HomeMy WebLinkAboutReso 247-1985 RESOLUTION NO. 1247-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AGREEMENT AMENDING THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND THE CiTY OF SOUTH SAN FRANCISCO OYSTER POINT MARINA WHEREAS, the San Mateo County Harbor District, a political subdivision of the State of California, and the City of South San Francisco, a municipal corporation, entered into an agreement effective as of 12:01 a.m. on November 11, 1977, and executed on October 21, 1977iby the City of South San Francisco and on October 24, 1977 by the San Mateo County Harbor District, providing as therein set forth for the development, operation and maintenance of the Oyster Point Marina; and WHEREAS, the parties desire to amend said Joint Powers Agreement as set forth in the document entitled "Second Agreement Amending Joint Powers Agree- ment", a copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval. The City Council hereby approves th~ Second Agreement Amending the Joint Powers Agreement, a copy of which is ittached hereto as Exhibit "A". 2. Execution. The Mayor of the City of South San Francisco is authorized to execute said agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing ResOlution was regularly introduced and ~nd adopted by the City Council of the City of South San Francisco at a regular meeting held on the 27th day of November , 19 85 , by the following vote: AYES: Council~members Mark N. Addiego, Joh~ "Jack" Drago, Gus Nicolopulos; and Roberta Cerri Teglia NOES: No~e ABSENT: Councilmember Richard A. Haffey -2- EXHIBIT "q' TO RESOLUTIQN NOS.247-85 & RPD-7 ADOPTED N~wmher 27 , 19 F~ SECOND AGREEMENT AMENDING JOINT POWERS AGREEMENT THIS SECOND AGREEMENT amending the JointlPowers Agreement by and between the SAN MATEO COUNTY HARBOR DISTRICT (hereinafter referred to as "DISTRICT") and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter referred to as "CITY") is made and entered imto as of this 27th day of November , 19 85 . WITNESSETH: WHEREAS, on October 24, 1977, the parties hereto entered into a Joint Powers Agreement (hereinafter "Agreement) for the p~rpose of repairing and/or replacing the existing Marina facilities at Oyster Point and expanding said facilities as described therein, and for the purpose of '~ perm~ing the DISTRICT to rehabili- tate, manage, maintain and operate said existing Marina and construct, manage, maintain and operate the future Marina DevelOpment at Oyster Point; and WHEREAS, said Agreement was amended on OCtober 11, 1979; and WHEREAS, said Agreement and amendment thereto required the establishment of a POLICY BOARD consisting of five (5) memberis and charged said Board with the responsibility for making recommendations toi the CITY and DISTRICT on all matters of policy relating to the construction, openation, management and maintenance of OYSTER POINT MARINA/PARK and required said Board to exercise certain other powers specifically delegated to it; and WHEREAS, the parties hereto desire to again amend said Agreement to restructure the POLICY BOARD and exorcise its delegated ipowers; NOW, THEREFORE, it is agreed: Paragraph 4 amended. Paragraph 4 of the Agreement is hereby amended to read as follows: "4, LIAISON GROUP To facilitate the accomplishment of ~he purposes of this Agreement, discussions shall be regularly held between the DISTRICT and the CITY by appointment by each body of irepresentatives to a LIAISON GROUP, consisting of two (2) membersl who shall be Council Members from the City of South San Francisco, appointed by said Council and two (2) members who shall be HARBOR iCOMMISSIONERS, appointed by the BOARD OF HARBOR COMMISSIONERS, each ito serve at the pleasure of his or her respective agency. Each member of said LIAISON GROUP shiall serve without compensation, but shall be reimbursed actual and necessary expenses from the revenues from said OYSTER POINT MARIiNA/PARK. Said GROUP shall have responsibility for reporting to the lCIT¥ COUNCIL and HARBOR COMMISSION on all matters of policy relating ta the construction, operation, management, and maintenance of the QYSTER POINT MARINA/PARK, and such other powers, if any, as are specifi!cally delegated to the GROUP by the DISTRICT and the CITY. The primary i. purpose of said GROUP is not to be an advisory body, nor is it to present recommendations to either party. It is constituted solely as a means ifor direct communications, exchange of ideas and reports of plans between the DISTRICT and the CITY. The chief administrative officer, the atitorney and engineer of the DISTRICT shall serve as staff to the LIAISON GROUP on all matters involving the DISTRICT'S responsibility and the chief administrative officer, the attorney and engineer of the CITY shall serve as staff to the GROUP on all matters involving the CITY'S responsibility. Compensation for each staff person shall be the responsibility of the primary employer of said person, but said salary shall be considered as part of the expenses of the OYSTER PARK MARINA/PARK incurred for the maintenance and operation to be reimbursed from operating revenues, pursuant to Paragraph 12 hereof." 2. Paragraph 5 amended. The last sentence of Paragraph 5 of ithe Agreement is hereby amended to read as follows: "However, pursuant to this Agreement, ultimate financial responsibi- lity rests with the HARBOR DISTRICT and for this reason, if there is disagreement between the CITY and ~he DISTRICT as to the manner in which the project will be constructed, managed, maintained or operated, the final decision as to said matters Shall be made by the BOARD OF HARBOR COMMISSIONERS of the SAN MATEO COUNTY HARBOR DISTRICT." 3. Paragraph 6 amended. Paragraph 6 of the Agreement is hereby amended to read as follows: "6. METHOD BY WHICH CONSTRUCTION PHASES OF THE PROJECT WILL BE ACCOMPLISHED (a) Plans and Specificationsi: The project may be constructed in three initial phases as set forth !in the Agreement between CITY and the former State of California Department of Navigation and Ocean Develop- ment ("DNOD") dated September 8, ~975, the proposed Master Plan (as amended), and the OYSTER POINT MARINA/PARK Specific Plan adopted by the CITY on September 21 , 1983, and as said Specific Plan may be amended from time to time. The DISTRICT has already contracted with engineers for the preparation of proposed project plans and specifications. Plans and specifications for the proposed project have been prepared under the supervision and direction o!f the DISTRICT and paid for by the DISTRICT from DISTRICT funds or l!oan funds received from DNOD'S successor, the State of California DEpartment of Boating and Water- ways ("CAL-BOATING"). Upon completion of said plans and specifica- tions, and for any future plans and ~pecifications, the same shall be reviewed and approved by the BOARD OF HARBOR COMMISSIONERS of the HARBOR DISTRICT and the CITY COUNCILiof the City of South San Francisco. (b) Award of Contract: Upon review and iapproval of said plans and specifications by the DISTRICT and CITY Staffs and the govern- ing bodies of each of said agencies, subject to Paragraph 6 (a) above, the DISTRICT shall call for competitive bids~ The contract shall be awarded by the DISTRICT to the,~,~o~ ~ ...... ~ respor..sive and responsible bidder. (c) Construction. Construction of said work of improvement shall be under the supervision and direction of the DISTRICT. The engineers of the DISTRICT shall consult with engineers for the CITY during the construction process. The engineers of the CITY shall have access to the construction site, the power to inspect the same during the course of construction, and upon request shall be furnished all plans and speci- fications prepared by the DISTRICT for their review and comment. (d) Project Site: The said project shall be constructed partially on lands owned in fee by the CITY and partially on tidelands and sub- merged lands and nothing set forth herein shall be construed as vesting any ownership in any of said lands in the HAi~BOR DISTRICT." -4= 4. Paragraph 7 (b) amended. The last sentence of Paragraph 7 (b) Of the Agreement is hereby amended to read as follows: "In the event that said employees fail to perform their services and duties adequately and in accord with personnel requirements of the CITY, said employees may be discharged in accordance with the person- nel rules and procedures of the CITY at the request of the DISTRICT." 5. Paragraph 9 amended. Paragraph 9 of the Agreement is hereby amended to read as follows: "9. LEASES DISTRICT may lease all or any portion of the existing marina, the lands within the project site or the project as completed, to private developers and/or public agencies subject to the approval of CAL-BOATING and the CITY. The revenues from any such )ease or leases shall be considered as operating revenues." 6. Paragraph 10 amended. Paragraph 10 of the Agreement is hereby amended to read as follows: "10. ACCOUNTING RECORDS (a) DISTRICT shall maintain account books and financial records to show the revenues and expenses of the OYSTER POINT MARINA/PARK. Said records shall prorate expenses of the DISTRICT where said expenses are attributable in part to other DISTRICT functions. Said prorations shall be subject to review by the CITY. °5- (b) CITY shall maintain account book~ and records to show the ex- penses to the CITY for providing municipal services to said project. Said records shall prorate expenses where said expenses are attributable in part to other CITY functions. Said proration~ shall be subject to review by the DISTRICT. (c) DISTRICT shall render a semi-annUal report concerning the finan- cial affairs of the OYSTER POINT MARINA/PARK." 7. Paragraph 11 amended. The first sentence of Paragraph 11 of said Agreement is hereby amended to read as follows: "DISTRICT shall maintain minimum insurance required by CAL-BOATING in accord with the Agreement with said A~ency and such other insurance and in such amount as may be considered n~cessary by the DISTRICT and the CITY." $. Paragraph 12 amended. Paragraph 12 of said Agreement is hereby amended to read as follows: "12. DIVISION OF REVENUE (a) Operating revenues received from the OYSTER POINT MARINA/PARK shall be used to repay loans from CAL~BOATING (formerly DNOD) including the existing loans, if any, to the cITY and the expenses and costs of management, operation and maintenance of the project. (b) Operating revenues in excess of those required for debt service and operating costs and expenses as provided above shall be held in a reserve account subject to the terms and provisions of the loan agreement with CAL-BOATING. After satisfactionlof the yearly requirements under the loan agreement with CAL-BOATING, and during the term of said agree- ment, with CAL-BOATING'S consent, said excess funds shall be held or disbursed as follows: -6- {1) The CITY and the DISTRiICI shall establish a reasonable depreciation schedule for the various elements of the project and a portion of such excess funds shall be deposited in an account with a financial institution or invested in approved and authorized investments to be used as needed)to meet the cost and replacement in accordance with the said depreciation schedule~ Any income or profits from said fund or investments shall be added thereto. The maximum reserve to be so maintained shall be determined by the parties hereto. (2) The CITY shall be paid the sum of TWO HUNDRED FIFTEEN THOUSAND DOLLARS ($215,000.00) (the amount of the CITY'S investment in the existing MARINA from the CITY'S General Fund) less the amount to be paid CITY for personal property pursuant to to Paragraph 15. The DISTRICT shall be paid: (i) The amount of the DISTRICT'S capital investment in the completed project, (ii) TWENTY FIVE THOUSAND DOLLARS {$25,000.00) which was advanced to the CITY for planning purposes, (iii) The amount paid to CITY for personal property pursuant to Paragraph 15, and {iv) Sums advanced by the DISTRICT during the term of this agreement from its General Fund for loan service fees or maintenance and operation. A schedule for repayment of said items shall be developed by the parties hereto subject to modification from time to time. '7- CORPORATE ACKNOWLEDGMENT NO. 202 hth DECEHBER State of On this the ~ day of County of CALI FORN IA ) 19_85, before me, SAN MATE0 l $$' CHRISTINE A. DALE the undersigned Notary F.Jblic, personally appeared JEAN J. FLOCKS ~ personally known to me E3 proved to me on the basis of satisfactory evidence to be ~the per~on(~)who executed the within instrument as ~res i dent ~ or on beha}f of the corporation therein named, and acknowledged to me that the corporation executed it. . NATION ~ · 23012 Ventura Bird. · P.O. ~x ~25 · Woodland Hilla, Stateof CALIFORNIA County of SAN MATEO On this the 12th day of DECEMBER , 19_B5, before me JOSEPH N.FIGUEIREDO NOTARY PUBLIC personally a~Ppeared ROBERTA CERRI TEGLIA personally of satisfact this instrua of THE CITY and acknowl~ THE CITY OF nown to me (or proved to me on the basis ory evidence) to be the person who executed ent as MAYOR DF SOUTH SAN FRANCISCO dged to me that SOUTH SAN.FRANCISCO ,executed it. WITNESS my hand and official seal ,' Notary'~ Sigr~ature CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Su~ivision Acknowled~ent State of CALIFORNIA County of SAN MATEO On this thei 12th day Of DECEMBER , 1985, before me JOSEPH N. FIGUEIREDO NOTARY PUBLIC per~onall~ appeared ROBERTA CERRI TEGLIA per~ona11~ ~nown to me (o~ p~oved to me on the basis o~ satis~actor¥ evidence) to be the person who executed this instrument as EX OFF/CIO CHA[PJKAN OF SOUTH SAN FRANCISCO PARK RECREATION AND PARKWAY D~STRTCT and acknowledged to me that THE CITY 0F SOUTH SAN FRANCISCO .executed it. WITNESS my hand and official seal ! .., Notary'S Signature ~O~m~me~nq, ~Oe~CV ,Or POli~a[ Subdivigion Acknowledgment Any excess funds remaining shall be divided equally between the parties hereto. 9. Except as specifically provided for above, any reference in said Agreement or said Agreement amending the JointlPowers Agreement to POLICY BOARD or BOARD is hereby amended to read as follows: "LIAISON GROUP" 10. Except as specifically provided for above, any reference in said Agreement or said Agreement amending Joint Powers Agreement to DNOD is hereby amended to read as follows.' "CAL-BOATiNG" This change reflects the fact that the State of California Department of Navigation and Ocean 2evelopment haslbeen replaced by the State of Calif- ornia Department of Boating and Waterways. 11. Except as specifically amended herein, the terms and conditions of the Agreement and the Agreement amendingiJoint Powers Agreement shall remain unchanged and are hereby ratified and reaffirmed by the parties hereto. WITNESS WHEREOF, the oarties hereto, first being duly authorized, nave executed this Second Agreement amending Joint Powers Agreement as of the date and year first above written. ATTE ST: ATTEST: -8- SAN M&TEO COUNTY HARBOR DISTRICT SOUTH iSAN FRANCISCO PARK RECREATION AND PARKWAY DISTRICT v/~Ex Officfo Chairman