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