HomeMy WebLinkAboutReso 51-2007
RESOLUTION NO. 5l-2007
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN AGREEMENT
WITH THE SAN MATEO COUNTY HARBOR
DISTRICT TO REIMBURSE THE DISTRICT FOR
COSTS OF MAINTAINING A NEW BREAKWATER
WALL AT OYSTER POINT MARINA, AS PART OF
OBTAINING APPROVAL FROM THE UNITED STATES
DEPARTMENT OF THE ARMY FOR THE NEW WALL
WHEREAS, the San Mateo County Harbor District ("District") and the City of South San
Francisco ("City") entered into a Joint Powers Agreement ("JP A") which expires on November
11,2026. Pursuant to the JP A, the District operates the Oyster Point Marina ("Marina"), which
is located in and owned by the City, on the City's behalf; and
WHEREAS, the District expects to enter into a Project Cooperation Agreement ("PCA")
with the Department of the Army in the near future for the removal of a portion of the existing
breakwater wall and construction of a new breakwater wall at the Marina (the "Improvements").
The District entered into the PCA with the Department ofthe Army as the Local Sponsor of the
application to construct the Improvements; and
WHEREAS, the PCA provides that the District, as the Local Sponsor, may at some time
in the future be responsible for maintenance of the Improvements for the remaining life of those
Improvements, which may be longer than the term of the JP A; and
WHEREAS, if the JP A terminates before the end ofthe life of the Improvements, and the
District and City do not renew the JP A, then the City will resume operational control of the
Marina, and the City, and not the District, will be collecting the revenue from the operation of the
Marina; and
WHEREAS, as a condition of allowing construction of a new breakwater wall, the Army
Corps requires the execution of a Reimbursement Agreement for Maintenance of the Oyster
Point Marina Breakwater Wall ("Reimbursement Agreement"), attached hereto as Exhibit A.
The Reimbursement Agreement would provide that, if the life of the Improvements extends
beyond the expiration of the JP A-at which time the City would resume operational control of
the Marina and collect revenue from the Marina's operation-and the JP A is not renewed, then
the City will reimburse the District, as the Local Sponsor, for any costs incurred in the
maintenance of the Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes the City Manager to execute the
Reimbursement Agreement.
" .........e.. "___..",".,^_".,,_,,.~. _.' ....._~~__~,_._'_.M_'.__~"_,_"'_~_.
*
*
*
*
*
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 l3th day of June
2007 by the following vote:
AYES:
Councilmembers Mark N. Addiego, Joseph A. Fernekes and Karyl Matsumoto,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
~~~.
Interim City Clerk