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HomeMy WebLinkAboutReso 38-1994 RESOLUTION NO. 38-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE AGREEMENT FOR AIRCRAFT NOISE MITIGATION WHEREAS, the City of South San Francisco ("City") and City and County of San Francisco ("Airport") entered into an Agreement for Aircraft Noise Mitigation on August 29, 1991; and WHEREAS, the City has determined that extensive planning and environmental evaluations were required to be performed prior to considering the actions set forth in the Agreement; and WHEREAS, the City approved a First Amendment to the Agreement for Aircraft Noise Mitigation on April 8, 1992; and WHEREAS, the City approved a Second Amendment to the Agreement for Aircraft Noise Mitigation in May, 1993; and WHEREAS, the City may not be able to complete the above stated evaluations within the time frame set forth in the Second Amendment to Agreement for Aircraft Noise Mitigation; and WHEREAS, the City anticipates that said evaluations will be completed not later than July 25, 1994 and said evaluations will potentially require the expenditure of an additional Fifty Thousand Dollars ($50,000.00); and WHEREAS, the Airport staff have agreed to recommend approval of the extension until July 25, 1994 and have also agreed to recommend an increase in the budgeted amount by Fifty Thousand Dollars ($50,000.00), with said amount to be chargeable against the proceeds of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby resolves as follows: 1. The "Third Amendment to the Aircraft Noise Mitigation" attached hereto as Exhibit "A" is hereby approved. 2. The City Manager is hereby authorized to execute the subject amendment and any related documents necessary to accomplish its purpose. 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 13th day of April , 1994 by the following vote. AYES: Councilmembers Jack Drago, John R. Penna, Roberta Cerri TeQlia, Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT None Air~raft. Agt EXHIBIT A TO RESOLUTION NO. 36-~4 THIRD AMENDMENT TO AGREEMENT FOR AIRCRAFT NOISE MITIGATION THIS THIRD AMENDMENT TO AGREEMENT FOR AIRCRAFT NOISE MITIGATION ("Third Amendment") is made as of April , 1994, by and between the City and County of San Francisco, a California municipal corporation ("San Francisco"), acting by and through the San Francisco Airports Commission ("Commission"), and the city of South San Francisco, a California municipal corporation ("South San Francisco"). San Francisco and South San Francisco are occasionally referred to herein as the "Parties." RECITALS This Third Amendment is made with reference to the following facts: A. The Parties entered into that certain Agreement for Aircraft Noise Mitigation dated August 29, 1991 (the "Agreement"). B. The Parties previously entered into a First Amendment To Agreement For Aircraft Noise Mitigation ("First Amendment") as of April 1992. C. The Parties previously entered into a Second Amendment to Agreement for Aircraft Noise Mitigation ("Second Amendment") as of May 1993. D. South San Francisco has been unable to complete the Actions (as defined in the Agreement) required under the Agreement within the time period provided by the Agreement, the First Amendment, and the Second Amendment. E. South San Francisco has incurred and will incur certain costs in connection with performance of the Actions, including, without limitation, the completion of an Environmental Impact Report and preparation of related planning documents, which are greater than contemplated in the First and Second Amendments. F. South San Francisco has adopted and maintains in force an interim building and zoning ordinance ("Interim Ordinance") prohibiting the issuing of permits or processing of applications for noise sensitive land uses east of U.S. Highway 101. G. In view of these facts, San Francisco is prepared, on and subject to the terms of this Third Amendment, to grant to South San Francisco additional time beyond that contemplated in the First and Second Amendments to complete the Actions and to reimburse South San Francisco for certain costs associated with the performance of the Actions in excess of the amount provided in the First and Second Amendments, upon the satisfaction of certain conditions. H. The Parties agree that it is appropriate that all such reimbursement (under either the First, Second, or Third Amendments) be funded from monies set aside by the Commission for the Contribution Fund (as defined in the Agreement) and that the amount of funds otherwise available from the Contribution Fund be reduced by the funds applied to such reimbursement. I. Accordingly, the Parties desire to amend the Agreement and First Amendment, and the Second Amendment upon and subject to the terms, covenants and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the Agreements of the Parties herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: 1. As used herein, terms shall have the same meanings as in the Agreement, except as provided herein. 2. Section II.A.2. on page 11 of the Agreement is hereby deleted and the following substituted therefor: South San Francisco shall complete all of the Actions by July 25, 1994. 3. Subdivision 5.-1. is amended to read as follows: The aggregate sum of $550,000 shall be disbursed to the City as follows: a. $125,000, which was paid upon the execution of the Second Amendment by all Parties. b. $125,000, which was paid on or about June 1, 1993. c. $125,000, which was paid on or about September 1, 1993. d. $175,000, which will be paid upon satisfaction of the following conditions precedent: 1o South San Francisco shall certify and adopt a final Environmental Impact Report relating to the Actions pursuant to the California Environmental Quality Act, Cal. Pub. Resources Code, Section 21000 et seq. 2 ii. South San Francisco shall provide San Francisco with a request for reimbursement containing detailed records and receipts of all costs actually incurred by South San Francisco in connection with the performance of the Actions for which South San Francisco desires reimbursement. 4. The Reimbursement shall be funded solely by the Contribution Fund. San Francisco shall have no obligation to fund the Reimbursement by any other method. 5. Ail funds withdrawn from the Contribution Fund for the Reimbursement shall reduce the amount of funds otherwise available in the Contribution Fund. San Francisco shall have no obligation to replenish or add to the Contribution Fund. 6. South San Francisco shall repay San Francisco for all amounts paid to South San Francisco for the Reimbursement and all costs and expenses (including attorneys fees and courts costs) incurred by San Francisco associated with the Reimbursement, plus interest as determined under Section III.B.1 of the Agreement, immediately if South San Francisco approved, permits, or fails to prevent a new Noise-Sensitive Land Use (as described in Exhibit C to the Agreement) in the East Freeway Land Area (as described in Exhibit B to the Agreement) within three (3) years of the final adoption of the Interim Ordinance. 7. South San Francisco acknowledges that, pending completion of a Final Environmental Impact Report relating to the Actions, it would be inappropriate and inconsistent with the requirements of law to approve of any plan, use, or development contemplating any Noise-Sensitive Land Use in the East Freeway Land Area. 8. The "effective date" of this Third Amendment shall be the date first written above, April , 1994. 9. Except as specifically modified hereinabove, the Agreement, the First Amendment, and the Second Amendment are hereby ratified and confirmed in all respects. IN WITNESS WHEREOF, San Francisco and South San Francisco have executed this Third Amendment as of the date first above written. CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation, acting by and through the San Francisco Airports Commission By: Its: APPROVED AS TO FORM: City Attorney, San Francisco CITY OF SOUTH SAN FRANCISCO, a California municipal corporation, By: Interim City Manager APPROVED AS TO FORM: city Attorney, South San Francisco