HomeMy WebLinkAboutReso 33-1992 RESOLUTION NO. 33-92
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE FIRST AMENDMENT
TO 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 are required to be performed prior to
considering the actions set forth in the Agreement; and
WHEREAS, the City will not be able to complete the above-
stated evaluations within the time frame set forth in the August
29th Agreement; and
WHEREAS, additional time is required to complete the subject
evaluations; and
WHEREAS, the City and Airport have agreed that the costs
incurred in preparing the necessary documentation to effectuate the
Agreement should be chargeable against the proceeds of the
Agreement; and
WHEREAS, the First Amendment to Agreement for Aircraft Noise
Mitigation grants an additional 15 months to complete the necessary
planning and environmental documents and provides for reimbursement
of up to $500,000.00 to the City for costs incurred in preparing
such documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of South San Francisco does hereby resolve as follows:
1. The "First Amendment To Agreement For Aircraft Noise
Mitigation" attached hereto as Exhibit "A" is hereby approved.
2. The City Manager is hereby authorized to execute the
subject kmendment 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 8th day of
April , 1992 by the following vote.
AYES: Councilmembers Jack Dra~qo, Joseph A. Fernekes, and Roberta
Cerri Teglia
NOES: Mayor John R. Penna
ABSTAIN: No ne
ABSENT: C0unci]member Gus Nic0]0pu]0s
ATTEST: _/~~. ~~
City Clerk~/
RESOLUTION NO. 33-92
FXP~T ~M~I~ 1~ AGRE~[E2q~ FOR
AX~C~Jd~ #OXSE #XTXGATXOI~
THIS FIRST AMENDMENT TO AGREEMENT FOR AXRCRAFT NOXSP-
MITIGATION ("First Amendment") ia made as of April _._,
1992, by and between the City and County of San Francisco, a
California municipal corporation ("San Francisco"), acting
by ard 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 Sen Francisco are occasionally
referred to herein as the "Parties.-
RECXTAL~
This First Amendment is made with reference to the
following facts:
A. The Parties entered into chat certain Agreement
for Aircraft Noism Mitigation, dated as of August 29, 1991
(the "Agreement").
9. South San Francisco has been unable to complete
the Actions (as defined in tie ~qreement) required under the
A~reement with£n tile time period provided bM the Agree~nt.
C. South San Francisco desires additional time to
complete the Actions; particularly in order ~o perform
environmental review and planning evalumtione beyond those
origi~all¥ contemplated in the A~reement.
D. South San Francisco will incur certain costs in
connection with performance of the Actions, including,
without limitation, tie completion of an Environment Impact
Report: and preparation of related planfltng documents.
g. South San Francisco has adopted an interim
build=rig and zoning ordinance (#~nterim Ordinance~)
prohibiting the issuing of permits or processing of
applications for noise sensitive land uses east of
U.S. Flghwa¥ 101, and may extend such Xnterim Ordinance for
afl aggregate period of two (2) years.
F. In view of these facts, San Francisco is
prepared, on and subject to the terms of this First
Amendment, to grant to South San Francisco additional time
to complete the Actions and to reimburse South San Francisco
for certain costs associated with the performance of the
Acetate, upon the satisfaction of certain conditions.
G. The ParOLes agree that it is appropriate Chat
such reimbursement be funded from monies set aside by the
Co~mission 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.
H. Accordingly, the Parties desire to amend the
Agreement upon and subject to the terms, covenants, and
co~ditions hereinafter set forth.
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. TAe phrase "at its sole expense" in the first
sentence of Section II.A.l.c on page lO of the Agreement is
hereby deleted.
3. 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 within fifteen (15) mon~hs of the date
of the effective date of the First Amendment,
as defined in the First Amendment.
4. Notwithstanding any~hin~ to the contrary
contained in the Agreement and subject to Paragraph 5 of
this First Amendment, San Francisco shall reimburse South
San Francisco for all reasonable costs actually incurred by
$ou3~ San Francisco and not otherwise paid or reimbursed in
connection with the performance of the Actions, including,
without limitation, ~he completion of an environmental
revie~ and preparation o{ documents required thereby (the
,,Reimbursement-), up to an aggregate amount of Five Hundred
Thousand Dollars ($500,000.00), upon satisfaction of l~he
following conditions precedent:
(a) South San Francisco shall certify and
adopt a final Environmental Impact Report relating to ~he
Actions pursuant to the California Environmental ~uality
Act, Cal. Pub. Resources Code, Section 21000 e~ seq.
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(b) South San Francisco shall provide San
Francisco with & 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 ~h~ch $out~ San Francisco desires
(c) South San Francisco shall diligently
apply for federal grants under the Aviation Safety and ~o~se
Aba~ement Act of 1979, 49 U.S.C. Section 2101 e~ seq., and
al~ other appropriate statutes for re£nbursement ~or costs
assoc£a~ed with the performance of the Acttona. South San
Francisco shall reimburse San Francisco for ~he amoun~
awarded under such federal grants up ~o the amount paid to
South San Francisco for the Reim~ursement.
5. The Reimbursement shall be funded solely by
the Contribution Fund. San Francisco shall have no
obligation to fund the Reimbursement by any other method.
6. All funds withdrawn from ~he Contribution Fund
for the Reimbursement shall reduce the amoun~ of funds
otherwiae available tn the Contr£button Fund. San Franc£sco
sh&ll have no obligation to replenish or add to t~e
contribution Fund.
7. South San Francisco shall repay San Francisco
for all amounta paid to South San Francisco for the
Reimbursement and all co,ts and expenses (including
attorneys fees and courts coats) incurred by San Francisco
associated ~i~h the Reimbursement, plus interest as
determined under Section III.S.1 of ~he Agreement,
~m~ed~ately i~ South San Francisco approves, permits, or
fa£1s to prevent a new soisa-sensitive Land Use (as
described in Exhib~ ¢ to the Agreement) in the East Freeway
Land Area (as deacr~bed in Exhibit B to the Agreement)
vithin tvs (2) years of the final adoption o~ the Interim
Ordinance.
8. South San Francisco acknovled~es that, pending
com~letion of an environmental impact repor~ relating to the
Actiona, it would be inappropriate and ~nconsistent with the
req~rementa of law to approve of any plan, use, or
dev, lopment contemplating any Noise-Sensitive Land Use in
the East Freeway Land Area.
9. The ~effecttve date~ of this First A~endnent
sha~l be the date upon which the interim building and zoning
ordinance referred to in Recital E b~come ~tnal and
effective.
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10. Except as specifically mo4ified hereinabove,
the Agreement As hereby ratified and confirmed in all
~espects.
IN WITNESS WHEREOF, San Francisco and South San
Francisco have executed this First Amendment as of the date
2irst above written.
C~TY AND COUNTY OF SAN FRANCISCO.
a California municipal corporation,
acting by and through the San
.Francisco Airports Commission
By:
APPROVED AS TO FORM:
City Attorney, San Francisco
CITY OF SOUTH SAN FRANCISCO,
a California municipal corporation
xts:
APPROVED AS TO FORM:
City AttorneY, South san Francisco
¥19356 (7704)(20)
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