Loading...
HomeMy WebLinkAboutReso 80-1983that: RESOLUTION NO. 80-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT FOR MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MOUNTAIN BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled, "Joint. Exercise of Powers Agreement for Maintenance of Catchment Basins on San Bruno Mountain" between the County of San Mateo and the City of South San Francisco is hereby auth- orized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Signatures. The Mayor 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 intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 15th day of June , 1983, by the following vote: AYES: Councilmembers Ronald G. Acosta, Emanuele N.. DamQnte NOES' ABSENT: Gus Nicolopulos; and Roberta Cerri Te.qlia Council~ember Mark N. Addiego None ATTEST: ~ ~;~ City Clerk EXHIBIT "A" TO RESOLUTION NO. 80-83 JOINT EXERCISE OF POWERS AGREEMENT FOR MAINTENANCE OF CATCHMENT BAS INS ON THIS AGREEMENT, made and entered into this ~2/~f/' day of --~/~ , 1983, by and between the COUNTY OF SAN MATEO (hereinafter "County") and the CITY OF SOUTH SAN FRANCISCO (hereinafter "City".); RECITALS , THIS AGREEMENT is predicated upon the following facts' 1. County is a political subdivision of the State of California, and City is a municipal corporation, organized and existing under the laws of the State of California. 2. W.W. Dean and Associates has proposed for development' a project known as Terrabay Development on the South Slope of San Bruno Mo. untain. 3. The area proposed for development is currently in the unincorporated area of San Mateo County adjacent to the City. 4. It is the intent of the County and the City to have the development actually take place within the City. 5. For development to take place in the City, it is necessary ]'or the area to be annexed to the. city. 6. Before annexation can be completed, it is necessary for the County and the City to enter into a Property Tax Transfer Agreement which can be pre- sented to the Local Agency Formation Commission. 7. As part of the discussions for a Property Tax Transfer Agreement, the parties have determined that it is necessary to reach a. greement regarding the maintenance of certain debris and siltation catchment basins, deflection walls, check dams and other debris flow control facilities, (herein- after "Catchment basins") contemplated within the Terrabay Specific Plan and of access roads connecting the catchment basins to the private roads -1= of the Terrabay Development (hereinafter "access roads"). 8. The parties anticipate that some or all of the catchment basins will be constructed and maintained on land that will remain unincorporated land and that will be owned by County in fee simple subject to easements for said Catchment basins. 9. The parties have determined that it is in their mutual interest to create a Joint Powers Authority to assume responsibility for the mainte- nance of the catchment basins. 10. Sections 6500 through 6515, inclusive, of the Government Code permit two or more public agencies to jointly exercise under an Agreement any power which is common to each of them. NOW THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the parties agree as follows- SECTION 1. Authority and Purpose (a) This agreement is made between the County and the City, pursuant to the authority granted by Sections 6500 through 6515, inclusive, of the Govern- ment Code. (b) The purpose of this Agreement is to establish a single public authority to maintain the catchment basins contemplated in the Terrabay Specific Plan and access roads to said catchment basins which are constructed on the South Slope of San Bruno Mountain, to provide a method of funding said mainte- nance, to provide for the purchase of insurance covering any liability of the parties which might arise from the maintenance activity, and to fund administra- tive costs attendant to the aforementioned purposes. SECTION 2. Authorty, Creation of; Obligations of Pursuant to the authority granted by Sections 6500 through 6515, inclusive, of the Government Code, there is hereby created a Joint Powers Authority for -2- · Maintenance of Catchment Basins on San Bruno Mountain, a public entity, sepa- rate and apart from the parties to this Agreement. The debts, liabilities and obligations of the Authority shall not be debts, liabilities and obligations of the member agencies. SECTION 3. Term of Agreement This Agreement becomes effective upon its execution by both parties, and it shall remain in effect in perpetuity unless it is agreed in writing by both the City and the County that it shall be terminated. SECTION 4. Governing Board (a) The joint Powers Authority for Maintenance of Catchment Basins on San Bruno Mountain (hereinafter "Authority") shall be governed by a Governing Board comprised as follows' (1) One City Council member appointed by City, to serve at the pleasure of the City Council; and (2) One Board of Supervisors member appointed by County, to serve at the , pleasure of the County Board of Supervisors; and (3) One competent individual appointed by the mutual agreement of the representatives of the City and the County, to serve at the pleasure of said representatives. (b) Vacancies on the Governing Board will be filled within ninety (90) days of their occurrence. The initial appointment of the third member listed in subsection (a) (3), above, shall be made by the other two members of the Board within ninety (90) days of the effective date of this Agreement. , (c) The Governing Board shall hold at least one regular meeting annually on the first Monday of October. Meetings shall be held in the Small Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California 94080 at the hour of 9'00 A.M. The Governing Board may also hold Special Meetings -3- from time to time as it may deem necessary. Each meeting of the Board shall be called, noticed, held and conducted in accordance with the requirements of the Ralph M. Brown Act (Commencing with Section 54950 of the Government Code). (d) The Governing Board shall elect a President and a Secretary of the Authority from among its members at its first meeting. Thereafter, at its regular meeting in each succeeding calendar year the Board shall elect a President and Secretary. If the President or Secretary ceases to be a representative from his member agency, the resulting vacancy shall be~ filled by the Governing Board within ninety (90) days of its occurrence. In the absence or inability of the President to act, the Secretary shall preside at and conduct the meeting of the Governing Board. (e) Minutes of regular, adjourned regular and special meetings of the Governing Board shall be kept by the Secretary, and said minutes shall be forwarded to each member of the Board within thirty (30) days after each meeting. (f) Each member of the Governing Board shall have one vote, and two votes are required to validate any action of the Board. SECTION 5. Duties and Powers of the Governing Board' (a) The Governing Board shall have the following powers: (1) Make and enter into contracts; (2) Preparation of an annual budget for the. Authority and submission of that budget to the Board of Supervisors for approval; (3) Incurrence of debts, liabilities and obligations; but no debt, liability or obligation of the Authority is a'debt, liability or obligation of any member of the authority; (4) Acquire, hold and dispose of real and personal property; -4- (5) Receive contributions and donations of property, funds, services and other forms of assistance from any source; (6') Sue and be sued in its own name; (7) Lease real and personal property, including that of a party to this Agreement; (8) The Board may do all things necessary and lawful to carry out the purpose of this Agreement. (b) The Governing Board shall have the following duties: (1) Review and approve plans and specifications for construction of the catchment basins and access roads, in cooperation with the City and the County. (2) Inspect and approve the catchment basins and access roads as, con- structed, in cooperation with City and/or County Inspectors, as applicable. (3) Upon completion of construction in accordance with the standards previously approved, accept the dedication of the catchment basins and'access roads on behalf of the authority. (4) Provide, through contract(s), for the maintenance of the catchment basins built pursuant to the requirements of Terrabay Specific Plan and the access roads to said basins (including repair and construction of said catchment basins and access roads if necessary as determined' by the Governing Board). The parties hereto recognize that the number, size and location of the catchment basins, are approximate and subject to revision, based upon final recommendations of the design engineers;. however, by way of illustration, Exhibit "A" hereto shows the approxi- mate number and locations of the catchment basins as of the effective date of this Agreement. =5= (5) As a minimum, the Board shall insure that the catchment basins are clean prior to October 30 of each year. Siltation basins shall be considered clean if eighty-five percent (85%) or greater of the design capacity of each basin is available for the deposit of material, unless otherwise determi-ned by the .Board. (6) As a minimum, the Board shall insure that debris collection facili- ties are properly inspected and cleaned to meet the requirements of Section 5(b)(7) after each storm that results in a total rainfall of more than 1.25 inches within a twenty-four hour period as recorded at the San Francisco International Airport. (7) The Board shall insure that Catchment basins are cleaned at such other · times as it deems necessary to provide sufficient volume' to capture the extreme event debris flow; in any event, whenever the volume of sediment and/or debris in any catchment basin reaches the point that the "Extreme Event Volume" for the Hydrologic Basin, is reduced below the value shown in Column I of Exhibit "B" attached hereto and by this reference incorp- orated herein, as though set forth verbatim, the catchment basin shall be cleaned. (8) The Board shall not be responsible for maintenance of any improvements, either public or private, other than the catchment basins themselves and the access roads to the basins. Maintenance of the storm drain systems, the slopes upstream and downstream of the catchment basins and any other improvements, other than said catchment basins and. access roads, are the responsibility of the public or private entity which would, but for' the existence of this Authority, otherwise be responsible therefor. -6- (9) The Board shall provide public liability and property damage insurance in an amount not less than Five Million Dollars ($5,000,000) with both City and County and their respective elected and appointed officers, employees, boards and commissions named as additional insureds. Said insurance shall also contain the following endorsement' "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco and the County of San Mateo shall be primary as to any other insurance or reinsurance cover- ing or available to the City of South San Francisco or to the County of San Mateo, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." (10) The Board shall require that all persons or firms performing work for the Authority provide an insurance policy, or policies, naming the Authority and the parties hereto and their respective officers, employees, and agents, as additional insureds. Said policy or policies must include the endorsement contained in paragraph (9) immediately above. The scope and adequacy of said policy, or policies, shall be subject to the approval of the parties hereto. (11) The Board shall not contract with either of the parties to this agreement for any work to be done in the performance of the duties required of the Board by this Agreement. The maintenance work required herein (as des- cribed in Section 5 (b) (4 through 8) shall be accomplished by contracting with a private contractor. The competitive bidding process shall be observed in accordance with the provisions of the Public Contract Code applicable to Counties (commencing wi th section 20120). -7- (12) The County or the Ci<y may take emergency action in response to an actual or threatened disaster to protect property or to protect human health or safety in accordance with procedures established by the Board. If such emergency action is taken by the City, the Authority shall reimburse the City for actual costs incurred in taking such action. (13) The Governing Board shall- (i) Adopt written policies and procedures for carrying out · o its duties; and (ii) Prepare the annual budget and work program for the Authority and submit its proposed annual budget to the Board of Super- visors not later than April 30 of each year for the followin§ fiscal year. SECTION 6. Financing Notwithstanding that the County has final authority over the budget of the Joint Powers Authority, the County agrees that it shall fully fund all costs of mainte- nance and administration required by this Agreement, including, contracts for maintenance of the catchment basins and access roads as required by Subsections 5(b) (4-8), insurance premiums, bonds and costs of audit. The District Attorney's office shall provide legal representation to the Authority. The obligations of the County are made in consideration of the Property Tax Transfer Agreement referred to in the Recitals. SECTION 7. Treasurer of Authority . (a) The Treasurer of the County is hereby designated to be the depository and have custody of all the money of the Authority without regard to the source of that money. The Treasurer shall- (1) Receive and receipt for all money o'f the Authority and place it · in the treasury of the County to the credit of the Authority; and -8- (2) Be responsible upon his official bond for the safekeeping and disbursement of all Authority money so held by him; and (3) Pay any outstanding obligations of the Authority from Authority money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and (4) Verify and report in writing on the first day of October, January, April and july of each year to the Authority and to the parties to this Agreement, the amount of money he holds for the Authority, the amount of receipts since his last report, and the amount paid out since his last report. SECTION 8. Controller of AuthoritY; Accounts and Records (a) The Controller of the County is hereby designated the Controller of the Authority. He has the powers, duties and responsibilities specified in Section 6505.5 of the Government Code. (b) The Controller shall establish and maintain the funds and accounts in accordance with acceptable accounting practices and shall maintain such other records as the Governing Board shall require. (c) Books and records of the Authority shall be open to inspection at all reasonable times by representatives of the member agencies. (d) Within the one hundred twenty (120) days from the close of each fiscal year, the controller shall give a complete written report of all financial activities for that fiscal year. (e) When an audit is made by a certified public accountant pursuant to Section 9, the Authority shall have a copy of the audit filed within one hundred twenty (120) days from the end of the fiscal year under examination. =9- The Authority shall bear the costs of the audit, including any amounts paid to a certified public accountant. SECTION 9. Certified Public Accountant Annual Aud}t The Controller shall make or contract with a certified public accountant to make an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be tho~e prescribed by the State Controller for special districts under Section 26909 of the Government code and shall conform to generally accepted auditing standrds. SECTION 10. Bond Requirement A bond in the amount set by the Governing Board, but not less than Fifty Thousand Dollars ($50,000.00) shall be required for all officers, and per, personnel authorized to disburse funds of the Authority. The cost of such bond shall be paid by the Authority. SECTION 11. Fiscal Year and Annual Budget The fiscal year of the Authority shall be July I of each calendar year through and including June 30 of the succeeding calendar year. The Board of Supervisors shall adopt the first annual budget prior to the Authority's contracting for any maintenance services as provided elsewhere in this agreement. Subsequent annual budgets shall be adopted by the Board of Supervisors not later than the first regular meeting of the Governing Board in each fiscal year. SECTION 12. Disposition of Assets Upon Termination (a) Upon termination of this agreement by mutual written consent of both parties, all funds shall first be used to pay expenses arising out of this Agreement. ' (b) After payment of said expenses, funds shall be returned to the County unless otherwise provided by written Agreement of the parties hereto in con- templation of s,~id termination. -10- SECTION 13. Notices Notices to member agencies under this Agreement shall be sufficient if de- livered to the Clerk of the legislative body of the respective member agencies. SECTION 14. Prohibition Against Assignment No member agency may assign any right,' claim or interest it may-have under this Agreement, and no creditor, assignee or third party beneficiary of any'member agency shall have any right, claim or title to any part, share, interest or asset of the Authority. SECTION 15. Amendment This Agreement may be amended only by the written consent of the parties hereto. IN WITNESS WHEREOF,.the parties have executed this Joint Exercise of Powers Agreement as-of the day and year first above written: COUNTY OF SAN MATEO By' C~iai rman of the ,Board of Supervisors CITY OF SOUTH SAN FRANCISCO By: City Clerk Mayor -11- HYDROLOGIC BASIN NUMBER2 1 2 3 4 5 6 7 8 9 10 11 12 13 EXHIBIT B TERRABAY DEVELOPMENT SEDIr.[ENTATION AND DEBRIS FLO%~ VALUES FOR HYDROLOGIC BASINS~ VOLU~,[E TO MA I NTA I N AT ALL TIMES FOR EXTREME EVENT3 TOTAL. VOLUME TO PROVIDE FOR SEDI~[ENTATION AND DEBRIS FLOW (DES IGN CAPACITY) II 210 360 360 480 380 480 70 170 400 500 150 250 90 190 ~ 200 300 120 240 90 190' 70 170 100 200 50 · 150 1All volumes are' in cubic yards 2Hydrologic Basin Numbers. are identified in the report dated January 31, 1983, by PSC Associates, entitled "Debris Flow ....... South Slope San Bruno Mountain" 3Volumes to maintain for extreme events may be provide'~~. by a combination, of catchment basins, deflection walls, check dams, or such other debris flo%~ control facilities approved by the JPA