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
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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
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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
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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;
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(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.
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(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.
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(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).
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(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
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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
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(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.
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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.
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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
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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