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HomeMy WebLinkAboutReso 109-2016 (16-656)T. . W. ["17reTs • • Resolution: RES 109 -2016 RESOLUTION APPROVING AGREEMENT BETWEEN THE FRANCISCO AND THE SAN CONTROL DISTRICT FOR 400 Grand Avenue) Enactment Number: RES 109 -2016 A MEMORANDUM OF CITY OF SOUTH SAN MATEO COUNTY FLOOD SHARED MAINTENANCE SERVICES OF THE COLMA CREEK FLOOD CONTROL CHANNEL AND AMENDING THE PUBLIC WORKS DEPARTMENT FISCAL YEAR 2016 -2017 OPERATING BUDGET BY $33,000. WHEREAS, a portion of the Colma Creek Flood Control Channel financed, constructed, and maintained by the San Mateo County Flood Control District ( "the District ") lies within the incorporated limits of the City of South San Francisco ( "the City "); and WHEREAS, the City and the District have identified a need for a collaborative effort and sharing of resources in vegetation management, abatement of graffiti, vandalism, illegal dumping, illegal encampments, minor maintenance efforts, and the collection and disposal of trash and debris deposited in and around the Colma Creek Flood Control Channel in the City; and WHEREAS, trash in the creeks and waterways is detrimental to the community and to the environment; and WHEREAS, the City and the District have implemented programs that include the removal of trash along creeks and waterways to comply with the National Pollutant Discharge Elimination System Municipal Regional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS, the City has the resources and current programs to assist in the management of vegetation, graffiti, vandalism, illegal dumping, illegal encampments, and minor maintenance in and around the Colma Creek Flood Control Channel in the City; and WHEREAS, the City and the District desire to enter into a Memorandum of Agreement to utilize City resources for vegetation management, abatement of graffiti, vandalism, illegal dumping, illegal encampments, minor maintenance, and trash prevention and removal activities within and adjacent to the Colma Creek Flood Control Channel; and WHEREAS, the City and District are government agencies duly authorized and existing under the laws of the State of California, and situated within the boundaries of the County of San Mateo; and WHEREAS, Government Code section 54981 allows the legislative body of any local government agency to contract with another agency for performance of municipal services or functions; and File Number: 16-656 Enactment Number: RES 109-2016 ............................. WHEREAS, Government Code section 6502 provides that, if authorized by their legislative or other governing bodies, two or more public agencies may, by agreement, jointly exercise any power commoD to the parties. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco thal the City Council hereby approves the Memorandum of Agreement between the City of South San Francisco and the San Mateo County Flood Control District for Cohna Creek Flood Control Channel maintenance, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes Finance Department to amend the Public Works Department Fiscal Year 2016-2017 Operating Budget $33,000 and establish a revenue budget of $33,000 for estimated expenditures and revenues associat with the agreement. AE ffFU KI I of Agreement on behalf of the City, subject to approval as to form by the City Attorney. HE-f Tff a-f Tf Te-U-Tf Y-M—aff-a—ge-r-i -s-au-Tff on zect to execute r e ents, To' make any revisions, amendments, or modifications, deemed necessary to carry out the intent of Resolution which do not materially alter or increase the City's obligations thereunder, and subject I approval as to form by the City Attorney. 1 At a meeting of the City Council on 8/24/2016, a motion was made by Richard Garbarino, seconded Liza Normandy, that this Resolution be approved. The motion passed. I MY, =7 Ea� 150 Al 4 R , guuuw�� between the CITY OF SOUTH SAN FRANCISCO and the A This Memorandum of Agreement (IMOA made and entered into this _ day of 2016, by and between the City of South San Francisco ("City a municipal special district in County of San Mateo, State of California. NOW, THEREFORE, in consideration of their mutual covenants in this Memorandum 4 f Agreement, the CITY and DISTRICT agree as follows: Exhibit A: Draft Agreement 1. TERMS AND CONDITIOA B. Authorizations such avvrovals are not vested in the authority of the City Council, and provided that any approval requiring payment of funds in excess of appropriated funds shall require City Council approval ♦ the appropriation of those funds. E. Amendment Is IN In 1 I Mi- � Ila, To City: To District: City of South San Francisco San Mateo County Flood Control District P.O. Box 711 555 County Center, 5a` Floor South San Francisco, CA 94083 Redwood City, CA 94063 Attn: Director, Public Works Attn: Director, Public Works impaired thereby. J. Termination Im FP W Conflict of Interest Mi 252 "WOMIARM 5-' 1 . a MOA and shall immediately notify the other should a conflict of interest arise that would prohibit or impair the partys ability to perform under this MOA. race, sex, color, age, religion, sexual orientation, actual or perceived gender identification, disability, ethnicity, or national origin, in connection with or related to the performance of this MOA. Sites that may require the performance of the activities under the tenns of this MOA must E 0 Exhibit A: aft 9 til d e Ma'Urteek Flood Control Channel as depicted on Exhibit A. and (iii) subject to a City and/or District rigbt-of-way, easement, or permit. Other sites not meeting the requirements of and (iii) of this subsection are not covered under this MOA. WIN both parties, the parties may, at their sole and mutual discretion, agree to engage in mediation. The costs of the mediation shall be divided equally between the parties, unless otherwise agreed. itrol Channel financed, constructed, an maint e Slough (also known historically as San. B. Active Illegal Encamoi*t - An illegal encampment that appears to have been recently used as an encampment sik-A S"Ievidenced by (i) the presence of persons at or around the encampment, or (ii) the organized, systematic and methodical appearance of the encampmen) where it would be reasonable to assume that it is currently being used as an encampment. 0 Exhibit A: Draft Agreen t tit J labhiji gm-I - e-M �inviwte L jj j 4 W D. Grit and Screenings - Grit includes sand, gravel, cinder, or other heavy solid materials that are "heavier" (higher specific gravity) than the organic biodegradable solids in wastewater. Grit also includes eggshells, bone chips, seeds, coffee grounds, and large organic particles, such as food waste. Screenings are suspended solids or objects such as rags, paper, plastics, and metals to prevent damage and clogging of downstream equipment, piping, and appurtenances. E. Hazardous Waste - A solid waste, or combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (i) cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible illness; or (ii) if a substantial, present, or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. F. Illegal Encampment - A camp located in or immediately adjacent to the Colma Creek Flood Control Channel within the City that has not been permitted by the City, District, and/or other agencies with jurisdiction to regulate that camping activity. , K. Universal Waste - Any of the following hazardous wastes that are subject to the universal waste requirements of 40 CFR part 273 or CCR Title 22, Division 4.5, Chapter 23, including: (1) Batteries as described in § 273.2 (2) Pesticides as described in § Mercury- containing equipment as described in § 273.4; and (4) Lamps as described (source: 40 CFR §273.9) L. Advisory Committee — The Colma Creek Flood Control District Citizens Advisory Committee R 331 s� 0 [a SM (City boundary). Staff shall inspect areas within and adjacent to the Channel. The quarterly inspections shall: Identify issues related to maintenance needs, including litter problem areas, illegal �,umping sites, abandoned shopping carts, graffiti, vandalism, Active and Inactive Illegal 17--ncampments, areas in need of vegetation maintenance, including those areas within the "I Channel and along access roads, and fence repair needs along the Channel. M 0 ' MI EMEMEM �111'04111`11 U473124MUZZ141-AWFAIMM"I'M ii. The Report must include at a minimum the • Status, accomplishments, and,rtquests't, • Number of sites, site locations,­-and arrif ► programs or projects • Number of sites and sity,, MOA; • —4rAiv.1 e.ymeib; 4 s W1111 iii. The inform, shall be use infMrmation MUM I — June 30) shall be prepared and E each year this MOA is in effect. ill ow1rI under this MOA; &*&Jak #4 ITIMIMMM 3. Environmental Permitting regulatory agency approval, District shall ensure that proper permits are obtained prior to the commencement of said maintenance activities. 11 Illegal Encampment sites and is led by the City on an as-needed basis. L11 2. District Actions 3. Standard Operating Procedures a. The parties agree that all clean-up of Illegal Encampments and the encampment clean-up program will be performed in accordance with the City's standard procedures, b. The City procedures may be amended from time to time by the City. _e — - — ------------- - 11 The Trash Clean-Up Program helps address the clean-up of Trash accumulations that fall outside the scope of the encampment cleanup program. It is coordinated by City and District staff through the Quarterly Channel Inspections described in Section III.A. I of this MOA. and the boundaries of the City. a. City and District staff will identify the Trash Clean-Up Program sites, using following criteria for prioritization: i. Site is a historically-reoccurring litter problem a ii. Site has received complaints from the public iii. Site provides opportunity for proactive interventi iv. Site has a significant accumulation of debris I E. Vegetation Managemen Creek Flood Control Channel right-of-way and access road areas. Illit 1951� r r� L-11 F. Minor Maintenance 11 W -11 right-of-way and access road areas: Fences, posts, cables, and gates. Flap gates, valves, and other flow restriction devices. z Concrete or asphalt pavement/sidewalk. E0 Exhibit A: Draft Agreement IN WITNESS WHEREOF, the parties hereto, by their duly authanized representatives, have executed this Memorandum of Agreement. By: ..................... __ ..... . ................. . . ........ . ............. . .. . __ .................... . Name: Title: Date: Authorized by Resolution No.: By: Name: Title: Adopted: 2016 APPROVED AS TO FORM: "District" PUBLIC WORKS DIRECTOR ACTINI M IM NTMSI��� EXHIBITS: A — Colma Creek Flood Control Channel Right-of-Way Map B — City of South San Francisco Labor, Material, and Equipment Rates IV Exhibit A: Draft Agreement If � , .* �,, ::4...'. ;1a- 19 OA-le WO YV N ............ . 0 X Iz z CL C, ui 3: L Z 0 z M 0 z a 0 u a o 0 E 0 5 u LL u 0 0 U F Z 0 Ln 44 z 0 . 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Truck (12,000-20,000 GVW) 33.06 Backhoe (JCB 314 Loader w/ Backhoe) 150.00 PW Program Manager Bucket Truck (12,000-20,000 GVW w/ boom type lift 25-50ft) 71.69 Crane( c 48,000-60,000 GVW w/ boom type 100.00 lift 25-50ft) Administrative Assistant Sweeper (Vacuum sweeper w/ 6 yd. hopper) 166.60 Jetter* 60.00 PW Maint. Worker Vac- n* 1 175.00 Not in the Caltrans List of Equipment 65.00 Electrical Tech 90.00 ffi Sweeper Operator 70.00 Parks Maint. Worker 65.00 Police Officer Police Sgt. 1300 Safety Inspector 110.00 Equipment (Cal trans Rate Description).-- �-'-', Hour ly ch!m Truck (6,000-12,000 GVW) 26.95 Truck (12,000-20,000 GVW) 33.06 Backhoe (JCB 314 Loader w/ Backhoe) 54.61 Bucket Truck (12,000-20,000 GVW w/ boom type lift 25-50ft) 71.69 Crane( c 48,000-60,000 GVW w/ boom type lift 25-50ft) 102.56 Sweeper (Vacuum sweeper w/ 6 yd. hopper) 166.60 Jetter* 105.00 Vac- n* 1 175.00 Not in the Caltrans List of Equipment I