HomeMy WebLinkAboutReso 61-2017 (17-506) SAN City of South San Francisco
P.O. Box 711 (City Hall,
7a 400 Grand Avenue)
= South San Francisco, CA
City Council
c4L OB> Resolution: RES 61-2017
File Number: 17-506 Enactment Number: RES 61-2017
RESOLUTION APPROVING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF
SAN MATEO AND CITY OF SAN BRUNO FOR THE NAVIGABLE
SLOUGH FEASIBILITY STUDY AND APPROVING A $40,000
CONTRIBUTION TOWARDS THE COST OF THE STUDY.
WHEREAS, in August 2015, the San Francisco International Airport ("SFO") completed the San Bruno
Creek/Colma Creek Resiliency Study("Resiliency Study")that assessed the vulnerability of SFO and its
neighbors to flooding from sea level rise and storms along the Bay shoreline northwest of the airport where
San Bruno Creek and Colma Creek meet the Bay and to develop conceptual adaptations; and
WHEREAS, the work included gathering hydrology and hydraulics data for both creeks, conducting
engineering analysis to determine flood and storm risks, developing an existing condition assessment to
identify constraints, performing hydrologic model and developing alternative flood protection system
improvements to address the identified deficiencies; and
WHEREAS, both the Colma Creek and San Bruno Creek system have various locations that are
vulnerable to Sea Level Rise ("SLR"); and
WHEREAS, the Resiliency Study identified adaptation and mitigation strategies for locations that are
vulnerable to SLR which includes construction of floodwalls, deepening the channel, surface detention
and improvements to the navigable slough; and
WHEREAS, the Navigable Slough Feasibility Study ("Study") will focus primarily on the assessment of
the slough to determine whether the installation of a tidegate or flapgate on the existing concrete box
culvert that passes underneath South Airport Boulevard is feasible in terms of flood control aspects,
evaluate potential habitat impacts, and establish needs for regulatory approval required as part of
California Environmental Quality Act(CEQA); and
WHEREAS, the completion of the Study would benefit most of the commercial flood hazard areas in
South San Francisco along Shaw Road as the construction of the tidegate or flapgate, if achievable,would
potentially eliminate the requirement to purchase flood insurance; and
WHEREAS, the Study will be managed by the County of San Mateo with support from Cities of South
San Francisco and San Bruno; and
WHEREAS, a Memorandum of Understanding is being requested by the County for the cost of shared
services between the County and Cities of South San Francisco and San Bruno; and
City of South San Francisco Page 1
File Number: 17-506 Enactment Number: RES 61-2017
WHEREAS, a $40,000 contribution per agency will be used to perform the Study and initiate the
environmental permitting discussions with the regulatory agencies; and
WHEREAS, there are sufficient funds in the Engineering Division Fiscal Year 2016-17 budget to cover
the $40,000 contribution.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby
approves a Memorandum of Understanding,attached as Exhibit A,with the County of San Mateo and City
of San Bruno for the Navigable Slough Feasibility Study.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute a
Memorandum of Understanding with the County of San Mateo and City of San Bruno for the Navigable
Slough Feasibility Study,and make minor modifications to the Memorandum of Understanding,subject to
approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other action
consistent with the intent of this resolution.
At a meeting of the Special City Council on 6/27/2017,a motion was made by Mark Addiego, seconded by
Liza Normandy, that this Resolution be approved.The motion passed.
Yes: 5 Matsumoto, Normandy,Addiego, Gupta, and Garbarino
Attest by A4/1101
Gabriel 'o• '•9v
City of South San Francisco Page 2
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MEMORANDUM OF UNDERSTANDING
Between the
CITY OF SOUTH SAN FRANCISCO,
CITY OF SAN BRUNO,
And
SAN MATEO COUNTY
(CONTRIBUTION TO NAVIGABLE SLOUGH FEASIBILITY STUDY)
This Memorandum of Understanding (“MOU”), is made and entered into this ___ day of
_____, 2017 by and between the City of South San Francisco and City of San Bruno (“Cities”),
municipal corporations of the State of California, and the County of San Mateo (“County”),
(sometimes referred to as “PARTY”, collectively referred to as “PARTIES”).
1. Purpose. The purpose of this MOU is to establish the terms and conditions
for the cost sharing of a Navigable Slough Feasibility Study (hereinafter referred to as
“STUDY”), which will collect existing data and mapping, identify data gaps, examine existing
conditions, review documentation of alternatives developed recently by others, present findings
and make flood risk reduction recommendations for the Feasibility Study, as listed in the
“Planning Process & Approach” section of Exhibit A to this MOU entitled, “San
Bruno/Colma/SFO Sub-Regional Watershed Management Plan” (RWMP).
2. Term of MOU and Termination. This MOU is effective upon the day
and date last signed and executed by the duly authorized representatives of the PARTIES to this
MOU and the governing bodies of the PARTIES’ respective jurisdictions and shall remain in full
force and effect until the completion of the STUDY. This MOU may be terminated, without
cause, by any of the PARTIES upon 30 days written notice to all of the PARTIES. Upon notice
by a PARTY of termination, the remaining PARTIES may continue the MOU if mutually
agreed. If terminated by all PARTIES, following the 30-day notice period, a final invoice will
be sent to all PARTIES for costs incurred through the term of the contract. All PARTIES will
have 30 days from the date of the final invoice to remit payment for services to the County.
3. Authorizations. The City Managers of the City of South San Francisco
and the City of San Bruno are authorized to approve extensions to the term of this MOU, to
modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of their respective
city, provided such approvals 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 of the appropriations of those funds.
The Director of the County of San Mateo Department of Public Works, serving as the
County Board of Supervisors’ designee, is authorized to approve the extension of the term of this
MOU, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the
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County, provided that any approval requiring payment of funds in excess of appropriated funds
requires the County Board of Supervisors’ approval of the appropriation of those funds.
4. Payment. Up to $40,000 (depending on final cost of STUDY) will be
equally contributed by each of the PARTIES towards the completion of the STUDY. Twenty-
five percent (25%) of the County’s contribution ($10,000) will be counted as in-kind services for
serving as the contracting agency. The County shall invoice the Cities as appropriate for
consultant and direct project costs associated with the STUDY. The invoices shall include an
itemized description of the consultant costs, and other direct project costs over a specified time
period. Each of the PARTIES will remit a check payable to the County San Mateo within 30
days of the invoice date.
5. Responsibilities of the PARTIES. The County will serve as the
contracting agency for the STUDY consultant. The County will manage the consultant, handling
official communications about the contract, and pay the consultant for the work performed. The
County will ensure that any consultant retained to perform work under this MOU will include
contract language in the consultant service agreement that requires the consultant to indemnify
and hold harmless the Parties, their officers, employees and agents from any claims that arise as
a result of Contractor’s work. The agreement shall also require that the consultant carry
insurance that meets the County’s standard requirements and names the PARTIES as additional
insureds.
The County’s project manager will manage the consultant, and monitor the quality of the
consultant deliverables and will inform the PARTIES of the consultant’s progress. A designated
staff member from each of the PARTIES will form a collaborative to ensure that the consultant is
provided the direction and guidance needed. The collaborative will report to their respective
jurisdictions as progress is made to obtain feedback to help form the final recommendations from
the consultant.
6. General Provisions
A. Indemnification. Pursuant to Government Code Section 895.4,
each PARTY agrees to fully indemnify, defend, and hold the other PARTIES (including
appointed and elected officials, officers, employees, and agents) harmless from any damage or
liability imposed for injury (as defined by Government Code section 810.8) occurring by reason
of the negligent acts or omissions or willful misconduct of the indemnifying PARTIES,
appointed or elected officials, officers, employees, or agents, under or in connection with any
work, authority, or jurisdiction delegated to such PARTIES under this MOU. No PARTY, nor
any appointed or elected official, officer or employee, or agent thereof shall be responsible for
any damage or liability occurring by reason of the negligent acts or omissions or willful
misconduct of the other PARTIES hereto, appointed or elected officials, officers, employees, or
agents, under or in connection, with any work, authority, or jurisdiction delegated to such other
PARTY under this MOU.
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B. Amendments. PARTIES may request changes to this MOU. Any
changes, modifications, revisions or amendments to this MOU which are mutually agreed upon
by and between all of the PARTIES to this MOU shall be incorporated by written instrument,
and effective when executed and signed by all PARTIES to this MOU.
C. Severability. If any provision of this MOU shall be held to be
invalid, void, or unenforceable, the validity, legality, or enforceability of the remaining portions
hereof shall not in any way be affected or impaired thereby.
D. Applicable Law. The construction, interpretation and enforcement
of this MOU shall be governed by the laws of the State of California. The courts of the State of
California shall have jurisdiction over any action arising out of this MOU and over the
PARTIES.
E. Notices. Any and all notices required to be given hereunder shall be
deemed to have been delivered upon deposit in the United States mail, postage prepaid,
addressed to either of the PARTIES at the following address or such other address as is provided
by either party in writing:
To City of South San
Francisco:
City of South San Francisco
P.O. Box 711
South San Francisco, CA
94083
Attention: City Manager
To City of San Bruno:
City of San Bruno
567 El Camino Real, San
Bruno, CA 94066
Attention: City Manager
To County:
County of San Mateo
555 County Center, 5th Floor
Redwood City, CA 94063
Attn: Public Works Director
F. Entirety of Agreement. This MOU, consisting of five (5) pages and
one (1) attachment, represents the entire and complete MOU between the PARTIES and
supersedes any prior negotiations, representations and agreements, whether written or oral.
G. Debt Limitation. The Cities and County are subject to laws or
policies which limit their ability to incur debt in future years. Nothing in this MOU shall
constitute an obligation of future legislative bodies of the Cities or County to appropriate funds
for the purpose of this MOU.
H. Conflict of Interest. The Cities and the County shall avoid all
conflicts of interest in the performance of this MOU and shall immediately notify the other
should a conflict of interest arise that would prohibit or impair the PARTIES’ ability to perform
under this MOU.
I. Disputes. The Cities and County agree that, with regard to all
disputes or disagreements arising under this MOU that are not resolved informally at the staff
level after a good faith attempt by all PARTIES, the PARTIES may, at their sole and mutual
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discretion, mutually agree to engage in mediation. The costs of the mediation shall be divided
equally between the PARTIES, unless otherwise agreed.
J. Non-Discrimination. Neither the Cities nor County will
discriminate, in any way, against any person on the basis of 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 the MOU.
7. Signatures. In witness whereof, the PARTIES to this MOU, through
their duly authorized representatives, have executed this MOU on the days and dates set forth
below, and certify that they have read, understood, and agreed to the terms and conditions of this
MOU as set forth herein.
8. Effective Date. The effective date of this MOU shall be the date of the
signature last executed by the PARTIES as part of this MOU.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the PARTIES hereto, by their duly authorized representatives, have
executed this Memorandum of Understanding.
“Cities”
City of South San Francisco, a California
Municipal Corporation
By: ______________
Name: Mike Futrell Date
Title: City Manager
City of San Bruno, a California Municipal
Corporation
By: ______________
Name: Connie Jackson Date
Title: City Manager
“County”
Public Works Director acting as the administrator
of the County of San Mateo
By: ______________
Name: James C. Porter Date
Title: County Director of Public Works
cc: Ann Stillman, P.E., County of San Mateo Public Works
Eunejune Kim, P.E., City of South San Francisco
Erika Powell, P.E., Flood and Resiliency Program County of San Mateo
Jimmy Tan, P.E., City of San Bruno
Exhibit A - San Bruno/Colma/South San Francisco/SFO Regional Watershed Management Plan
(RWMP), December 20, 2016