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HomeMy WebLinkAboutReso 16-1997RESOLUTION NO. 16-97 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RESCINDING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MOUNTAIN DATED JUNE 21, 1983 AND APPROVING AN "AGREEMENT BETWEEN THE COUNTY OF SDd~ MATEO AND THE CITY OF SOUTH SAN FRANCISCO FOR THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MOUNTAIN" WHEREAS, the City and County previously entered into that certain Joint Powers Agreement dated June 21, 1983, which created a joint powers authority whose duty it is to provide for the maintenance of catchment basins on San Bruno Mountain; and WHEREAS, the City and County have determined that the terms and conditions of the Joint Powers Agreement do not provide the most economical or expeditious method of providing maintenance of the catchment basins; and WHEREAS, the City and County have determined that it would be in the best interest of both agencies to terminate the Joint Powers Authority and provide for the maintenance of the catchment basins through a new agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The City Council hereby approves the termination of the Joint Powers Authority between the City of South San Francisco and the County of San Mateo related to the maintenance of catchment basins on San Bruno Mountain entered into as of June 21, 1983; 2. The City Council hereby approves the "Agreement for the Maintenance of Catchment Basins on San Bruno Mountain between the County of San Mateo and the City of South San Francisco, a mutual hold harmless and indemnify prevision copy of which is attached hereto as Exhibit A. 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 by ~'~'~U] -~' lowingt~e ~ol votemeeting: held on the ?6~.h day of F~hrH~y , 1997 AYES: Councilmembers James L. Datzman, Eugene R. Mullin, John R. Penna, Robert Yee and Mayor Joseph A. Fernekes NOES: Nnn~ ABSTAIN: None ABSENT: None A:~NBRUNO.RES ATTEST: EXHIBIT A TO RESOLUTION NO. 16-97 AGREEMENT FOR THE MAINTENANCE OF CATCHMENT BASIN ON SAN BRUNO MOUNTAIN This Agreement, made and entered into this day of~., 1997, by and between the County of San Mateo( herein after called "County" ) and the City of South San Francisco ( herein after called "City" ); WITNESSE_IH: Wl:IEREAS, City and County previously entered into that certain Joint Powers Agreement dated June 21, 1983, attached hereto as EXHIBIT "A" ( hereinafter referred to as "Joint Powers Agreement"), which created a joint powers authority ( hereinafter referred to as "Authority") whose duty it is to provide for the maintenance of catchment basins on San Bruno Mountain; and WHEREAS, City and County have determined that the terms and conditions of the Joint Powers Agreement do not provide the most economical or expeditious method of providing for the maintenance of the catchment basins; and WHEREAS, City and County have determined that it would be in the best interest of both agencies to terminate the Authority and provide for the maintenance of the catchment basin through a new agreement; and WHEREAS, it is the intent of this agreement to transfer the authority and obligation to maintain all of the catchment basins referenced in the Joint Powers Agreement from the Authority to the County. NOW THEREFORE, for and in consideration of the mutual benefits, covenants and conditions set forth herein, City and County agree as follows: 1) The Joint Powers Agreement, a copy of which is attached hereto as Exhibit "A", shall terminate on the day that this agreement has been executed by both City and County. The governing board of the Authority may meet one time after the date of termination for the purpose of concluding any outstanding business if such meeting is necessary. 2) This agreement shall remain in effect in perpetuity unless it is agreed in writing by both City and County that is shall be terminated or modified. 3) County hereby agrees to maintain the catchment basins contemplated in the Terrabay Specific Plan and access roads connecting the catchment basins to private roads of the Terrabay development ( hereinafter called "access roads" ). Said catchment basin are defined as certain debris and siltation basins, deflection walls, check dams and other debris flow control facilities contemplated in the Terrabay Specific Plan dated A list of the catchment basins is contained in Exhibit "B" attached hereto. The County's obligation to maintain shall apply to all catchment basins contemplated in the Joint Powers Agreement, including those basins to be constructed in the future. 4) County shall have the right to review and approve plans and specifications for the construction of catchment basins and access roads which may be built within the corporate limits of the City as part of the Terrabay development, ( or any successor development), prior to the construction thereof. County will not withhold its approval unreasonably. City shall have the right to review and approve plans and specifications for the construction of catchment basins and access roads which may be built within the unincorporated area of the County as part of the Terrabay development ( or any successor development ), prior to construction thereof. City will not withhold its approval unreasonably. 5) County shall have the right to inspect and approve the catchment basin and access roads as constructed. 6.) County shall accept for maintenance those catchment basins and access roads that have been built in accordance with the plans as approved by County. 7) County shall have the duty to maintain the catchment basins. Specifically, County shall do this following: (a) Ensure that the catchment basins are clean prior to October 30 of each year. Catchment basins shall be considered clean if eight-five percent (85%) or more of the design capacity of each basin is available for the deposit of material, unless a different capacity is otherwise mutually determined and agreed upon by both City and County. (b) Inspect and clean the catchment basins to meet the requirements of 7(a) above after each storm that results in a total rainfall of more than 1.25 inches within a twenty-four hour period as record at the San Francisco International Airport. (c) Clean the catchment basins at such other times as County deems necessary to provide sufficient volume to capture the extreme event debris flow. In any event, catchment basins shall be cleaned whenever the volume of sediment 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 1 of Exhibit "B" attached hereto. 8) County shall not responsible for the maintenance of any improvements, 2 either public or private, other than the catchment basins themselves and access roads that provide access only to the catchment basins. Maintenance of the storm drain systems, the slopes upstream and downstream of the catchment basins and any other improvements, other than the catchment basins and access roads as defined herein, are the responsibility of the public or private entity which is otherwise responsible for the facilities. 9) The County shall become responsible for the maintenance of catchment basins as provided for above only upon the occurrence of the following events: (a) For each basin located within the corporate limits of the City - after the catchment basin has been built and the owner of the property upon which the catchment basin is located transfers title to the property, including the right of ingress and egress to the basins, to the County. Existing catchment basins are located on lots 371,378, 384 and 387 in that certain subdivision known as Terrabay as shown on that certain map entitled" MAP OF TERRABAY" filed at Volume 121 at Pages 65 through 79 inclusive, of Subdivision Maps in the Office of the County Recorder. (b) For each basin located within the unincorporated area - after the catchment basin has been built and as easement of fee title to the property upon which the catchment basin is located has been transferred to the County, including the right of ingress and egress to the basin. 10) To the extent that the final maps for the Terrabay development note that future dedications are to be made to the Authority, City and County agree that such dedications may be made to County. 11) This agreement contains the entire agreement between the parties hereto with respect to the matters covered, and supersede all prior agreements, written or oral, between the parties. No other agreement, statement or promise made by any party not contained herein shall be binding or valid. 12) The parties agree that each party and counsel for each party has reviewed and revised this agreement, that this agreement shall be deemed for all purposes to have been jointly drafted by all parties hereto, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendment thereto. 13) This agreement may be executed in counterparts. 14) HOLD HARMLESS It is agreed that COUNTY shall defend, hold harmless, and indemni~ CITY, its officers and employees, from arly and all claims for injuries or damage to persons and/or property, which arise out of the terms and conditions of the Agreement and which result form the negligent acts or omissions of COUNTY, its officers, and/or employees. It is further agreed that CITY shall defend, hold harmless, and indemni~t COUNTY, its officers and employees, from arly and all claims for i~uries or damage to persons and/or properly, which arise out of terms and conditions of this Agreement and which result from the negligent acts or omissions of CITY, its officers, and/or employees. In the event of concurrent negligence of CITY, its officers and/or employees, and COUNTY, its officers and/or employees, then the liability for any and all claims for ir0uries or damages to persons and/or property which arise out of the terms and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written: COUNTY OF SAN MATEO Attest: Clerk of Board President of the Board of Supervisors CITY OF SOUTH SAN FRANCISCO by: Mayor Attest: City Clerk 4 5 III ;i r