HomeMy WebLinkAboutReso 38-1994 RESOLUTION NO. 38-94
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE THIRD
AMENDMENT TO THE AGREEMENT FOR
AIRCRAFT NOISE MITIGATION
WHEREAS, the City of South San Francisco ("City") and City and
County of San Francisco ("Airport") entered into an Agreement for
Aircraft Noise Mitigation on August 29, 1991; and
WHEREAS, the City has determined that extensive planning and
environmental evaluations were required to be performed prior to
considering the actions set forth in the Agreement; and
WHEREAS, the City approved a First Amendment to the Agreement
for Aircraft Noise Mitigation on April 8, 1992; and
WHEREAS, the City approved a Second Amendment to the Agreement
for Aircraft Noise Mitigation in May, 1993; and
WHEREAS, the City may not be able to complete the above stated
evaluations within the time frame set forth in the Second
Amendment to Agreement for Aircraft Noise Mitigation; and
WHEREAS, the City anticipates that said evaluations will be
completed not later than July 25, 1994 and said evaluations will
potentially require the expenditure of an additional Fifty
Thousand Dollars ($50,000.00); and
WHEREAS, the Airport staff have agreed to recommend approval
of the extension until July 25, 1994 and have also agreed to
recommend an increase in the budgeted amount by Fifty Thousand
Dollars ($50,000.00), with said amount to be chargeable against
the proceeds of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of South San Francisco hereby resolves as follows:
1. The "Third Amendment to the Aircraft Noise Mitigation"
attached hereto as Exhibit "A" is hereby approved.
2. The City Manager is hereby authorized to execute the
subject amendment and any related documents necessary to
accomplish its purpose.
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 regular meeting held on the 13th day of
April , 1994 by the following vote.
AYES:
Councilmembers Jack Drago, John R. Penna, Roberta Cerri TeQlia,
Robert Yee and Mayor Joseph A. Fernekes
NOES: None
ABSTAIN: None
ABSENT None
Air~raft. Agt
EXHIBIT A TO RESOLUTION NO. 36-~4
THIRD AMENDMENT TO AGREEMENT FOR
AIRCRAFT NOISE MITIGATION
THIS THIRD AMENDMENT TO AGREEMENT FOR AIRCRAFT NOISE
MITIGATION ("Third Amendment") is made as of April , 1994, by
and between the City and County of San Francisco, a California
municipal corporation ("San Francisco"), acting by and through the
San Francisco Airports Commission ("Commission"), and the city of
South San Francisco, a California municipal corporation ("South San
Francisco"). San Francisco and South San Francisco are occasionally
referred to herein as the "Parties."
RECITALS
This Third Amendment is made with reference to the following
facts:
A. The Parties entered into that certain Agreement for
Aircraft Noise Mitigation dated August 29, 1991 (the "Agreement").
B. The Parties previously entered into a First Amendment To
Agreement For Aircraft Noise Mitigation ("First Amendment") as of
April 1992.
C. The Parties previously entered into a Second Amendment to
Agreement for Aircraft Noise Mitigation ("Second Amendment") as of
May 1993.
D. South San Francisco has been unable to complete the
Actions (as defined in the Agreement) required under the Agreement
within the time period provided by the Agreement, the First
Amendment, and the Second Amendment.
E. South San Francisco has incurred and will incur certain
costs in connection with performance of the Actions, including,
without limitation, the completion of an Environmental Impact
Report and preparation of related planning documents, which are
greater than contemplated in the First and Second Amendments.
F. South San Francisco has adopted and maintains in force an
interim building and zoning ordinance ("Interim Ordinance")
prohibiting the issuing of permits or processing of applications
for noise sensitive land uses east of U.S. Highway 101.
G. In view of these facts, San Francisco is prepared, on and
subject to the terms of this Third Amendment, to grant to South San
Francisco additional time beyond that contemplated in the First and
Second Amendments to complete the Actions and to reimburse South
San Francisco for certain costs associated with the performance of
the Actions in excess of the amount provided in the First and
Second Amendments, upon the satisfaction of certain conditions.
H. The Parties agree that it is appropriate that all such
reimbursement (under either the First, Second, or Third Amendments)
be funded from monies set aside by the Commission for the
Contribution Fund (as defined in the Agreement) and that the amount
of funds otherwise available from the Contribution Fund be reduced
by the funds applied to such reimbursement.
I. Accordingly, the Parties desire to amend the Agreement
and First Amendment, and the Second Amendment upon and subject to
the terms, covenants and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the Agreements of the
Parties herein contained and other valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the Parties
hereby agree as follows:
1. As used herein, terms shall have the same meanings as in
the Agreement, except as provided herein.
2. Section II.A.2. on page 11 of the Agreement is hereby
deleted and the following substituted therefor:
South San Francisco shall complete all of
the Actions by July 25, 1994.
3. Subdivision 5.-1. is amended to read as follows:
The aggregate sum of $550,000 shall be
disbursed to the City as follows:
a. $125,000, which was paid upon
the execution of the Second Amendment by
all Parties.
b. $125,000, which was paid on or
about June 1, 1993.
c. $125,000, which was paid on or
about September 1, 1993.
d. $175,000, which will be paid upon
satisfaction of the following conditions
precedent:
1o South San Francisco shall
certify and adopt a final Environmental
Impact Report relating to the Actions
pursuant to the California Environmental
Quality Act, Cal. Pub. Resources Code,
Section 21000 et seq.
2
ii. South San Francisco shall
provide San Francisco with a request for
reimbursement containing detailed records
and receipts of all costs actually incurred
by South San Francisco in connection with
the performance of the Actions for which
South San Francisco desires reimbursement.
4. The Reimbursement shall be funded solely by the
Contribution Fund. San Francisco shall have no obligation to fund
the Reimbursement by any other method.
5. Ail funds withdrawn from the Contribution Fund for the
Reimbursement shall reduce the amount of funds otherwise available
in the Contribution Fund. San Francisco shall have no obligation
to replenish or add to the Contribution Fund.
6. South San Francisco shall repay San Francisco for all
amounts paid to South San Francisco for the Reimbursement and all
costs and expenses (including attorneys fees and courts costs)
incurred by San Francisco associated with the Reimbursement, plus
interest as determined under Section III.B.1 of the Agreement,
immediately if South San Francisco approved, permits, or fails to
prevent a new Noise-Sensitive Land Use (as described in Exhibit C
to the Agreement) in the East Freeway Land Area (as described in
Exhibit B to the Agreement) within three (3) years of the final
adoption of the Interim Ordinance.
7. South San Francisco acknowledges that, pending completion
of a Final Environmental Impact Report relating to the Actions, it
would be inappropriate and inconsistent with the requirements of
law to approve of any plan, use, or development contemplating any
Noise-Sensitive Land Use in the East Freeway Land Area.
8. The "effective date" of this Third Amendment shall be the
date first written above, April , 1994.
9. Except as specifically modified hereinabove, the
Agreement, the First Amendment, and the Second Amendment are hereby
ratified and confirmed in all respects.
IN WITNESS WHEREOF, San Francisco and South San Francisco have
executed this Third Amendment as of the date first above written.
CITY AND COUNTY OF SAN FRANCISCO,
a California municipal corporation,
acting by and through the San Francisco
Airports Commission
By:
Its:
APPROVED AS TO FORM:
City Attorney, San Francisco
CITY OF SOUTH SAN FRANCISCO,
a California municipal corporation,
By:
Interim City Manager
APPROVED AS TO FORM:
city Attorney, South San Francisco