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HomeMy WebLinkAboutReso 33-1992 RESOLUTION NO. 33-92 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE FIRST AMENDMENT TO 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 are required to be performed prior to considering the actions set forth in the Agreement; and WHEREAS, the City will not be able to complete the above- stated evaluations within the time frame set forth in the August 29th Agreement; and WHEREAS, additional time is required to complete the subject evaluations; and WHEREAS, the City and Airport have agreed that the costs incurred in preparing the necessary documentation to effectuate the Agreement should be chargeable against the proceeds of the Agreement; and WHEREAS, the First Amendment to Agreement for Aircraft Noise Mitigation grants an additional 15 months to complete the necessary planning and environmental documents and provides for reimbursement of up to $500,000.00 to the City for costs incurred in preparing such documents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby resolve as follows: 1. The "First Amendment To Agreement For Aircraft Noise Mitigation" attached hereto as Exhibit "A" is hereby approved. 2. The City Manager is hereby authorized to execute the subject kmendment 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 8th day of April , 1992 by the following vote. AYES: Councilmembers Jack Dra~qo, Joseph A. Fernekes, and Roberta Cerri Teglia NOES: Mayor John R. Penna ABSTAIN: No ne ABSENT: C0unci]member Gus Nic0]0pu]0s ATTEST: _/~~. ~~ City Clerk~/ RESOLUTION NO. 33-92 FXP~T ~M~I~ 1~ AGRE~[E2q~ FOR AX~C~Jd~ #OXSE #XTXGATXOI~ THIS FIRST AMENDMENT TO AGREEMENT FOR AXRCRAFT NOXSP- MITIGATION ("First Amendment") ia made as of April _._, 1992, by and between the City and County of San Francisco, a California municipal corporation ("San Francisco"), acting by ard 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 Sen Francisco are occasionally referred to herein as the "Parties.- RECXTAL~ This First Amendment is made with reference to the following facts: A. The Parties entered into chat certain Agreement for Aircraft Noism Mitigation, dated as of August 29, 1991 (the "Agreement"). 9. South San Francisco has been unable to complete the Actions (as defined in tie ~qreement) required under the A~reement with£n tile time period provided bM the Agree~nt. C. South San Francisco desires additional time to complete the Actions; particularly in order ~o perform environmental review and planning evalumtione beyond those origi~all¥ contemplated in the A~reement. D. South San Francisco will incur certain costs in connection with performance of the Actions, including, without limitation, tie completion of an Environment Impact Report: and preparation of related planfltng documents. g. South San Francisco has adopted an interim build=rig and zoning ordinance (#~nterim Ordinance~) prohibiting the issuing of permits or processing of applications for noise sensitive land uses east of U.S. Flghwa¥ 101, and may extend such Xnterim Ordinance for afl aggregate period of two (2) years. F. In view of these facts, San Francisco is prepared, on and subject to the terms of this First Amendment, to grant to South San Francisco additional time to complete the Actions and to reimburse South San Francisco for certain costs associated with the performance of the Acetate, upon the satisfaction of certain conditions. G. The ParOLes agree that it is appropriate Chat such reimbursement be funded from monies set aside by the Co~mission 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. H. Accordingly, the Parties desire to amend the Agreement upon and subject to the terms, covenants, and co~ditions hereinafter set forth. 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. TAe phrase "at its sole expense" in the first sentence of Section II.A.l.c on page lO of the Agreement is hereby deleted. 3. 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 within fifteen (15) mon~hs of the date of the effective date of the First Amendment, as defined in the First Amendment. 4. Notwithstanding any~hin~ to the contrary contained in the Agreement and subject to Paragraph 5 of this First Amendment, San Francisco shall reimburse South San Francisco for all reasonable costs actually incurred by $ou3~ San Francisco and not otherwise paid or reimbursed in connection with the performance of the Actions, including, without limitation, ~he completion of an environmental revie~ and preparation o{ documents required thereby (the ,,Reimbursement-), up to an aggregate amount of Five Hundred Thousand Dollars ($500,000.00), upon satisfaction of l~he following conditions precedent: (a) South San Francisco shall certify and adopt a final Environmental Impact Report relating to ~he Actions pursuant to the California Environmental ~uality Act, Cal. Pub. Resources Code, Section 21000 e~ seq. 2 (b) South San Francisco shall provide San Francisco with & 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 ~h~ch $out~ San Francisco desires (c) South San Francisco shall diligently apply for federal grants under the Aviation Safety and ~o~se Aba~ement Act of 1979, 49 U.S.C. Section 2101 e~ seq., and al~ other appropriate statutes for re£nbursement ~or costs assoc£a~ed with the performance of the Acttona. South San Francisco shall reimburse San Francisco for ~he amoun~ awarded under such federal grants up ~o the amount paid to South San Francisco for the Reim~ursement. 5. The Reimbursement shall be funded solely by the Contribution Fund. San Francisco shall have no obligation to fund the Reimbursement by any other method. 6. All funds withdrawn from ~he Contribution Fund for the Reimbursement shall reduce the amoun~ of funds otherwiae available tn the Contr£button Fund. San Franc£sco sh&ll have no obligation to replenish or add to t~e contribution Fund. 7. South San Francisco shall repay San Francisco for all amounta paid to South San Francisco for the Reimbursement and all co,ts and expenses (including attorneys fees and courts coats) incurred by San Francisco associated ~i~h the Reimbursement, plus interest as determined under Section III.S.1 of ~he Agreement, ~m~ed~ately i~ South San Francisco approves, permits, or fa£1s to prevent a new soisa-sensitive Land Use (as described in Exhib~ ¢ to the Agreement) in the East Freeway Land Area (as deacr~bed in Exhibit B to the Agreement) vithin tvs (2) years of the final adoption o~ the Interim Ordinance. 8. South San Francisco acknovled~es that, pending com~letion of an environmental impact repor~ relating to the Actiona, it would be inappropriate and ~nconsistent with the req~rementa of law to approve of any plan, use, or dev, lopment contemplating any Noise-Sensitive Land Use in the East Freeway Land Area. 9. The ~effecttve date~ of this First A~endnent sha~l be the date upon which the interim building and zoning ordinance referred to in Recital E b~come ~tnal and effective. 3 10. Except as specifically mo4ified hereinabove, the Agreement As hereby ratified and confirmed in all ~espects. IN WITNESS WHEREOF, San Francisco and South San Francisco have executed this First Amendment as of the date 2irst above written. C~TY AND COUNTY OF SAN FRANCISCO. a California municipal corporation, acting by and through the San .Francisco Airports Commission By: APPROVED AS TO FORM: City Attorney, San Francisco CITY OF SOUTH SAN FRANCISCO, a California municipal corporation xts: APPROVED AS TO FORM: City AttorneY, South san Francisco ¥19356 (7704)(20) 4