HomeMy WebLinkAboutReso RPD 7-1985 RESOLUTION NO. RPD-7
SOUTH SAN FRANCISCO PARK RECREATIQN AND PARKWAY DISTRICT
CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AGREEMENT
AMENDING THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO
COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO
OYSTER POINT MARINA
WHEREAS, the San Mateo County Harbor DiStrict, a political subdivision
of the State of California, and the City oflSouth San Francisco, a municipal
corporation, entered into an agreement effective as of 12:01 a.m. on November
11, 1977, and executed on October 21, 1977 by the City of South San Francisco
and on October 24, 1977 by the San Mateo Cou!nty Harbor District, providing as
therein set forth for the development, operaition and maintenance of the Oyster
Point Marina; and
WHEREAS, said Joint Powers Agreement was! ratified by this District; and
WHEREAS, the parties desire to amend said Joint Powers Agreement as set
forth in the document entitled "Second Agreement Amending Joint Powers Agree-
ment", a copy of which is attached hereto asl Exhibit "A"
NOW, THEREFORE, BE IT RESOLVED by the SoUth San Francisco Park Recreation
and Parkway District that:
1. Approval.
The South San Francisco Park Recreat!on and Parkway District hereby
approves the Second Agreement Amending the joint Powers Agreement, a copy
of which is attached hereto as Exhibit "A".
2. Execution
The Ex Officio Chairman is authorized to execute said agreement on
behalf of the South San Francisco Park Recreation and Parkway District, and the
City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the South San Francisco Park Recreiation and Parkway District at a
special meeting held on the 27th ~ay of November , 1985,
by the followin§ vote:
AYES: Boardmembers Mark N. Addiego, John "~ack" Drago, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
ATTEST: ~ ~ ~~_.~
'City
C1 erk ~'
EXHIBIT "A" TO RESOLUTION NOS.247-85 & RPD-7
ADOPTED Nov¢mber 27
SECOND AGREEMENT AMENDING JOIN~ POWERS AGREEMENT
THIS SECOND AGREEMENT amending the Joint ~owers Agreement by and between
the SAN MATEO COUNTY HARBOR DISTRICT (hereinafter referred to as "DISTRICT")
and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter
referred to as "CITY") is made and entered in~o as of this 27th day of
November , 19 85 . ,
WITNESSETH:
WHEREAS, on October 24, 1977, the parties hereto entered into a Joint Powers
Agreement (hereinafter "Agreement) for the purpose of repairing and/or replacing
the existing Marina facilities at Oyster Poin~ and expanding said facilities as
described therein, and for the purpose of permitting the DISTRICT to rehabili-
tate, manage, maintain and operate said existing Marina and construct, manage,
maintain and operate the future Marina DeveloPment at Oyster Point; and
WHEREAS, said Agreement was amended on October 11, 1979; and
WHEREAS, said Agreement and amendment theheto required t.~e establishment of
a POLICY BOARD consisting of five (5) members and charged said Board with the
responsibility for making recommendations to the CITY and DISTRICT on all matters
of policy relating to the construction, operation, management and maintenance of
OYSTER POINT MARINA/PARK and required said Board to exercise certain other powers
specifically delegated to it; and
WHEREAS, the parties hereto desire to again amend said Agreement to restructure
the POLICY BOARD and exorcise its delegated powers;
NOW, THEREFORE, it is agreed:
Paragraph 4 amended~
Paragraph 4 of the Agreement is hereb~ amended to read as follows:
'42 LIAISON GROUP
To facilitate the accomplishment of ~he purposes of this Agreement,
discussions shall be mgularly held between the DISIRICT and the
CITY by appointment by each body of representatives to a LIAISON
GROUP, consisting of two {2) members ~ who shall be Council Members
from the City of South San [rancis¢oi appointed by said Council and
two (2) members who shall be HARBOR
BOARD OF HARBOR COMMISSIONERS, each
his or her respective agency:
Each member of said LIAISON GROUP sh~
but shall be reimbursed actual and
:OMMISSIONERS, appointed by the
serve at the pleasure of
,11 serve without compensation'
~cessary expenses from the
revenues from said OYSTER POINT MARIflA/PARK~ Said GROUP shall have
responsibility for reporting to the CITY COUNCIL and HARBOR COMMISSION
on all matters of policy relating to 'the construction, operation,
management, and maintenance of the OYSTER, POINT NARINA/PARK~ and such
other powers, if any~ as are specifically delegated to the GROUP by the
DISTRICT and the CITY'J The primary purpose of said GROUP is not to be
an advisory body~ nor is it to presenit recommendations to either party,
It is constituted solely as a means f
of ideas and reports of plans between
chief administrative officer, the att
shall serve as staff to the LIAISON G
or direct communications, exchange
the DISTRICT and the CITY~ The
~rney and engineer of the DISTRICT
ROUP on all matters involving the
DISTRICT'S responsibility and the c~ief administrative officer, the
attorney and engineer of the CITY shall serve as staff to the GROUP on
all matters involving the CITY'S re!sponsibility. Compensation for each
staff person shall be the responsibility of the primary employer of said
person, but said salary shall be c~nsidered as part of the expenses of
the OYSTER PARK MARINA/PARK incurred for the maintenance and operation
to be reimbursed from operating revenues, pursuant to Paragraph 12 hereof.'
0
Paragraph 5 amended.
The last sentence of Paragraph 5 of Ithe Agreement is hereby amended to
read as follows:
"However, pursuant to this Agreement, ultimate financial responsibi-
lity rests with the HARBOR DISTRIC- and for this reason, if there is
disagreement between the CITY and the DISTRICT as to the manner in which
the project will be constructed, managed, maintained or operated, the
0
final decision as to said matters shall be made by the BOARD OF HARBOR
COMMISSIONERS of the SAN MATEO COUNTY HARBOR DISTRICT."
Paragraph 6 amended.
Paragraph 6 of the Agreement is hereby amended to read as follows:
"6. METHOD BY WHICH CONSTRUCTION PHASES OF THE PROJECT WILL BE
ACCOMPLISHED
(a) Plans and Specifications: The project may be constructed in
three initial phases as set forth in the Agreement between CITY and the
former State of California Department of Navigation and Ocean Develop-
ment ("DNOD") dated September 8, 1975, the proposed Master Plan (as
amended), and the OYSTER POINT MARINA/PARK Specific Plan adopted by the
CITY on September 21 , 1983, and ls said Specific Plan may be amended
from time to time.
The DISTRICT has already contracted with engineers
for the preparation of proposed project plans and specifications~
Plans and specifications for the proposed project have been prepared
under the supervision and direction oif the DISTRICT and paid for by
the DISTRICT from DISTRICT funds or lloan ~unds received from DNOD'S
(b)
successor, the State of California De
ways ('CAL-BOATING"). Upon completio
tions, and for any future plans and s
be reviewed and approved by the BOAR~I
HARBOR DISTRICT and the CITY COUNCIL
Award of Contract: Upon review and
)artment of Boating and Water-
n of said plans and specifica-
)ecifications, the same shall
OF HARBOR COMMISSIONERS of the
of the City of South San Francisco.
approval of said plans
and specifications by the DISTRICT and CITY ~taffs and the govern-
ing bodies of each of said agencies, subject ito Paragraph 6 {a) above,
the DISTRICT shall call for competitive bids~ The contract shall be
awarded by the DISTRICT to the lowest responsive and responsible bidder.
(c) Construction. Construction of said iwork of improvement shall
be under the supervision and direction of the DISTRICT. The engineers
of the DISTRICT shall consult with engineers'!for the CITY during the'
construction process. The engineers of the CITY shall have access to
the construction site, the power to inspect ~he s~e during the course
of construction, and upon request shall be f~rnished all plans and speci-
fications prepared by the DISTRICT for their,review and c~ent
(d) Project Site: The said project sha)l be constructed partially
on lands owned in fee by the CITY and partially on tidelands and sub-
merged lands and nothing set fo~h herein sh~ll be construed as vesting
any ownership in any of said lands in the HARBOR DISTRICT."
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4~ Paragraph 7 {b) amended~
The last sentence of Paragraph 7 (b)
to read as follows:
of the Agreement is hereby amended
"In the event that said employees failj to perform their services and
duties adequately and in accord with IPersonnel requirements of the
l
CITY, said employees may be discharged in accordance with the person-
nel rules and procedures of the CITY at the request of the DISTRICT."
5. Paragraph 9 amended~
Paragraph 9 of the Agreement is heret
'9. LEASES
DISTRICT may lease all or any portior
within the project site or the proje(
and/or public agencies subject to the
CITY. The revenues from any such lea
operating revenues
6. Paragraph 10 amended.
y amended to read as follows:
of the existing marina, the lands
:t as completed, to private developers
approval of CAL-BOATING and the
se or leases shall be considered as
OYSTER POINT MARINA/PARK. Said
DISTRICT where said expenses are
T functions. Said prorations
'y.
show the revenues and expenses of the
records shall prorate expenses of th~
attributable in part to other DISTRI(
shall be subject to review by the CI1
Paragraph 10 of the Agreement is hereby amended to read as follows:
"10. ACCOUNTING RECORDS I
{a} DI$1RICT shall maintain account books and financial records to
(b) CITY shall maintain account books and records to show the ex-
penses to the CITY for providing municipal se~'vices to said project~ Said
records shall prorate expenses where said exp(inses are attributable in
part to other CITY functions~ Said prorations shall be subject to review
by the DISTRICT.
(c) DISTRICT shall render a 'semi-anm al report concerning the finan-
cial affairs of the OYSTER POINT MARINA/PARK,"I
7. Paragraph 11 amended.
The first sentence of Paragraph 11 of Isaid Agreement is hereby amended to
read as follows:
"DISTRICT shall maintain minimum insurance required by CAL-BOATING in
accord with the Agreement with said A(~ency and such other insurance and
in such amount as may be considered necessary by the DISTRICT and the
CITY."
Paragraph 12 amended.
Paragraph 12 of said Agreement is hereby amended to read as follows:
"12. DIVISION OF REVENUE
(a} Operating revenues received From the'OYSTER POINT MARINA/PARK
shall be used to repay loans from CAL-aOATING {formerly DNOD) including
the existing loans, if any, to the CITY and the expenses and costs of
management, operation and maintenance Of the project.
{b) Operating revenues in excessiof those required for debt service
and operating costs and expenses as provided above shall be held in a
reserve account subject to the terms a~d provisions of the loan agreement
with CAL-BOATINGL After satisfaction 6f the yearly requirements under
the loan agreement with CAL-BOATING, a~d during the term of said agree-
ment, with CAL-BOATING'S consent, said excess funds shall be held or
disbursed as follows:
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(1) The CITY and the DISTRICT shall establish a reasonable
depreciation schedule for the va-ious elements of the project and
a portion of such excess funds st~all be deposited in an account
with a financial institution or invested in approved and authorized
investments to be used as, needed to meet the cost and replacement
/
in accordance with the said depreciation schedule~ Any income or
profits from said fund or investments shall be added thereto. The
maximum reserve to be so maintaihed shall be determined by the parties
he retD.
(2)
THOUSAND DOLLARS ($215,000.00) ('
in the existing MARINA from the
to be paid CITY for personal pro
The DISTRICT shall'be paid:
(i) The amount of the DIS
completed project,
The CITY shall be pai~ the sum of TWO HUNDRED FIFTEEN
~he amount of the CITY'S investment
;ITY'S General Fund) less the amount
)erty pursuant to to Paragraph 15J
FRICT'S capital investment in the
(ii) TWENTY FIVE THOUSAND )OLLARS ($25,000,00) which was
advanced to the CITY for plannin purposes,
(iii) The amount paid to CITY for personal property pursuant
to Paragraph 15, and ~
{iv) Sums advanced by the DISTRICT during the term of this
m
agreement from its General Fund CDr loan service fees or maintenance
and operation.
A schedule for repayment of said items shrill be developed by the parties hereto
subject to modification from time to time.
CORPORATE ACKNOWLEDGMENT
Stat'eof CALIFORNIA I On this the 4th~dayof DECEMBER 85
lg~, before me,
__County of SAN MATE0 SS.
: CHRISTINE A. DALE
the undersigned Notary Public, personally appeared
,RAN J. FLOCKS
~] personally known to me '
[] proved to me on the basis of satisfactory evidence
to be _the per~)on(~) who executed the within instrument as
Yres i dent
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITN E~'"r~y hand and official seal.
7120 122 _ _ _
.. NATIONAL NOTARY ASSOCIATION · 23012 Ventura Bl~l. · P.O. Box 462~ · Woodland Hi#a, CA 91364
State of CAL ! FORN IA
Countyof SAN MATEO
NOTARY PUBLIC - CALIFORN A K
On this the ]2th day Of DECEMBER , 19 85, before me
JOSEPH N.FIGUEIREDO NOTARY PUBLIC
personally ap~ared ROBERTA CERRI TEGLIA
personally Mown to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed
this instrument as MAYOR
of THE CITY CF SOUTH SAN FRANCISCO
and acknowledged to me that
THE CITY OF SOUTH SANFRANCISCO .executed it.
WITNESS my hand and official seal
Notary SJ Signature
CIVIL CODE SECTION 1191 - Public Corporation, Ac. or Political Subdivision Acknowledgment
Stateof CALIFORNIA ) On this the 12th day 6f DECEMBER , 19J~_, before me~
s~ JOSEPH N FIGUEIREDO NOTARY PUBLIC
County of SAN MATEO '
personally a2peared ROBERTA CERRI TEGLIA
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed
this instrument as EX OFFICIO CHAIRMAN
JOSEPH N FtGUEIREDO
NOTARY PUBLIC - CALU:ORNIA
OF SOUTH SAN FRANCISCO PARK RECREATIDN AND PARKWAY DTSTRT£T
and acknowledged to me that
THE CITY OF SOUTH SAN FRANCISCO
.executed it.
WIT~?SS my ~and and official seal
;
~o~ar~'~ Signature
(3) Any excess funds remaining shall be divided
equally between the parties hereto.
Except as specifically provided for ~bove, any reference in said Agreement
10.
or said Agreement amending the Joint Powers Agreement to POLICY BOARD or
BOARD is hereby amended ~o read as f~,llows:
"LIAISON GROUP" i
Except as specifically provided for albove, any reference in said Agreement
or said Agreement amending Joint Powelrs Agreement to DNOD is hereby amended
to read as follows:
"CAL-BOAT I~G"
This change reflects the fact that th~ State of California Department of
Navigation and Ocean Oevelopment has ieen replaced by the State of Calif-
ornia Department of Boating and WaterWays.
11. Except as specifically amended hereini the terms and conditions of the
Agreement and t~e Agreement amending joint Powers Agreement small remain
unchanged and are hereby ratified and reaffirmed by the parties hereto.
IN WITNESS WHEREOF, the parties neret~
executed this Second Agreement amending Joint
and year first above written.
ATTE ST:
ATTE ST:
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· firs~ being duly authorized, nave
Powers Agreement as of the date
SAN MA1EO COUNTY HARBOR DISTRICT
~Y OFf SOUTH SAN FRANCISCO
SOUTH S~N FRANCISCO PARK RECREATION
AND PARKWAY DISTRICT
'-~/ExlO fic~ Cna~ma