HomeMy WebLinkAboutCC Resolution 8025 (Open Space District JPA)as follows:
RESOLUTION NO. 8025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE VICE MAYOR AND CITY CLERK
TO SIGN FIFTH MODIFICATION TO JOINT POWERS AGREEMENT
WITH MARIN COUNTY OPEN SPACE DISTRICT FOR
PREPARATION OF OPEN SPACE LAND MANAGEMENT PLAN
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
The VICE MAYOR AND CITY CLERK are hereby authorized
to execute, on behalf of the City of San Rafael, Fifth Modification
of a Joint Powers Agreement with the Marin County Open Space District
for preparation of Open Space Land Management Plan by Leonard Charles
and Associates, a copy of which is hereby attached and by this
reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael, California, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting
of the Council of said City held on the 5th day of September, 1989,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
JEAN -M. LEONCINI, City Clerk
CITY OF SAN RAFAEL
MARIN COUNTY OPEN SPACE DISTRICT
FIFTH MODIFICATION TO JOINT POWERS AGREEMENT
THIS FIFTH MODIFICATION made this ; day of 1989, by and between
the MARIN COUNTY OPEN SPACE DISTRICT, a public district, hereinafter referred to
as "DISTRICT" and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred
to as "CITY";
WITNESSETH:
WHEREAS, the City and the District both manage portions of public open space
land jointly acquired by the District, City, and County Service Area #23; and
WHEREAS, City and District entered into the District/City/CSA #23 Joint Powers
Agreement of February 17, 1976 attached hereto, and subsequent modifications to that
Agreement, which recognize the need for clearly understood management responsibilities
for jointly purchased public open space lands; and
WHEREAS, the City has not funded or established policies for a program to manage
these lands as required in the Joint Powers Agreement of 1976, and, in response,
the District currently holds substantial monies owed the City since 1981 for City
management of jointly owned open space lands within the San Rafael City limits; and
WHEREAS, the management policies and practices of one entity directly impact
the other managing entity because of the contiguity of these lands; and
WHEREAS, the current management situation is confusing to the public who does
not use open space on the basis of jurisdictional boundaries; and
WHEREAS, City and District agree that providing for quality management of jointly
owned public open space lands requires cooperation and commitment by both the District
and the City; and
WHEREAS, City and District wish to work cooperatively for the preparation of
a Land Management Plan for jointly purchased properties and other adjacent public
open space to serve as a guide for management of these lands; and
WHEREAS, City and District agree that Leonard Charles and Associates is the
consultant best suited to perform this work, and the City has authorized that such
work be done;
NOW, THEREFORE, BE IT RESOLVED that City and District agree to the following:
1. Leonard Charles and Associates will prepare a Land Management Plan for jointly
acquired public open space, and immediate adjacent other open space for
the City and District, at a cost of $53,800.
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2. City shall hold and manage the contract with the consultant and any subconsul-
tants in consultation with the District.
3. District and City shall be equally involved in working with the consultant,
in overseeing the progress of the consultant, and in approving the final
product.
4. The final Land Management Plan provided by Leonard Charles and Associates
shall require the approval of the City Council and the Board of Directors
of the District prior to implementation.
5. District shall pay $41,100 of monies due the City for the Management Plan,
plus $6,350 of additional funds. These funds shall be payable to the City
upon receipt of billings from the City.
6. City shall pay $6,350 for the Land Management Plan.
7. City and District shall work in good faith to seek resolution of differences
in philosophy and approach for public land management. It is the intent
of the City and the District to arrive at management policies and practices
for the open space lands which protect the properties' natural values and
allow for the public and community's wishes for its use.
8. This process in which the District and City are engaging shall not be deemed
complete until, 1) the District and City agree upon a concrete management
program for the properties with assignment of costs and responsibilities
to either entity as determined by the Land Management Plan, and 2) District
and City agree to place the agreed management costs in each year's respective
budgets for implementation.
Except as herein amended, said Joint Powers Agreement shall be in full force
and effect in all particulars.
IN WITNESS WHEREOF, DISTRICT and CITY have caused this MODIFICATION TO JOINT
POWERS AGREEMENT to be duly executed on the date first above written.
CITY OF SAN RAFAEL
Vice -Mayor, Ci'y of San Rafael
ATTEST:
Clerk \
Date: September 5. 1989
Approved as to Form:
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Gary T. Ragghianti, City Attorney torney
MARIN COUNTY OPEN SPACE DISTRICT
___ C, I � td
President, Board of Directors
ATTEST: %
-Secretary C a
Date:
Approves
Tom Hendricks, Assistant County Counsel
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JOINT POWERS AGREEMENT
TH I S AGREEMENT Is made this 7 day of 197J, by and
between HkRIN COUNTY OPEN SPACE DISTRICT, hereinafter referred to as "District",
COUNTY OF KARIN, by and through COUNTY SERVICE AREA NO. 23, hereinafter referred
to as "CSA 23", and CITY OF SAN RAFAEL, hereinafter referred to as "City".
RECITALS
A. MARIN COUNTY OPEN SPACE DISTRICT, a public district, COUNTY OF MARIN,
a political subdivision of the State of California, acting by and through COUNTY
SERVICE AREA NO. 23, and CITY OF SAN RAFAEL, a municipal corporation, are each
a "public agency" within the meaning of Government Code Section 6502 and desire
to enter into a joint exercise of powers agreement pursuant to the provisions
of California Government Code Section 6500, et seq. for the consideration and
upon the reasons and conditions hereinafter set forth.
S. The purpose of this Agreement is to provide funding for the purchase
of properties hereinafter described, for open space purposes, by CSA 23, District-
and
istrict-
and City, and for the management thereof, said lands being situated within th--
unincorporated area of the County of Marin and within City.
C. CSA 23 was formed for the express purpose of raising revenue through
a general obligation bond issue which was approved by the voters at an election
on November 4, 1975, within the area of the County to be benefited, to purchase
and maintain the properties described herein as open space lands for recrea-
tional and scenic purposes and to avoid urban congestion.
D. City and District desire to participate in the acquisition of the
lands designated as properties recommended for possible purchase by CSA 23,
said properties being identified on the area drawing attached hereto and made
a part hereof by reference and designated Exhibit 1, and CSA 23 has entered
and wi l l zl�.nter into cert&in options to purchase the said properties.
NOW, THEREFORE, it is mutually understood and agreed as follows:
1. PROPERTY. The parties hereto agree to each and every c-ondition
contained in those certain option agreements attached hereto as exhibits and
incorporated herein by reference, and agree to jointly purchase the properties
described therein. These option to purchase agreements are as follows:
a. The "Freitas" parcel, consisting of approximately 209 acres
and described more particularly In that certain option agreement marked
Exhibit 2;
b. The "Nunes" parcel, consisting of approximately 459 acres and
described more particularly in that certain option agreement marked Exhibit 3;
c. The "Turski" parcel, consisting of approximately 20 acres and
described more particularly in that certain option agreement marked Exhibit 4.
2. ADDITIONAL PROPERTIES. Additional properties under consideration
for acquisition by CSA 23 are referred to, for purposes of this Agreement, as
the "De Long" parcel (portions of Marin County Assessor's Parcels Nos. 165-010-49
and 165-010-64), containing approximately 50 acres, which lands are designated
for possible purchase, identified on Exhibit 1.
It is specifically understood 'and agreed that, as' opti ons are ob-
tained by CSA 23 for the purchase of such additional properties, mutually
acceptable amendments will be required to this Agreement to incorporate herein
such option agreements, and that ratification of such amendments requires the
immediate attention and action of each of the parties.
Such additional properties have been designated for possible pur-
chase by CSA 23 for the purposes described herein, the purchase price of which
shall be funded as hereinafter set forth.
3. FUNDING. The funding for the purchase of such properties shall
be in accordance with the schedule entitled "Funding - Terra Linda Open Space
Program", attached hereto and incorporated herein as Exhibit 5, and more par-
ticularly as follows:
a. On or before March 1, 1976, City shall pay into escrow account
95216-A,B,C,D&E-RLT at First American Title Company of Marin, 600 Fifth Avenue,
San Rafael, California, to be used for the purchase of the "Freitas" parcel
(Exhibit 2) , ' the sum of $500,000.
b. District shall pay into escrow account 33272 -MP at Pacific
-Coast Ti tie Company of Marin, 900 Hlssion Street, San Rafael, California, to
be used for the purchase of the "Nunes" parcel (Exhibit 3), the sum of $500,000
in installments, in the amounts and on the dates as set forth in Exhibit 5 and
repeated herein as follows:
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January
1, 1977
$ 3,700
January
1, 1978
120,000
January
1, 1979
120,000
January
1, 1980
75,000
January
1, 1981
181,300
Total Payment $500,000
c. CSA 23 shall, as expeditiously as possible, arrange for the mar-
keting and sale of the entire bond issue approved by the voters at the election
on November 4, 1975, or such lesser amount as may be appropriate in the discre-
tion of its directors to purchase the open space properties then under option
as specified in paragraph 1 above, and such of the other properties referred to
in paragraph 2 for which funds are available.
d. Upon said sale of bonds. as provided herein, CSA 23 shall pay:
into escrow account 95216-A,B,C,D&E-RLT at First American Titie Company of Marin,
600" Fifth Avenue, San Rafael, California', the sum of $250,000 on or before
March 1, 1976, plus all title insurance, escrow and closhng costs; into escrow
account 33272 -HP at Pacific Coast Title Company of Marin, 900 Msssion Street,
San Rafael, California, the sum of $180,000 on or before April 1, 1976, plus
all title insurance, escrow and closing costs; and into escrow account 33538 -HP
at Pacific Coast Title Company of Marin, 900 Mission Street, San Rafael, Cali-
fornia: the sum of $71,545 on or before March 1, 1976, plus all title insurance,
escrow and closing costs; and thereafter all installments in the amounts and
on the dates set forth in Exhibit 5.
e. At such time as requested by City, CSA 23 shall pay an amount
not to -exceed $200,000 for the purchase of the "Oak Hill" property, described
in Exhibit 1, it being understood and agreed that said CSA contribution is to
be used only for the direct cost of land and that any other costs associated
with the "Oak Hill" acquisition and any amount in excess of $200,000 for the
direct cost of the land shall be paid by City.
f. Funds obtained by CSA 23 through said bond issue, or otherwise,
in excess of immediate or projected requirements for purchase and costs of the
described or subsequently added properties may be expended as the Board of Di-
rectors of CSA 23 shall, in its discretion, from time to time determine.
g. it is understood and agreed that the sums to be paid by City
and District, as herein provided, set forth the entire contribution that said
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parties will make toward the purchase of' the said properties. Except as other-
wise herein provided, CSA shall pay all costs of title insurance, surveying,
escrow and closing costs, bond sale and all other expenses Incurred as a result
of land acquisition pursuant hereto.
4. MANAGEMENT AND TITLE. The management and title of the properties
purchased hereunder shall be as follows:
a. The title to the ''Freitas" and "Nunes" parcels shall be held
Join.tly by City, District and CSA 23; City shall hold title to "Oak Hill";
City and CSA 23 shall Jointly hold title to the "Turski" parcel.
b. City shall maintain and manage the "Freitas" and "Nunes" proper-
ties (Exhibits 2 and 3) in accordance with the open space management policies
of City and of District, attached hereto as Exhibits 6 and__7 and by this refer-
ence made a part hereof; subject to concurrence of District and CSA 23 with
any changes in said policies as such changes may apply to the "Freitas" and
"Nunes" parcels. In consideration of such management and maintenance, District
shall pay to City, for each fiscal year (July 1 -June 30) that this section of
this Agreement is in force, the amount of $7.50 per acre managed pursuant to
this section. Said payment shall be made in equal installments on January lst
and May 1st of each fiscal year. City and District agree that the amount of re-
imbursement may be revised by mutual agreement for each fiscal year based on
actual costs, the first such revision not to occur prior to the first fiscal
year following the fiscal year in which all the "Freitas" and "Nunes" properties
are acquired pursuant to this Agreement.
c. City shall have responsibility for police and fire protection of
properties purchased pursuant to this Agreement, including issuance of use permit
d. City shall maintain, manage and control the "Turski" property
(Exhibit 4) in accordance with the open space management policies of City (Exhi
-
bit 6), subject to concurrence of CSA 23 with any change in said policies as
they may apply to the "Turski" parcel.
e. CSA -23 agrees to pay City an amount not to exceed $12,000 from
bond proceeds for the purpose of necessary improvements to the subject properties
(other than "Oak Hill") to restrict vehicular access in accordance with applicabi
management policies. Said sum to be paid on demand based on submitted specifical
and cost estimates for the work to be performed. Payments to be subject to the
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availability of bond funds for tKis purpose. City's expenditures pursuant to
this section to be subject to audit on request by CSA 23 at no cost to City.
f. Upon joint determination by City and District that extraordinary
maintenance resulting from natural causes* Is requi red' on* the "Freitas' and "Nunes"
properties, City and District agree to conduct the repair necessary to remedy,
alleviate, modify or correct the problem. For the purpose of this Agreement,
extraordinary maintenance shall be defined as any repair as described above
costing in excess of $1,000. The cost of this extraordinary maintenance shall
be divided equally between District and City.
5. DUTIES OF AUDITOR. The County Auditor on behalf of CSA 23 shall be
accountable for all funds received by it and shall make written reports to.City
and District of all its receipts and disbursements in connection therewith.
Such written reports shall be made at least annually and at such other reason-
able times as requested by City or District.
6. GOVERNMENTAL ACTION. The parties agree to take any and all govern-
mental action necessary to achieve and effectuate the purpose of this Agreement.
7. INDEMNITY. It is mutually understood and agreed:
a. That neither County by and through CSA 23 nor District, nor any
officer, agent or employee thereof, shall be responsible for any damage or lia-
bility occurring by reason of anything done or omitted to be done by City under
or in connection with any work, authority or jurisdiction delegated to City
under this Agreement. It is also understood and agreed that pursuant to Govern-
ment Code Section 895.4, City shall fully -indemnify and hold CSA 23 or District
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by
City under or in connection with any work, authority or jurisdiction delegated
to City under this Agreement.
b. That neither City nor any officer or employee thereof is re-
sponsible for any damage or liability occurring by reason of anything done or
omitted to be done by CSA 23 or District under or in connection with any work,
authority or jurisdiction delegated to GSA 23 or District under this Agreement.
it is also understood and agreed that, pursuant to Government Code Section 895.4,
CSA 23 or District shall fully indemnify and hold City harmless from any liabilit
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imposed for injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by CSA 23 or District under
or in connection with any work, authority or Jurisdiction not delegated to City
under this Agreement.
8. TERMINATION. This Agreement may be terminated at'any time by mutual
consent of all the parties hereto or by City and one other party. Upon such
termination, any property acquired under this Agreement shall be distributed
among all the parties hereto taking into account the respective contributions
of each of said parties to the cost of each of said properties; and any surplus
money in possession of CSA 23 upon such termination, and after the payment of
all costs, expenses and charges validly incurred under this Agreement, shall
be distributed to the parties in proportion to thei r various contributions toward
each of the properties as determined by the Board•of Directors of CSA 23.
IN WITNESS WHEREOF, the parties hereto hava hereunto set their hands
the day and year -first above written.
ATTEST:
�/ �/ Cc-• ZL..: Lam' G' ,� a a
MARION A. GRADY, City Clerk/
MARIN COUNTY OPEN SPACE DISTRICT
By
COUNTY SERVICE AREA NO. 23
By a• (a - .
CITY OF SAN RAFAEL
By
61&41tElIZ�
C. PAUL BETTINI, Mayor