Loading...
HomeMy WebLinkAboutCC Resolution 7359 (Wetlands Mitigation Plan)RESOLUTION NO. 7359 RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN COUNTY OPEN SPACE DISTRICT FOR EAST SAN RAFAEL WETLANDS MITIGATION PLAN THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, THE JOINT POWERS AGREEMENT between the City of San Rafael and Marin County Open Space District for the East San Rafael Wetlands Mitigation Plan. 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 16th day of June, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli JE �r�-.LEONCINI, ity C erk EAST SAN RAFAEL WETLANDS MITIGATION PLAN: CITY/DISTRICT JOINT POWERS AGREEMENT WHEREAS, this agreement, made and entered into this day of -71 , 1986, 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", the purpose of which is to delineate District and City responsibilities for the East San Rafael Wetlands Mitigation Plan, as a joint exercise of powers agreement pursuant to the provisions of California Government Code Sections 6500, et seq. WHEREAS, the East San Rafael Bayfront is designated urban open space in the Marin Countywide Plan and Water -oriented Review Area in the City of San Rafael General Plan; and WHEREAS, the Marin County Open Space District is committed to the provision and the preservation of public open space along the Marin County edge of San Francisco Bay; and WHEREAS, on June 21, 1982, the City of San Rafael City Council approved the East San Rafael Wetlands Mitigation Plan with a consensus alternative endorsed by Federal, State, and local agencies and environmental organizations. Properties involved in the East San Rafael Wetlands Mitigation Plan are outlined in Exhibit "A"; and WHEREAS, the purpose of the East San Rafael Wetlands Mitigation Plan is to preserve and enhance ponds and season marshland areas and to allow filling of less environmentally sensitive wetlands in the East San Rafael area; and WHEREAS, funding to implement the East San Rafael Wetlands Mitigiation Plan has been committed by the City of San Rafael, the Marin County Open Space District, the San Francisco Foundation, and affected property owners, and an assessment district has been formed to implement the Mitigation Plan; and WHEREAS, on September 14, 1982, the Board of Directors of the Marin County Open Space District did commit $100,000 toward the provision of public open space through the implementation of the East San Rafael Wetlands Mitigation Plan; and WHEREAS, it is of mutual benefit to the parties hereto, in the public interest, and essential to consummate said wetlands plan that DISTRICT and CITY enter into a joint exercise of powers agreement for the consideration and upon the terms and conditions hereinafter set forth. - 1 - NOW, THEREFORE, it is mutually understood and agreed as follows: 1. DISTRICT agrees to grant no more than $100,000 for the purpose of implementing the East San Rafael Wetlands Mitigation Plan. Remaining monies necessary for project completion are the respon- sibility of the CITY. 2. CITY may use the $100,000 DISTRICT funds for any specific cost of the project directly related to the provision of shoreline public open space and the ecological health of shoreline wetlands; however, prior to acceptance of the funds the CITY shall indicate to the DISTRICT how the granted funds will be used. 3. CITY shall be responsible for the preservation of the levee and wetland areas of the Mitigation Plan as permanent public park/open space in perpetuity.. This responsibility shall not preclude changes deemed appropriate in the future which remain within park/open space use. 4. CITY shall take full responsibility for the management and maintenance of the parcels affected by the Wetlands Mitigation Plan. This shall include management and maintenance of the ponds, the peripheral landscaping, shoreline band and levee tidal gate, and public access. 5. CITY shall prepare a management/maintenance plan for the wetlands, landscaping and shoreline band which details practices to be used for regular maintenance and which includes consideration for the continuing ecological health of the wetlands and adjacent habitat. This management/maintenance plan shall be prepared by the CITY and reviewed by the DISTRICT General Manager within 6 months of execution of this agreement. At the time of the plan approval, the CITY shall appoint members to an advisory committee which will oversee on-going maintenance and management. Members of the committee shall include representatives from local wildlife organizations, CITY Public Works Department staff, CITY Planning Department staff, Mosquito Abatement District staff, and DISTRICT staff. 6. CITY has established a sinking fund of $10,000 which shall be exclusively utilized for management and maintenance of the ponds, peripheral landscaping, shoreline band and levee, tidal gate, and public access. The funds contributed by property owners are the source of this sinking fund through an assessment district. 7. Neither DISTRICT, nor any officer, agent or employee thereof, shall be responsible for any damage or liability 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. - 2 - It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold 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. 8. That the CITY shall account for all funds contributed by the District hereunder and shall provide DISTRICT with an accounting of all disbursements made hereunder. CITY OF SAN RAFAEL Mayor ATTEST: C &ylerk \ APPROVED AS TO FORM: ---� /Z- ��City to ney / - 3 - MARIN COUNTY OPEN SPACE DISTRICT President, Board of Directors ATTEST: Secreta](y APPROVED AS TO FORM: County unsel p;01