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.
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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.
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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:
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��City to ney /
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MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Directors
ATTEST:
Secreta](y
APPROVED AS TO FORM:
County unsel p;01