HomeMy WebLinkAboutPW Transfer Streelights to MGSA____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-13-112 x 4-4-6
Council Meeting: 1/16/2018
Disposition: Resolution 14451
Agenda Item No: 5.j
Meeting Date: January 16, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin
Director of Public Works
City Manager Approval: __________
File No.: 01.16.01
TOPIC: Clarification of Marin General Services Authority Streetlight Ownership
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
TRANSFER OF OWNERSHIP OF CITY STREETLIGHTS TO THE MARIN GENERAL SERVICES
AUTHORITY (MGSA), AND DELEGATING AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO
TRANSFER STREETLIGHTS TO THE MGSA ON AN ONGOING BASIS.
RECOMMENDATION: Adopt the proposed resolution.
BACKGROUND: The Marin General Services Authority (MGSA) is a Joint Powers Authority (JPA) that is
composed of all cities towns in Marin County, as well as the County of Marin. MGSA administers a
variety of government programs that are either collaborative in nature or are more cost-effective to
administer collectively. The JPA was originally formed in 1985 as the Marin Street Light Acquisition
Authority to acquire streetlights from PG&E to save jurisdictions’ maintenance costs. The streetlights
were acquired through eminent domain in an action filed in Marin County Superior Court and resulted
at that time in over $500,000 of annual savings. The JPA also maintains liability insurance for the
streetlights.
Since 1986, the JPA has contracted for streetlight maintenance services for approximately 15,000
streetlights in Marin County, which excludes streetlights located in the town of Ross. MGSA was formed
in 2005 from the original JPA.
ANALYSIS: It is important that the ownership of any government property be clearly determined.
Subsequent to the 1985 eminent domain action, some jurisdictions have added streetlights through
developer street right-of-way dedication or renovated streetscapes with additional streetlights.
Although paperwork was developed to transfer streetlights on an ongoing basis to MGSA, it was not
consistently implemented over time.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
MGSA is requesting that all member jurisdictions’ governing bodies, whether they have new street lights
or not, pass a resolution to create legal clarity and implement this administrative clean-up. Passage of
the attached Resolution will result in a "blanket" transfer of any streetlights not originally part of the
1986 JPA action. The resolution also delegates authority to the Public Works Director to annually
transfer any streetlights dedicated to the jurisdiction to MGSA.
FISCAL IMPACT: There is no fiscal impact associated with this item.
ACTION REQUIRED: Adopt the resolution as presented.
ATTACHMENTS:
1. Resolution
1
RESOLUTION NO. 14451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
TRANSFER OF OWNERSHIP OF CITY STREETLIGHTS FROM THE CITY OF SAN RAFAEL TO THE
MARIN GENERAL SERVICES AUTHORITY (MGSA), AND DELEGATING AUTHORITY TO THE
PUBLIC WORKS DIRECTOR TO TRANSFER STREETLIGHTS TO MGSA ON AN ONGOING BASIS
WHEREAS, certain local agencies within the County of Marin formed the Marin Street
Light Acquisition Authority (“MSLAJPA”) in 1985 to acquire certain streetlights from PG&E; and
WHEREAS, the MSLAJPA did acquire those streetlights by eminent domain in 1986 and
it was decided that the MSLAJPA would retain title to the lights and provide a system of
countywide maintenance and insurance for the streetlights; and
WHEREAS, the MSLAJPA on behalf of its members has always had as a policy that any
new or replaced streetlights would be owned by the MSLAJPA; and
WHEREAS, the MSLAJPA subsequently became the Marin General Services Authority
(“MGSA”) and the streetlights were transferred to that joint p owers authority, of which the
City of San Rafael is a Member, and MGSA continues to contract for the maintenance of the
streetlights and maintain insurance for the streetlights; and
WHEREAS, it is beneficial to have one agency manage the maintenance contr act and
maintain insurance for the streetlights in Marin County as has been proven in the past and
such transfer of property is permitted by law under Government Code § 6508; and
WHEREAS, it is important the ownership of streetlights within Marin County b e certain
and not subject to any concepts of implied ownership or control;
NOW, THEREFORE, be it resolved that the City of San Rafael offers to transfer all
streetlight and associated facilities defined as a luminaire, mast arm, streetlight only pole and
associated wiring within the jurisdictional limits that previously have not been offered and
accepted by the Marin General Services Authority or its predecessor the Marin Street Light
Acquisition Joint Powers Authority. This offer will become effective up on acceptance by the
MGSA.
BE IT FURTHER RESOLVED that the Public Works Director is authorized to execute any
documentation required to carry out the transfers authorized herein, and is delegated the
authority hereafter to transfer streetlight ownership on an ongoing basis to the MGSA.
I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Tuesday, the 16th day of January, 2018 by the following vote, to wit:
2
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
______________________________
LINDSAY LARA, Interim City Clerk
Staff Report Author: Bill Guerin Date of Meeting: 01/16/2018
Department: Public Works
Topic: Clarification of Marin General Services Authority Streetlight Ownership
Subject: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE TRANSFER OF
OWNERSHIP OF CITY STREETLIGHTS TO THE MARIN GENERAL SERVICES AUTHORITY (MGSA), AND
DELEGATING AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO TRANSFER STREETLIGHTS TO THE MGSA ON
AN ONGOING BASIS.
Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing
☐ Discussion Item ☒ Resolution ☐ Ordinance
☐ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY
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Assistant City Manager
City Attorney
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DEPARTMENT REVISIONS
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