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HomeMy WebLinkAboutResolution No. 6342 (Lease State Land to Central Marin Sanitation Agency)RESOLUTION NO. 6342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A LEASE OF STATE TIDE AND SUBMERGED LANDS TO CENTRAL MARIN SANITATION AGENCY WHEREAS, the State of California, by virture of Chapter 83 of the Statutes of 1923, as amended by Chapter 178 of the Statutes of 1967, as amended by Chapter 1383 of the Statutes of 1970 and as amended by Chapter 1742 of the Statutes of 1971 has granted all the right, title, and interest of the State in and to all the salt marsh, tide, and sub- merged lands, whether filled or unfilled, located within the boundaries of the City of San Rafael and situated below the line of mean high tide of the Pacific Ocean or any harbor, estuary, bay, or inlet within its boundaries to the City, to be held by the Ctiy and its successors in interest subject to the trusts set forth in the Statutes, and for the purposes of commerce, navigation, and fisheries and all appurtenances thereto, including the canal; and WHEREAS, the City of San Rafael adopted Resolution 6087 setting forth the guidelines for the lease or permit of unfilled State tide and submerged lands held in trust by the City of San Rafael; and WHEREAS, the Central Marin Sanitation Agency has filed an application for lease of state tide and submerged lands to construct an 84 -inch diameter submarine outfall conduit; and WHEREAS, staff has prepared a lease referenced as "Exhibit A" attached hereto and forming a part hereof, said "Exhibit A" setting forth the terms and conditions of a 50 year lease; and WHEREAS, a copy of the lease has been submitted to the State Lands Commission for review and comment; and WHEREAS, the proposed lease does not authorize any dredging nor the removal of spoils from the leased area, the 1923 grant and amendments thereto having reserved all oil, gas and minerals therefrom to the State; and WHEREAS, the City has made an environmental review of the environment determinations of the lead agancies, the Environmental Protection Agency, the Regional Water Quality Control Board, and the San Rafael Sanitation District, and find that an independent EIR pre- pared by the City is not necessary. ORIC"WINAL RESOLUTION NO. 6342 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that : 1. The City Council finds and determines that a Notice of Determination be filed with the County Clerk that the environmental documents of the lead agencies have been review and that the City recognizes that the certified Negative Declaration adequately address the proposed lease as part of the project and conforms with the requirements of the California Environmental Quality Act of 1970, as amended; and 2. Under the trust powers conveyed to the City of San Rafael, that the Mayor is authorized and directed to sign the attached lease referenced as "Exhibit "A". I, JEANNE M. LEONCINI, 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 the twenty-first day of June , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Jensen - jf�� X AAo--��7e JE E . LEONCINI, City Clerk