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HomeMy WebLinkAboutCC Resolution 14723 (Revocable License Agreement with SMART)RESOLUTION NO. 14723 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT _____________________________________________________________________ WHEREAS, in August 2017, the Sonoma-Marin Area Rail Transit District (SMART) commenced passenger service between Santa Rosa and San Rafael; and WHEREAS, SMART anticipates beginning passenger service from Downtown San Rafael to Larkspur in late 2019 as part of the Larkspur Extension; and WHEREAS, the City desires to establish a Quiet Zone for the Larkspur Extension, including the now-present private crossing at Jacoby Street; and WHEREAS, in order to establish a Quiet Zone at the Jacoby Street crossing, that crossing, privately owned by SMART, must be changed from a private crossing to a public crossing; and WHEREAS, to convert the private crossing at Jacoby Street to a public crossing the City proposes to enter into a revocable license agreement with SMART that will make the City liable for maintenance of the roadway at the crossing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Council hereby approves and authorizes the City Manager to execute a revocable license agreement with SMART for roadway maintenance at the Jacoby Street railroad crossing, preparatory to the establishment of a Quiet Zone at the Jacoby Street crossing, in a form approved by the City Attorney. 2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, 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 Council of said City on the 16th day of September 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey & McCullough LINDSAY LARA, City Clerk