HomeMy WebLinkAboutCC Resolution 11547 (N. San Pedro Rd. Underground Assess. Dist. Formation)RESOLUTION NO. 11547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE COUNTY OF MARIN
AND THE CITY OF SAN RAFAEL CONCERNING THE
FORMATION OF THE NORTH SAN PEDRO ROAD
UNDERGROUND ASSESSMENT DISTRICT
WHEREAS, the COUNTY OF MARIN ("COUNTY", herein), utilizing Rule 20A funds
has formally established the North San Pedro Road Underground Assessment District
("NSPRUAD") for the purpose of relocating overhead electric, telephone and cable utility service
to underground facilities, by adoption of a Resolution, copy attached and incorporated herein as
Exhibit "A"; and
WHEREAS, the COUNTY desires to include within its NSPRUAD Golf Avenue which is
located within the corporate limits of the CITY OF SAN RAFAEL ("CITY", herein) and to that
end, COUNTY duly notified said property owners on Golf Avenue of the formation of the
NSPRUAD pursuant to COUNTY's applicable ordinance; and
WHEREAS, the Streets and Highways Code section 5000 et seq., the "Improvement Act of
1911" permits the public agency forming a district for certain public improvements to include
contiguous land areas within another agency's jurisdiction upon the approval of the legislative
body of that other agency (section 5115); and
WHEREAS, CITY desires to permit COUNTY to include in its NSPRUAD Golf Avenue
which is located within CITY's corporate limits; and
WHEREAS, COUNTY desires to include in its NSPRUAD Golf Avenue which is located
within CITY's corporate limits;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1) adopts the Resolution approving a Memorandum of Understanding between COUNTY
and CITY concerning the formation of the North San Pedro Road Underground
Assessment District.
2) consents to the inclusion of Golf Avenue within said Underground Assessment District.
3) authorizes the City Manager to execute this Memorandum of Understanding and take
any and all necessary actions necessary to complete this action.
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 San Rafael
City Council held on the 17th day of May, 2004, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
I .
JE M. LEONCINI, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
RAFAEL AND THE COUNTY OF MARIN CONCERNING THE
FORMATION OF THE NORTH SAN PEDRO ROAD UNDERGROUND
UTILITY DISTRICT (GARDEN AVENUE TO LA PASADA)
This Memorandum of Understanding is made and entered into this day of May,
2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the COUNTY OF
MARIN (hereinafter "COUNTY").
WHEREAS, the COUNTY, utilizing Rule 20A funds has formally established the North
San Pedro Road Underground Assessment District ("NSPRUAD") for the purpose of relocating
overhead electric, telephone and cable utility service to underground facilities, by adoption of
Resolution 2002- 23 , copy attached and incorporated herein as Exhibit "A"; and
WHEREAS, the COUNTY desires to include within its NSPRUAD Golf Avenue which is
located within the corporate limits of the CITY and to that end, COUNTY duly notified said
property owners on Golf Avenue of the formation of the NSPRUAD pursuant to COUNTY's
applicable ordinance; and
WHEREAS, the Streets and Highways Code section 5000 et seq., the "Improvement Act of
1911" et seq. permits the public agency forming a district for certain public improvements to
include contiguous land areas within another agency's jurisdiction upon the approval of the
legislative body of that other agency (section 5115); and
WHEREAS, CITY desires to permit COUNTY to include in its NSPRUAD Golf Avenue
which is located within CITY's corporate limits; and
WHEREAS, COUNTY desires to include in its NSPRUAD Golf Avenue which is located
within CITY's corporate limits.
NOW, THEREFORE, the parties hereby agree as follows:
' _ ll�I�►` I�1�
The purpose of this Agreement is: 1) to clearly express the intent, agreement and
understanding of the COUNTY and CITY with regard to the COUNTY's establishment and
construction of the NSPRUAD for the purpose of relocating overhead power, telephone and cable
lines underground along North San Pedro Road from Garden Avenue to La Pasada, a small portion
1
of which lies within the corporate limits of the CITY; and 2) for the CITY to delegate to the
COUNTY and COUNTY to accept delegation from the CITY, authority to include in COUNTY's
NSPRUAD, Golf Avenue which is located within the corporate limits of CITY, as authorized by
section 5115 of the California Streets and Highways Code.
A. "District" shall mean the North San Pedro Road Underground Assessment District
("NSPRUAD"), as established by COUNTY's Resolution No. 2002- 23 , Exhibit "A", attached
and incorporated herein and as revised.
B. "City" shall mean the City of San Rafael.
C. "County" shall mean the County of Marin.
►I M IKK811111A11 WEN M 14110
A. CITY. The CITY's Public Works Director shall be the representative of the CITY
for all purposes under this Agreement and shall supervise all aspects of the execution of this
Agreement.
B. COUNTY. The COUNTY's Public Works Director shall be the representative of
the COUNTY for all purposes under this Agreement and shall supervise all aspects of the
execution of this Agreement.
4. DUTIES C)F C TTV.
A. CITY hereby delegates to COUNTY authority to include in its NSPRUAD, Golf
Avenue which is located within the corporate limits of CITY as more specifically delineated in the
map attached as Exhibit `B".
B. CITY shall cooperate fully with COUNTY in COUNTY's establishment,
construction, operation, maintenance and repair of DISTRICT and DISTRICT's facilities
including those portions of the DISTRICT located on Golf Avenue within the corporate limits of
CITY as more specifically delineated in the map attached as Exhibit `B".
C. CITY shall have no financial or other obligation for establishment, construction,
operation, maintenance and repair of DISTRICT and DISTRICT's facilities including those
portions of the DISTRICT located on Golf Avenue within the corporate limits of CITY as more
specifically delineated in the map attached as Exhibit `B".
gENEF01111►
COUNTY shall be solely responsible for the establishment, construction, operation,
maintenance and repair of DISTRICT and DISTRICT's facilities.
z
MEMEWMis a IM 111 ►
This Agreement shall remain in full force and effect for as long as DISTRICT remains in
existence, unless terminated earlier by mutual agreement of the parties.
A. COUNTY shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in
any way, in whole or in part, from any acts or omissions of COUNTY or COUNTY's officers,
agents and employees in the performance of their duties and obligations under this Agreement.
B. CITY shall indemnify, release, defend and hold harmless COUNTY, its officers,
agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including attorneys fees and administrative costs, arising out of or resulting in
any way, in whole or in part, from any acts or omissions of CITY or CITY's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Andrew Preston, Director of Public Works
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
TO COUNTY: Farhad Mansourian, Director
Public Works Department
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903
► ; 111 ► : 1/ ► 1 1/I
The ternis and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to
the subject matter of this Agreement. The terms and conditions of this Agreement shall not be
altered or modified except by a written amendment to this Agreement signed by the COUNTY and
the CITY. If any conflicts arise between the terms and conditions of this Agreement, and the terms
3
and conditions of the attached exhibits or the documents expressly incorporated by reference, the
terms and conditions of this Agreement shall control.
10. APPT,TI ARLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
• C�
Rod Gould, City Manager
ATTEST:
� .
anne M. Leoncini, City Clerk
FORM:
COUNTY OF MARIN
President, Board of Supervisors
ATTEST:
County Clerk
APPROVED AS TO FORM:
&ry T. R�ghianti, Qity Attorney County Counsel
4
RESOLUTION NO. 2002-23
RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS
ESTABLISHING UNDERGROUND DISTRICT NO. 02-01
LOCATED ALONG NORTH SAN PEDRO ROAD
FROM GARDEN AVENUE TO LA PASADA
WHEREAS, a public hearing was called for December 12, 2001, to ascertain whether
the public necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures, and the underground installation of wires and facilities for
supplying electric, communication, or similar or associated service, within that certain area of
the County described as follows: North San Pedro Road from Garden Avenue to La Pasada.
WHEREAS, all those properties contained within the boundary of the proposed
underground utility district as shown on the map attached hereto marked "Exhibit A", entitled
"County of Marin Underground Utility District No. 02-01" and dated February 26, 2002; and
WHEREAS, such notice of such hearing has been given to all affected property owners
as shown on the last equalized assessment roll and utilities concerned in the manner and for
the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons interested
have been given an opportunity to be heard;
WHEREAS, the Board of Supervisors determined after a hearing on the subject that the
Underground Utility District herein created is in the general public interest for the following
reasons:
1) The undergrounding to be accomplished will avoid or eliminate an
unusually heavy concentration of overhead distribution facilities.
2) The streets, roads or right of way in the district are extensively used by the
general public and carry a heavy volume of pedestrian and vehicular traffic.
3) The undergrounding to be accomplished will result in increased safety for
pedestrian and vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Marin, that pursuant to County Code Chapter 13.52 of the County of Marin, the above described
area is hereby declared an Underground Utility District, and is designated. as Underground
Utility District No. 02-01 of the County of Marin. Attached hereto, marked Exhibit "A", and
hereby incorporated as a part of this resolution, is a map delineating the boundaries of said
District.
RESOLVED FURTHER, that the Board of Supervisors does hereby fix June 1, 2003,
plus any necessary extensions deemed appropriate by the Director of Public Works due to
construction scheduling, as the date on which affected property owners must be ready to
receive underground service and must be ready for trenching to begin.
RESOLVED FURTHER, that the electric utility which undertakes underground
installation of its facilities shall use the underground conversion allocation computed pursuant to
decisions of the Public Utilities Commission of the State of California for the purpose of
Page 1 of 3
EXHIBIT A
providing to each property in said Underground Utility District which requires it, a maximum of
one hundred feet of individual electric service trenching and conductor, as well as backfill,
paving and conduit, if required. Each other serving utility will provide service trenching and
conductor in accordance with its tariffs on file with the California Public Utilities Commission or
as required by its Franchise Agreement with the County of Marin.
RESOLVED FURTHER, each property owner in Underground Utility District No. 02-01
shall be responsible for any associated trenching and conductors (as well as backfill, paving and
conduit if required) beyond the initial one hundred feet as described above. The County shall
waive the necessary permit fees for such work required of each property owner.
RESOLVED FURTHER, that the County of Marin shall exercise its option to use up to
$1,500 of allocation funds per panel conversions which shall be based on the total amount of
connections in the district.
RESOLVED FURTHER, that the Board of Supervisors does hereby fix December 31,
2005, plus any necessary extensions deemed appropriate by the Director of Public Works due
to construction scheduling, as the date on which utility conversions from overhead to
underground must be completed.
RESOLVED FURTHER, that the Board of Supervisors does hereby fix May 1, 2005, as
the date by which all trenching on North San Pedro Road must be completed to allow for
roadway resurfacing.
RESOLVED FURTHER, that the Board of Supervisors does hereby fix December 31,
2005, plus any necessary extensions deemed appropriate by the Director of Public works due to
construction scheduling, as the date by which all poles, overhead wires and associated
overhead facilities for supplying electric power, communications, and cable television services
shall be removed from the Underground Utility District 02-01 as shown on Exhibit "A".
RESOLVED FURTHER, that notwithstanding any other provisions of Chapter 13.52,
street lighting and the associated poles is exempt from the restrictions of the Underground Utility
District.
RESOLVED FURTHER, that the Clerk of the Board of Supervisors is hereby instructed
to notify all affected utilities and all persons owning real property within Underground Utility
District No. 02-01 of the adoption of this resolution within ten (10) days after the date of such
adoption. Said Clerk shall further notify said property owners of the necessity that, if they or any
person occupying such property desire to continue to receive electric communication or other
similar or associated service they or such occupant shall, by the date fixed in this resolution,
provide all necessary facility changes on their premises so as to receive such service from the
lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations
and tariffs or the respective utility or utilities on file with the Public Utilities Commission of the
State of California. Such notification shall be made by mailing a copy of said Chapter 13.52, to
affected property owners as such are shown on the last equalized assessment roll and to the
affected utilities.
Page 2 of 3
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Marin held on this 26th day of February, 2002, by the following vote:
AYES: SUPERVISORS John B. Kress, Harold C. Brown, Jr., Steve Kinsey,
Annette Rose, Cynthia L. Murray
NOES: NONE
ABSENT: NONE
ATTEST:
CLERK
4'6q� c5p"
PRESIDENT, BOARD OF SUPERVISORS
Page 3 of 3
tmiLt i r ►►A►►
DESCRIPTION FOR
COUNTY OF MARIN UNDERGROUND UTILITY DISTRICT
NO. 02-01
DATED FEBRUARY 26, 2002
Beginning at a point on boundary common to the City of San Rafael and the County of Marin,
the point also being at the intersection of the southerly line of North San Pedro Road and the
projection of the easterly line of Golf Avenue; thence from said Point of Beginning northerly
along the easterly line of Golf Avenue and the City/County boundary line to the northwest comer
of Assessor's Parcel Number (APN) 179-171-15; thence leaving the easterly line of Golf Avenue
along the northerly line of APN's 179-171- (15, 14, 13, 28, 29, 27) crossing Jefferson Avenue
along the northerly line of APN's 179-172- (15, 14, 13, 12, 11, 10) to the westerly line of
Washington Avenue; thence southerly along the westerly line of Washington Avenue and the
easterly line of APN 179-172-10 to a point southerly of the first joint power pole northerly of
North San Pedro Road; thence easterly and perpendicular to the..westerly line of Washington
Avenue to the easterly line of Washington Avenue and westerly line of APN 179-173-36; thence
northerly along the easterly line of Washington Avenue to the northwesterly corner of APN 179-
173-36; thence easterly along the northerly line of APN's 179-173-(36, 37, 35, 38, 11, 34) to the ,
westerly line of Roosevelt Avenue; thence southerly along the westerly line of Roosevelt Avenue
to a point southerly of the new joint power pole established as part of the Rule 20
Undergrounding Project;, thence easterly and perpendicular to the westerly line of Roosevelt
Avenue to the easterly line of Roosevelt Avenue and the westerly line of APN 179-174-11;
thence northerly along the easterly line of Roosevelt Avenue to the southwest comer of APN
179-174-12; thence easterly and northerly along the boundary of APN 179-174-12 to the
northerly corner of APN 179-174-12 and 179-174-11; thence easterly along the northerly line of
APN's 179-174- (11, 10) to the northeasterly comer of APN 179-174-10; thence continuing
easterly along a projection of the northerly line of APN's 179-174-(11, 10) across APN 180-362-
28 to a point on the easterly line of APN 180-362-28 to a point on the easterly line of APN 180-
362-28 and the westerly line of APN 180-362-20; thence southeasterly along the westerly line of
APN's 180-362- (20, 21, 22) to the northerly line of North San Pedro Road; thence easterly and
northerly along the northerly line of North San Pedro Road including Meriam Drive, Northview
Court, Schmidt 'Lane to the southwesterly comer of APN 180-181-31; thence northerly, easterly
and southerly along the boundary of APN 180-181-31 to the northerly line of North San Pedro
Road; thence easterly and northerly along the northerly line of North San Pedro Road including
Meadow Drive to the southwesterly comer of APN 180-182-41; thence northerly and easterly
along the westerly and northerly lines of APN's 180-182-(41, 40, 35, 27), APN's 180-133- (61, .
59, 58, 53, 15, 14, 13, 12, 11, 10, 09) to the northeast comer of APN 180-133-09; thence
southerly along the westerly line of APN's 180-133-(06, 07) to the northwesterly comer of APN
180-133-08; thence along the northerly line of APN 180-133-08 to the westerly boundary of
Mabry Way, thence continuing along a projection of the northerly line of APN 180-133-08 to the
easterly line of Mabry Avenue; thence along the boundary of Mabry Avenue northwesterly to the
southwest comer of APN 180-036-18; thence along the northwesterly line of APN 180-036-18 to
a point on the southwesterly line of APN 180-036-05; thence northwesterly to the southwesterly
comer of APN 180-036-05; thence northerly along the boundary and extension of APN 180-036-
05 to the northerly line of Birch Way; thence easterly and northerly along the northerly line of
Birch Way to the northwesterly line of North San Pedro Road; thence northerly and easterly
along San Pedro Road to a point on the easterly line of La Pasada said point also being the comer
of APN's 180-530-(11, 12); thence southerly in a straight line to a point on the southerly line of
North San Pedro Road the point also being at the westerly end of a tangent on APN 180-191-06
having a bearing of South 66°40' West; thence westerly and southerly along the southerly line of
North San Pedro Road to the westerly comer of APN 180-241-06 and the northeasterly line of
North San Pedro Road; thence northerly, southeasterly and southwesterly along APN 180-241-05
to the northeasterly line of North San Pedro Court; thence along North San Pedro Court and
Oxford Drive to thecomer of APN's 180-241-(27, 28); thence in a straight line across Oxford
Drive to the comer of APN's 180-243-(15, 27); thence along the southeasterly line of Oxford
Way to the beginning of the northeasterly line of Granlee Road; thence in a straight line across
Granlee Road to the beginning of Granlee Road and Oxford Drive; thence along the westerly line
of Granlee Road southerly to the southerly line of APN 180-183-06; thence southwesterly along
the southerly line of APN's 180-183-(06, 08, 01) to the westerly comer of APN 180-183-01;
thence northwesterly along the southwesterly line of APN 180-183-01 to the southeasterly line of
North San Pedro Road; thence southwesterly along the southeasterly line of North San Pedro
Road including Oakcrest Road, Woodoaks Road to the northeast comer of.A.PN 180-281-34;
thence southeasterly along line between APN 180-281-34 and 180-281-35 to a point, the point
being on an easterly projection of the southerly line of APN 179-312-29 and 179-312-28; thence
westerly along said projection line of APN's 179-312-(29, 28) across APN's 179-321-(38, 36,
37) to the southeasterly corner of APN 179-312-29; thence southwesterly along the southerly
line of APN's 179-312- (29, 28, 27, 24, 23, 22, 21, 20, 19, 18, 17, 16) to the westerly comer of
APN APN 179-312-16; thence northerly along the westerly line of APN 179-312-16 to the
southerly line of North San Pedro Road; thence westerly along the southerly line of North San
Pedro Road to the Point of Beginning said point being on the southerly line of North San Pedro
Road and the boundary common to the City of San Rafael and County of Marin.
f lsc=tarylhobbslsurveydescriptionslrule 20 undergrounding assess district.doc
bcc: Supervisor Kress
Mehdi Madjd-Sadjadi
Farhad Mansourian
Bob Beaumont
K-eVin--N!%..Gu w cul
Reuel Brady
F:1cp roads\PLANS&SPECS\2001Projects\ECR887NSanPedroRoad-Rule 20A\Letters\030102NSPR-Notice.doc
Q1
^ � Z
tt \
1
O
OZ
^^JCP
TA
a
19
1p 6'
n, 1 n
1 ^ U
- O
^
N
c^ �tC-11 z
t-
C�l
IQA
o U
6 � � �t s� �� r �, sit J� s � `- ■ �
L
'G °tel C � 00 �°' d � /, • `\ k�
O co
a
CIO \C, C9
c � �
Ms o L
o L a-+ Q
i Z!Z.
a v 013
CL a a
U U a rcna
O
ce
LM
75 _
_ V1
4w
W L
O
z