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HomeMy WebLinkAboutPW Baypoint Lagoons HOA MOUCITY of Agenda Item No: 3.f Meeting Date: July 5, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: (JS) File No.: 01.01.02.01 TOPIC: AMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION CONCERNING NEIGHBORHOOD STREETLIGHTS RECOMMENDATION: Adopt Resolution. BACKGROUND: The City of San Rafael owns over 4,400 street lights, several of which are located along public roads in the Baypoint Lagoon neighborhood. There are also ten privately owned street lights within the neighborhood. In February 2014, the Baypoint Lagoon Homeowners Association (BPLHOA) Board of Directors voted to replace the ten existing streetlights along the private roadways with custom, nautical -themed streetlights. The Association also requested the purchase and replacement of seventeen City -owned and maintained streetlights on the public roadways along Baypoint Drive and Baypoint Village Drive with the same nautical -themed streetlights. On February 17, 2015, City Council adopted resolution 13876 authorizing the Public Works Director to execute a Memorandum of Understanding (MOU) with the BPLHOA to replace and assume responsibility for the maintenance of these seventeen street lights. On January 26, 2016, the BPLHOA Board of Directors voted to replace the final three streetlights on Catalina Boulevard between Heron Court and Tern Court. The existing MOU must be amended to include these three additional street lights. Installation of the new street lights poles will be performed by the BPLHOA's on-call electrical contractor in accordance with an encroachment permit issued by the Public Works Department. FOR CITY CLERK ONLY File No.: 6-48 Council Meeting: 07/05/2016 Disposition: Resolution 14152 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2 ANALYSIS: The custom, nautical -themed streetlights the BPLHOA has requested are not the standard model the City of San Rafael uses. The City does not stock parts for maintenance nor would it be able to respond in case of an emergency. The BPLHOA has agreed to maintain these three additional streetlights permanently, without any cost to the City. The response times for emergency maintenance of these street lights will mirror standards the City follows for all other street lights. In an emergency, the on-call electrical contractor will respond within one hour from the time of notification during daylight hours and within two hours during evening hours. Routine and non -emergency requests shall be addressed within five days. OUTREACH: The Public Works Department has met with the BPLHOA property manager and the on- call electrician to assure compliance with all expectations. FISCAL IMPACT: There is no fiscal impact to the City for this project. The BPLHOA will pay for initial capital costs, and has agreed to maintain these streetlights permanently without any cost incurred by the City. OPTIONS: 1. Adopt resolution and authorize the City Manager to sign the amendment to a Memorandum of Understanding with the BPLHOA allowing the BPLHOA to replace and to assume maintenance of the additional three City -owned street lights; 2. Choose not to authorize the City Manager to sign the Memorandum of Understanding with the BPLHOA. Doing so will result in the BPLHOA not replacing the streetlights and the City's continued maintenance responsibility for the existing streetlights. ACTION REQUIRED: Adopt Resolution authorizing the City Manager to sign the amendment to the Memorandum of Understanding with the BPLHOA. Enclosures: - Resolution - Memorandum of Understanding (Exhibit A) - Letter of Support from Baypoint Lagoon Homeowner Association's Community Manager RESOLUTION NO. 14152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION CONCERNING NEIGHBORHOOD STREETLIGHTS WHEREAS, the City Council adopted Resolution No. 13876 on February 17, 2015 authorizing the Director of Public Works to enter into a Memorandum of Understanding dated March 24, 2015 (the "MOU") with the Baypoint Lagoon Homeowners Association (`BPLHOA") to allow the BPLHOA to replace seventeen City -owned streetlights with BPLHOA-purchased nautical -themed streetlights (hereafter, the "custom streetlights") along Baypoint Drive and Baypoint Village Drive; and WHEREAS, because the custom streetlights are not a standard model, and because the City does not have the capacity to maintain the custom streetlights nor to respond if a pole were knocked over, the MOU required the BPLHOA to assume maintenance and repair responsibilities for the custom streetlights at no cost to the City; and WHEREAS, pursuant to the MOU, the BPLHOA did purchase and install, and has maintained, seventeen custom streetlights; and WHEREAS, the BPLHOA has similarly requested the replacement of three additional City -owned streetlights along Catalina Boulevard with custom streetlights; and WHEREAS, the BPLHOA has agreed to maintain the three additional custom streetlights permanently and without any cost to the City of San Rafael; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The City Manager is authorized to execute an amendment to the MOU between the BPLHOA and the City, in a form approved by the City Attorney, expanding the scope of the MOU to include three City -owned streetlights on Catalina Boulevard. 2. The Director of Public Works is authorized to take all necessary actions in connection with the implementation of the MOU as so amended. I, ESTHER C. BEIRNE, 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 5th day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey ESTHER C. BEIRNE, City Clerk AMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION CONCERNING NEIGHBORHOOD STREETLIGHTS This Agreement is made and entered into this 614.. day of a-A_-'� , 2016, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL"), and the BAYPOINT LAGOON HOMEOWNERS ASSOCIATION (hereinafter "BPLHOA"), and forms an Amendment to that certain Memorandum of Understanding between the parties dated March 24, 2015, RECITALS WHEREAS, on March 24, 2015, SAN RAFAEL and BPLHOA entered into a Memorandum of Understanding (the "MOU") to allow the BPLHOA to replace seventeen SAN RAFAEL-owned streetlights with BPLHOA-purchased nautical -themed streetlights (hereafter, the "custom streetlights") along Baypoint Drive and Baypoint Village Drive; and WHEREAS, because the custom streetlights are not a standard model; and because SAN RAFAEL does not have the capacity to maintain the custom streetlights nor to respond if a pole were to be knocked over, the MOU provided for the BPLHOA to assume the maintenance and repair of the custom streetlights at no cost to SAN RAFAEL; and WHEREAS, pursuant to the MOU, the BPLHOA did purchase and install, and has maintained, seventeen custom streetlights; and WHEREAS, the BPLHOA now wishes to replace three additional SAN RAFAEL-owned streetlights along Catalina Boulevard with custom streetlights and SAN RAFAEL is willing to allow BPLHOA to do so on the same terms as provided in the MOU; NOW, THEREFORE, the parties hereby agree to amend the MOU as follows: AMENDMENT TO MOU 1. Paragraph 1 of the MOU, entitled "Purpose of Agreement", is hereby amended to read in its entirety as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to allow BPLHOA to replace twenty (20) standard City streetlights with custom designed streetlights purchased by BPLHOA, and to assume maintenance of these twenty (20) City -owned streetlights along Baypoint Drive, Baypoint Village Drive, Exhibit A Rev. date June 7, 2016 2. Paragraph 3 of the MOU, entitled "Duties of BPLHOA", is hereby amended by amending subparagraph A thereof to read in its entirety as follows: 3. DUTIES OF BPLHOA. A. BPLHOA shall be responsible for the maintenance of the twenty (20) City -owned streetlights located within its limits on a permanent basis. 3. Paragraph 4 of the MOU, entitled "Duties of SAN RAFAEL", is hereby amended by amending subparagraph A thereof to read in its entirety as follows: 4. DUTIES OF SAN RAFAEL. A. SAN RAFAEL shall be responsible for providing electrical service to the twenty (20) City -owned streetlights. 4. Except as expressly amended herein, all other provisions of the MOU, as executed on March 24, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. BAYPOINT LAGOON HOMEOWNERS ASSOCIATION JOHN AULANTJ III Property Manager ATTEST: CITY OF SAN RAFAEL JI SC UTZ, City an ger ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: La -r_ U ROBERT F. EPSTEIN Ci A�time City Y 2 BAYPOINT -LAGOONS ASSOCIATION - Januaty 28, 2016 Jim Scholtz City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Mr. Schultz, On behalf of the Baypoint Lagoons Board of Directors I am writing to advise you that at a meeting held on January 26, 2016, the Board formally approved the funds to complete their beautification project to install the final three light pole fixtures on Catalina Blvd., by Heron and Tern Courts. This approval was considered after the City of San Rafael revised their decision, which originally excluded the three Catalina light pole fixtures. Before the Baypoint Lagoons Association can order the light pole fixtures, we would require a written approval. Also is the City going to revise the Memorandum of Understanding that would include the three additional light poles? Randy Vignola of DC Electric will continue to be the point person for this project. Thank you for considering the request made by one of our owners. Sincere ly, T Ste han les, CCAM p Y Community Manager, Baypoint Lagoons Association cc: Board of Directors Dean Allison, Director of Public Works Dave Bonfilio, Baypoint Lagoons 35 Mitchell Blvd. Suite 5A San Rafael, California 94903 Tel 415 458-3537 Fax 415-458-3546 scharlesfacharlesps.com PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aeree ments/co n tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft U6/7/16 agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed /Ic originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for 7 /5%/ 6 - Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original _ agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Jeff Stutsman Project Name:_Baypoint Lagoon HOA lighting MOU Agendized for City Council Meeting of (if necessary): FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 7/5/2016 From: Bill Guerin Department: Public Works Date: 6/20/2016 Topic: AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND BAYPOINT LAGOON HOMEOWNERS ASSOCIATION Subject: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION CONCERNING NEIGHBORHOOD STREETLIGHTS Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: /_A1»:ZS]�/_AT4� ® Finance Director Remarks: Van Approved -no fiscal impact ® City Attorney Remarks: LG -Approved with minor revisions. ® Author, review and accept City Attorney / Finance changes Remarks: KM ® City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: