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