The URL can be used to link to this page

Home My WebLink AboutResolution No. 5051RESOLUTION N0. 5051 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with THE MARIN COUNTY FLOOD CONTROL DISTRICT A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City 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 Monday the 6th _ day of October 19 75 , by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini f / / Cc�liG�v�"— �• / d / Gc G MARION A. GRADY - City Clerk ORIPII�A[ J01NT POWERS AGREEMENT RE: MAINTENANCE AND ADMINISTRATION OF FLOOD CONTROL FACILITIES THIS AGREEMENT, made and entered into this day of , 1975, by and between the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter referred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY": W I T N E S S E T H: WHEREAS, the parties herto are duly constituted public agencies and possess the common power to operate and maintain flood control facilities and have the power to expend public funds for such purposes pursuant to Water Code, Appendix Chapter 68 and Government Code Sections 6500, et. seq.; and WHEREAS, the District presently maintains and administrates Zone #6 an area whose boundaries are depicted upon Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the City proposes to annex the entire Zone #6 area; and WHEREAS, it is necessary and in the public interest for the City and the District to work cooperatively in the administration and maintenance of the flood control facilities within Flood Control Zone #6; and WHEREAS, the City has agreed to participate in the normal maintenance and administration costs of the flood control facilities of Zone #6 in order to discharge its responsibilities in connection therewith and to insure the proper operation of said facilities; and WHEREAS, it is mutually advantageous for the parties hereto to contract for the cooperation of said parties in connection with the normal maintenance and administration of said flood control facilities, in light of the general advancement of the public interest to be derived therefrom and the desire of the parties to resolve the flood control problems within said Zone; NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, the parties hereto hereby agree as follows: I. This agreement is made and entered into pursuant to the provisions of Section 6500, et. seq. of the Government Code of the State of California, and is for the purpose of assuring the normal maintenance and administration of flood control facilities within the aforesaid Zone A. The purposes of this agreement will be accomplished and the common powers exercised in the manner hereinafter set forth; 2. The City shall, at no expense to District: A) Perform normal maintenance work on said facilities In accordance with City maintenance policy. For the purpose of this agreement, normal maintenance shall consist of maintaining the existing Zone #6 flood control facilities in a condition similar to the condition in which they are found at the time this agreement is signed. The condition of existing facilities shall be deter- mined by an inspection and inventory of the existing drainage facilities in Zone #6. Such inspection and Inventory shall be performed jointly by District and City staff within ninety (90) days after execution of this agreement. Normal maintenance shall also include maintaining each major construction project after each major construction project has been completed by the District. Work performed under normal maintenance shall include the work described below and any other type of work approved by both parties: (1) Inspecting facilities to determine the need of normal maintenance; (2) Clearing channels of trash, debris and snags; (3) Maintaining unlined channels including removing silt build up and repairing damage caused by erosion; (4) Maintaining lined channels including desilting and repair of channel walls; -2- (5) Repairing and replacing fences if damaged by erosive action of flood and storm drainage water. B) Hold "DISTRICT" harmless and defend against all lawful claims which may ensue from the performance and/or from the results of said normal maintenance work and/or from methods which "CITY" uses to accomplish the over-all task of performing said normal maintenance work, ft being specifically understood that "CITY" is fully responsible for securing all necessary permissions, permits, and/or licenses for, and as part of, performing said normal maintenance work. 3. Further the City shall: A) Reimburse the District for the total direct adminis- trative costs incurred by District in administrating Zone #6 currently estimated not to exceed $1,500 per year. Said reimbursement for administrative services shall be made quarterly upon itemized billing by the District. B) Have the right to approve or disapprove the annual budget for Flood Control Zone #6. The District shall submit the proposed budget to the City by April Ist of each year. 4. The District shall: A) Perform all normal administrative functions associated with said Zone in accordance with applicable State regulations. B) Charge the City for all costs associated with said normal administrative functions at a rate not more than similar work done for the District is charged to the District. Normal administrative function costs are currently estimated not to exceed $1,500 per yea-. C) Keep and maintain records, for City's examination, of all men, material, equipment and/or outside services -3- which "DISTRICT" utilizes in the performance of said administrative work. D) Submit quarterly billings to City for said adminis- trative work, said billing shall include an accounting of all charges for men, material, equipment and/or outside services which "DISTRICT" shall have used for the performance of work. E) Continue to be responsible for raising funds for and doing all major construction, major channel realignment, and/or capital improvement projects which improve or upgrade the existing storm drainage system within the Zone. District funds raised by taxes within the Flood Control Zone shall be used exclusively for said major construction, major maintenance, major channel realign- ment and/or capital improvement projects which improve or upgrade the existing storm drainage facilities. F) Hold City harmless and defend against all lawful claims which may ensue from the performance and/or from the results of said major work and/or from methods which District uses to accomplish the over-all task of performing sa-id major work, it being speci- fically understood that District is fully responsible for securing all necessary permissions, permits, and/or licenses for, and as part of, performing said major work. 5. Neither of the parties, or any agents thereof, shall have the right or the authority to commit any other parties to any obligations in connection with this matter, except to the extent specifically set forth herein. 6. This agreement may be terminated or amended upon the mutual consent of the parties hereto. 7. This agreement shall become effective only after the City has annexed the Zone #6 area, and no sooner than July I, 1976. ME IN WITNESS WHEREOF, the parties hereto have caused the within Instrument to be executed by their duly authorized representatives the day and year first above written. ATTEST: County Clerk ATTEST: L - City Clerk !� -5- "DISTRICT" MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Chairman, Board of Supervisors "CITY" CITY OF SAN RAFAEL By Ma v '. C Co P �� \ 17 10 Zo 39 ' —2s-_! 2I • \ 40 • i X24 i r ,� ---+ 2\ ` r S� 12 I i -ip W g14 21 1' tt .. I L _ ? r'?6 J a 9a ` ..ss •'. Sf /! 1'" 3J W - /�ti/B 1'T•1+ 6 1 i 1 z� \ee Av£NuE ; Jo �l .03 . 2 3 _..J . 30 LAS GA .6s �9 '/' /02 3r� - 3 3O /p¢ 'OS r� A�r�4p'pVNUE 99 /yam � b 30 /0,6a � J � 1D r2 v-197 Mn -1 O 9B. p, D rd,; ti _ a. -��i ! z+ 1 LA 'fig ,, ,8,1 /B. ✓B 3 ._ - Kl'� S ,n,-1.4 ','31 AVENUE G a _� /,2.T �7i', Tl + nc 1 I v / i13 Z es 1 10Iyy- ) 1 1 t __"s �, psi .3, i /�►1:'J` �� 1 1 1 , 1 ., /� d, 9j S 1 34 �• 1 4�� a» WJE _ as =� 1L /I6 S�/ �� r� fq3 �'9P / OR B 1 -- 3 !?�,i- D.' -• � f�O. 87 ke rs- '�J' (v- -1' J c r 3 - s ►'1 i1 `'� "3 RRA .3 r32 33 \ -ir ` -�� =Z 1•�.b Z�'` / I 31 24 3C r2/ X32+\ (3 _Z�fT /q 1 23 �j ZZ � /7 I J. le / >s 4_ IN !' • `\\ SAN RAFAEL MEADOWS I �^- ( FLOOD CONTROL ZONTE #6 Scale 1"= 300' 1/30/61 r ; ^ F)QfIBIT "A" �