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HomeMy WebLinkAboutPW Creek Maintenance; Marin County Flood Control 2013CITY OF aft Agenda Item No: 3.q* Meeting Date: August 19, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: City Manager Approval: Director of Public Works (KM) File No.: 08.03.08 SUBJECT: RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT WITH MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the Public Works Director to execute the agreement with the County of Marin for creek maintenance. BACKGROUND: In the 1970's the citizens in the Rafael Meadows area of San Rafael, which is located west of Highway 101 and east of Ranchitos Road, formed Flood Control District 6 to manage drainage water entering Gallinas Creek. Creek maintenance is a vital piece of providing flood control for the properties in this area. For many years the Department of Public Works has maintained the vegetation within these ditches and tributaries that lead to Gallinas Creek. Traditionally the City hires the California Conservation Corps to maintain these drainage facilities. This agreement allows for partial reimbursement of this maintenance through the County Flood Control District 6. During years with heavy vegetation removal, additional cost in and above the $6,000 authorized amount can be incurred by the City; however, the work performed in the last few years has been within the noted amount. ANALYSIS: The scope of services is described in the agreement with the County as vegetation removal within five tributaries to Las Gallinas Creek, FISCAL IMPACT: This agreement will allow the City to be reimbursed for a total of $6,000 worth of creek maintenance through the County's Flood Control District 6. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN I RAFAEL CITY COUNCIL AGENDA REPORT / Pale: 2 The Council may choose not to authorize the Public Works Director to sign the agreement and direct staff to not enter into an agreement with the County. Reimbursement of maintenance fees will not be possible if this agreement is not pursued. Staff recommends that the City Council adopt the Resolution authorizing the Public Works Director to sign the agreement with Marin County Flood Control and Water Conservation District to maintain the drainage areas specified in the agreement. Enclosures (2) 1. Resolution. 2. Creek Maintenance Agreement RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT WITH MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City is seeking reimbursement for creek maintenance operations the City performs within the Rafael Meadows area; and WHEREAS, the Marin County Flood Control and Water Conservation District 6 has been set up in this area to prevent flooding; and WHEREAS, Marin County Flood Control and Water Conservation District is offering to reimburse the City for maintenance of specific drainage facilities within Flood Zone 6 in the amount of $6,000; and WHEREAS, staff has reviewed the agreement with Marin County Flood Control and Water Conservation District and found it to be within acceptable NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby approves the creek maintenance agreement with Marin County Flood Control and Water Conservation District; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Creek Maintenance Agreement in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is- hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. V - 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 19th day of August, 2013, by the following vote, to wit: AYES: COUNCIL MEMBERS.- Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS-, None e5srzzax. 4_lllo - 29.4p -e 0.4" - ESTHER C. BEIRNE, City Clerk CREEK MAINTENANCE AGREEMENT FOR THE MAINTENANCE OF VARIOUS DRAINAGE CHANNELS, AND PORTIONS THEREOF, WITHIN THE CITY OF SAN RAFAEL AND FLOOD CONTROL ZONE NO. 6 OF THE MARIN COUNTY FLOOD CONTROL AND WATER CONSE - RVATION DISTRICT This CREEK MAINTENANCE AGREEMENT made and entered into on the dates shown below by and between the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California hereinafter referred to as "DISTRICT," and the CITY OF SAN RAFAEL, political subdivision of the State of California, hereinafter referred to as "CITY;lf RECITALS WHEREAS, "CITY" and "DISTRICT" have in common the power to maintain, repair, and manage drainage channels for the protection of the public; and WHEREAS, "CITY" and "DISTRICT" desire to cooperate on the maintenance of the drainage channels, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. "CITY" shall: a) Perform maintenance work on the portion of drainage channels listed as Maintenance Sites in Exhibit "A," attached hereto. Such maintenance includes vegetation and debris removal as well as other related work which affords proper drainage channel maintenance including but not limited.to storm related work/emergency response; b) Perform said maintenance / emergency response during the Fiscal Year period from July 1 st, 2013 to June 30th, 2014. ALL routine maintenance work in creeks, must be performed between July 1 st, 2013 through October 15th, 2013 and between April 15, 2014 through June 30, 2014, additional work beyond this period may be performed for storm related / emergency response only. c) Notify the "DISTRICT'S" Contract 'Manager at least two (2) days prior to the commencement of said work such that the District may inspect the maintenance work during the course of its performance; d) Charge the "DISTRICT" for maintenance work at the rate charged by the "CITY'S" creek maintenance contractor; Keep and maintain records, for "DISTRICT'S" examination, of all personnel, material, equipment and/or outside services which "CITY" utilizes in the performance of said a maintenance work; f) Submit a billing to "DISTRICT" upon completion of said maintenance work; said billing shall include an accounting of all charges for personnel, material, equipment and/or outside services which "CITY" shall have used for the performance of work; it being 'fically understood that "CITY" shall not for any reason whatsoever bill or claim Spec[ any amount 'in excess of $6,000 for the maintenance work performed pursuant to this agreement; and P:\Ilokxl-Control\Ntaintenance\Creek\FCZ6\2013-14 I g) Submit with said billing a list identifying the specific reaches of drainage channels maintained, date(s) maintained, types and quantities of materials removed; and h) Indemnify, defend and save harmless DISTRICT, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the CITY'S negligent performance of this agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. i) Comply with all Federal, State and Local requirements, and secure all necessary permissions, permits and/or -licenses for,, and as part of, performing said maintenance work. j} Conduct creek vegetation maintenance work in accordance with FishNet 4C Roads Manual and BASMAA Flood Control Facilities Maintenance BMP Manual,* which are available online at: www.mcstoppp.org/reports.htm 2. "DISTRICT" shall: a) Pay to "CITY" upon the satisfactory completion of said maintenance work, and upon receiving and auditing the billing therefor, the cost of performing such work, a sum not to exceed $6,000. 3. This Contract shall be managed and administered on DISTRICT'S behalf by the Contract Manager named below: Contract Manager: Tracy J. Clay Address: Marin County Flood Control and Water Conservation District P.O. Box 4186 Room 304 San Rafael, CA 94913-4186 Telephone: {41_5} 473-6036 4. This Contract shall be managed and administered on CITY'S behalf by the Contract Manager named below: Contract Manager: Kevin McGowan Address: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Telephone: 1 (415) 485-3389 5. THIS - CREEK MAINTENANCE AGREEMENT shall terminate upon completion of and payment for said maintenance work, except as to obligations pursuant to Paragraph 1 (g). 6. The parties have set forth the whole of their agreement herein. Performance of this agreement constitutes the entire consideration for said maintenance work and shall relieve "DISTRICT" and "COUNTY" Of all further obligations 'or claims on this account or on account of the location or performance of said maintenance work ATTEST: "C ITY" f 7 �wv e� ga ov r City Clerk Mayor ,14 Date: ter S 5 - Date: P.\F-lood-Control\iMair.tei-,,ance\Creek\FCZ6�O 13-14 r] EXHIBIT "All MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2013-2014 MAINTENANCE SITES' Watercourse each No. Beginning of Reach End of Reach 126 feet upstream and To the short stretch Tributary #1 to South Las 1 between the houses # 49 and between 202 & 204 Gallinas Creek 101 Corrillo Dr. and Las FloresAve. downstream from culvert From behind #202 & #204 Merrydale Ditch 2 Las Flores Ave on Merrydale Perpendicular to the Rd Downstream North Railroad track direction Tributary #2 to South Las T Between #208 Los Ranchitos Gallinas Creek 3 Rd . To der dal Ditch and #2 Constance Dr. Corrillo Drive Ditch 4 107 ft. in length between #405 Tributary #2 and #403 Corrillo Drive South Las Gallinas Creek 5 Downstream from Bridge by" Inlet under Hwy 101 #380 herr dale Rd. y Maintenance Sites includG the entire reach of creek/drainage between the "be inning of reach" and "end of reach" including all 91 public property and easements and night -of -ways and specifically excepting privately held properties, HE ood- Con trol\Nl ai nter, a nce\Creek\FCZ6\201 3 -14 EXHEBIT "All MAP MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DRAINAGE MAINTENANCE AGREEMENT 2013-2014 PAF lood- Con troWain tean ce\CreCk\FCZ6\2013-14 CITY OF SAN RAFAEL zteil''111" ­­­ I ... I ... iq�­ I 111--i 111M2ff_A'A:J:J1 '1111, 11 111! 11419M INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 8/19/13 FROM: Nader Mansourian DEPARTMENT: PUBLIC WORKS DATE: 8/7/2013 TITLE OF DOCUMENT: RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT WITH MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPRO D AS 9OUNCIL 1 AGENCY AGSA ITEM: City Manager (signature) - NOT APPROVED REMARKS: . . ........ .. ... . . . City Attorney (signature) File No.: 08.03.08