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Home My WebLink AboutPW MOU Street Lights BPLHOAAgenda Item No: 3.9 Meeting Date: February 17, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: / `�'��//!� City Manager Approva;r/ )Ka4 Director of Public Works File No.: 01.01.02.01 SUBJECT: A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION ("BPLHOA") ALLOWING BPLHOA TO MAINTAIN CITY -OWNED STREET LIGHTS ALONG BAYPOINT DRIVE AND BAYPOINT VILLAGE DRIVE RECOMMENDATION: Adopt Resolution BACKGROUND: The City of San Rafael owns over 4,400 street lights, seventeen of which are located along public roads in the Baypoint Lagoon Neighborhood. In addition, within the Baypoint Lagoon Neighborhood, there are ten privately owned street lights. In February 2014, the Baypoint Lagoon Homeowners Association (`BPLHOA")'s Board of Directors voted to replace the ten existing streetlights along the private roadways with custom, nautical -themed streetlights. In addition to replacing the ten streetlights on the private roadways, the BPLHOA has requested to purchase and replace the seventeen City -owned and maintained streetlights on the public roadways of Baypoint Drive and Baypoint Village Drive with the same custom, nautical -themed streetlights. Because the street lights proposed are custom, and not standard, it will be extremely difficult for the City to maintain the lights or respond in the event of a knockdown. Therefore, in addition to the initial installation, the BPLHOA has requested that the City enter into a Memorandum of Understand in order to take over maintenance of these seventeen street lights. Installation of the new street lights poles will be performed by the BPLHOA's on-call electrical contractor with an encroachment permit from the Public Works Department. ANALYSIS: The custom, nautical -themed streetlights that the BPLHOA has requested to install are not a standard model that the City of San Rafael uses and therefore, the City does not stock parts for the maintenance nor would it be able to respond in the case of an emergency. The BPLHOA has agreed to maintain these seventeen streetlights permanently, without any cost to the City of San Rafael. FOR CITY CLERK ONLY File No.: )�,P j:-! Council Meeting: Disposition: ,i t: .c ,C"�_ l a' SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The response times for emergency maintenance of these seventeen street lights will adhere to the same standards that the City follows for all other street lights. This includes that in an event of an emergency, the BPLHOA's on-call electrical contractor will respond within one hour from the time of notification during daylight hours and within two hours during evening hours. The BPLHOA will also perform routine and non -emergency requests which shall be responded to within five calendar days. OUTREACH: The Public Works Department has met with and coordinated with the BPLHOA property manager and on-call electrician to ensure that all expectations can be met. FISCAL IMPACT: There is no fiscal impact to the City for this project as the BPLHOA will pay for upfront capital costs, and has agreed to maintain these streetlights permanently without any cost incurred by the City. OPTIONS: 1. Adopt resolution and authorize the Public Works Director to sign a Memorandum of Understanding with the BPLHOA allowing the BPLHOA to maintain seventeen City owned street lights; 2. Choose not to authorize the Director of Public Works to sign the Memorandum of Understanding with the BPLHOA. Doing so will result in the BPLHOA not replacing the seventeen streetlights and the City continuing to assume responsibility of maintaining the existing streetlights. ACTION REQUIRED: Adopt Resolution authorizing the Director of Public Works to sign 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. 13876 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION ("BPLHOA") ALLOWING BPLHOA TO MAINTAIN CITY -OWNED STREET LIGHTS ALONG BAYPOINT DRIVE AND BAYPOINT VILLAGE DRIVE WHEREAS, the Baypoint Lagoon Homeowners Association ("BPLHOA") has requested to replace seventeen city owned streetlights along Baypoint Drive and Baypoint Village Drive; and WHEREAS, the streetlights that the BPLHOA has requested to install are not a standard model; and WHEREAS, the City of San Rafael does not have the capacity to maintain streetlights of this model nor would it be able to respond if a pole were to be knocked over; and WHEREAS, the BPLHOA has agreed to maintain the seventeen streetlights permanently and without any cost incurred by the City of San Rafael; and WHEREAS, a Memorandum of Understanding has been developed, which details both the BPLHOA and the City of San Rafael's responsibilities in association with the replacement and maintenance of seventeen streetlights along Baypoint Drive and Baypoint Village Drive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Director of Public Works is authorized to execute a Memorandum of Understanding with the BPLHOA. 2. The Director of Public Works is authorized to take all necessary actions in connection with this Memorandum of Understanding. 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 17th day of February, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 01.01.02.01 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION ("BPLHOA") ALLOWING BPLHOA TO MAINTAIN CITY -OWNED STREET LIGHTS ALONG BAYPOINT DRIVE AND BAYPOINT VILLAGE DRIVE This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this 4. }4iday of M AR,d` , 2015, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL"), and the BAYPOINT LAGOON HOMEOWNERS ASSOCIATION (hereinafter `BPLHOA") RECITALS WHEREAS, in February 2014, the BPLHOA notified SAN RAFAEL that its Board of Directors voted to replace all of the existing streetlights along BPLHOA-owned streets with nautical - themed streetlights; and WHEREAS, in addition to replacing streetlights located on streets owned and maintained by BPLHOA, BPLHOA has requested to replace eighteen (18) City -owned and maintained streetlights along Baypoint Drive and Baypoint Village Drive with the same nautical -themed streetlights; and WHEREAS, BPLHOA has offered to purchase and install these eighteen (18) new streetlights on behalf of SAN RAFAEL; and WHEREAS, this type of streetlight is not a standard model for SAN RAFAEL and as such, SAN RAFAEL does not have the capacity to maintain streetlights of this model nor would it be able to respond if a pole were to be knocked over; and WHEREAS, BPLHOA has agreed to maintain these eighteen (18) streetlights permanently and without any cost incurred by SAN RAFAEL; and WHEREAS, BPLHOA will respond to knockdowns within one (1) hour, from the time of notification, for emergency responses during daylight hours; and within two (2) hours, from the time of 1 notification, for emergency responses during evening hours. Routine and non -emergency requests shall be responded to within five (5) calendar days. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to allow BPLHOA to assume maintenance of eighteen (18) City -owned streetlights along Baypoint Drive and Baypoint Village Drive on a permanent basis without any cost incurred by SAN RAFAEL. 2. MOU COORDINATION. A. BPLHOA. The President of the Board of Directors shall be the representative of BPLHOA for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. B. SAN RAFAEL. The Public Works Director shall be the representative of SAN RAFAEL for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 3. DUTIES OF BPLHOA. A. BPLHOA shall be responsible for the maintenance of the eighteen (18) City -owned streetlights located within its limits on a permanent basis. B. BPLHOA shall be responsible for any financial cost incurred with the maintenance of these streetlights. C. BPLHOA shall be responsible for replacing any of these streetlights if they were to be knocked over or deemed inoperable. 4. DUTIES OF SAN RAFAEL. A. SAN RAFAEL shall be responsible for providing electrical service to the eighteen (18) City -owned streetlights. 2 5. INDEMNIFICATION. A. SAN RAFAEL shall indemnify, release, defend and hold harmless BPLHOA, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, less, 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 SAN RAFAEL or SAN RAFAEL's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. BPLHOA shall indemnify, release, defend and hold harmless SAN RAFAEL, 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 BPLHOA or BPLHOA's officers, agents and employees in the performance of their duties and obligations under this Agreement. 6. TERMINATION. A. SAN RAFAEL may terminate this MOU with BPLHOA should BPLHOA fail to perform routine and emergency maintenance per the requirements stated above within thirty days following SAN RAFAEL's written notice to do so. B. In the event of such termination, SAN RAFAEL will replace the custom streetlights with standard streetlights and immediately resume all maintenance tasks. C. In the event of termination, BPLHOA shall reimburse SAN RAFAEL for all costs incurred with the replacement of the custom streetlights with standard streetlights. 7. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change or 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 3 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 BPLHOA: Charles Property Services, Inc. Stephany Charles 35 Mitchell Boulevard, Suite 5A San Rafael, CA 94903 TO SAN RAFAEL: City of San Rafael Nader Mansourian, Public Works Director 111 Morphew Street San Rafael, CA 94901 ENTIRE AGREEMENT m- AMENDMENTS. The terms and conditions of this Agreement 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 BPLHOA and SAN 9. APPLICABLE 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. BAYPOINT LAGOON HOMEOWNERS ASSOCIATION w PHAN CHARLES Property Manager CITY OF SAN RAFAEL NADER MANSOURIAN Public Works Director L, ESTHER C. R PrAJ CPIPVYJ'C/ Q lime MI, mm - 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 agreements/contracts (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 agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for 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 j,;J 1 contracting department. To be completed by Contracting Department: Project Manager: w.. a(� :.� ., ..�.. Project Name:. INJ- 122 J-.. 1171) il[)(=) Agendized for City Council Meeting of (if necessary): 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. J� H! IS*,& PROPERTY SERVICES, INC February 9, 2015 Stephanie Gindlesperger, P.E. Assistant Civil Engineer City of San Rafael, Dept. of Public Works 111 Morphew Street San Rafael, CA 94901 Dear Stephanie, The Board of Directors of Baypoint Lagoons agreed at their January 27, 2015 Board of Director's meeting to sign the Memorandum of Understanding for the replacement of the seventeen light pole fixtures on the two City of San Rafael public streets, Baypoint Drive and Baypoint. Village Drive. The light poles being installed will match the light pole fixtures, the Candelea Series nautical theme, being installed on the Baypoint Lagoons private streets. The Board agreed with the language in the Memorandum of Understanding stating the Baypoint Lagoons Association will assume permanent maintenance of the light poles and other requirements stated in this document. Sincerely, Stephany Charl , CCAM Community Manager Baypoint Lagoons Association cc: Board of Directors Admin File 35 Mitchell Blvd. Suite 5A San Rafael, California 94903 Tel 415-458-3537 Fax 415-458-3546 scharlesdcharlesps.com 9 3/4" Sq.—I I CN1S— lA—OV LAND 1 12'-0" opered Alum. Tube 156" Wall Alloy 6063—T6 Ground Lug Opposite Handhole ¢ Reinforced Handhole (3" x 5) With Cover And Stainless Steel Screws Cast Alum. Base Flange Alloy 356—T6 With Bolt Covers And Stainless Steel Screws 0 9" to 10" Did. Bolt Circle 0 F2 314" 3 1/2" Thread—�--,—r (4) 3/4"—IONC Ga/v. Stl. Anchor Bo AASHTO M314-90 Grade 55, 10" Of Threaded End Ga/v. Per ASTM A153. (4) 3/4"-10NC Goly. St/. Hex. Nuts (4) 3/4" Ga/v. St/. Lockwashers (4) 3/4" Ga/v. St/. Flatwashers WARNING: Dia NOT INSTALL dGHTING POLES WITHOUT LUMINAIRES NO. REVISIONS DATE TITLE 12' MH LIGHTING POLE blaypWvt Lagoon -San Rafael apco SrA E 24 JDATE 09 24 2013 ar TNB DWG. No. Abingdon, 1/a. CHK'D BJ0656 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO. 3 -q DATE OF MEETING: February 17, 2015 FROM: Nader Mansourian DEPARTMENT: Public Works FILE NO.: 01.01.02.01 DATE: February 2, 2015 TITLE OF DOCUMENT: A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION ("BPLHOA") ALLOWING BPLHOA TO MAINTAIN CITY -OWNED STREET LIGHTS ALONG BAYPOINT DRIVE AND BAYPOINT VILLAGE DRIVE Department Hea�(sign�ature)�� *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature) City Attorney (signature)f NOT APPROVED REMARKS: