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
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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
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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"
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City Clerk Mayor
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Date: ter
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Date:
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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
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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