HomeMy WebLinkAboutAgr 2000-10-17 (RBRA)
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C IT Y OF SAUSALITO
420 Litho Street Sausalito, CA 94965
Telephone: (415) 289-4100
www.cLsausalito.ca.us
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NOV 2 8 2000
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November 13, 2000 TO'//:! Of T~S~:RC.;J
Linda Christman, Assistant County Administrator
County of Marin
3501 Civic Center Drive Suite 325
San Rafael CA 94903
Dear Linda:
Enclosed please find one fully executed copy of the RBRA Revised Joint Powers
Agreement signature pages. I have sent one copy of the original signed pages to the
City of Belvedere, Town of Tiburon and City of Mill Valley.
Please contact me at 289-4100 Extension 130 if you have any questions.
Sincerely,
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Ms. Dale Vaughn
Administrative Serv s Manager
cc: City of Belvedere
T own of Tiburon
City of Mill Valley
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FAX NUMBERS:
Administration: (415) 289-4167
Recreation: (415) 289-4189 Community Development: (415) 339-2256
I COUNTY OF MARIN
i OFFICE OF THE ADMINISTRATOR
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~ 3501 CIVIC CENTER DRIVE, SUITE 325, SAN RAFAEl., CA 94903
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\~ ... . Mark ]. Riesenfeld
October 3, 2000 County Administrator
Members of the Board of Supervisors
The Marin County Civic Center
REVISED RICHARDSON BAY REGIONAL AGENCY (RBRA) AGREEMENT
Since 1985, the County has been a member of the RBRA along with the Cities of
Sausalito, Belvedere and Mill Valley and the Town of Tiburon. The agency's
mission is to protect the environment and boating waterways of Richardson Bay
in accordance with an approved "Special Area Plan."
Attached is a revised Joint Powers Agreement for the agency which incorporates
the amendments to the agreement which have been made since 1985 and which
have been agreed to by all parties. It also removes the sunset clause in the
current agreement. Supervisor Rose, the current Board representative to the
RBRA, is prepared to respond should there be any questions concerning the
revised agreement
RECOMMENDATION: It is recommended that your Board authorize the Board
President to execute the attached revised Joint Powers Authority continuing the
County's participation in the RBRA.
FISCAL IMPACT: The execution of the revised Joint Powers Agreement will not
change the current RBRA dues paid by the County of Marin which are currently
set at $53,125.
REVIEWED BY:' [ . .] Auditor Controller [ X] NI A
[ X] County Counsel [ ] N/A
[ ] Human Resources [ X] N/A
Submitted by: :i
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OCT - 3 200) ~
Mark J. Riesenfeld
COUNTY ADMINISTRATOR MARIN COUNTY
BOARD OF SUPERVISORS
Prepared by: Linda Christman, Assistant County Administrator
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RICHARDSON BAY JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT, made and entered into this _day of , 2000, by and
between the COUNTY OF MARIN, a political subdivision of the State of
California, hereinafter referred to as "COUNTY", and the CITIES OF
BELVEDERE, MILL VALLEY, SAUSALITO and TIBURON, municipal
corporations of the State of California, hereinafter referred to as "CITIES".
WITNESSETH:
WHEREAS, COUNTY and CITIES have jointly prepared and adopted the
Richardson Bay Special Area Plan (with minor modifications as it applies to
Sausalito) which sets forth policies and recommendations for the waters of
Richardson Bay, portions of which fall within the jurisdictions of each of the
CITIES and the COUNTY; and
WHEREAS, COUNTY and CITIES believe that the mutual exercise of certain
functions within the waters of Richardson Bay would be beneficial to all parties;
and
WHEREAS, COUNTY and CITIES are public entities of the State of California
authorized under California law to provide police, fire and other governmental
services to the inhabitants and property owners located upon and along
Richardson Bay, as more particularly depicted on Exhibit "A", attached hereto
and by this reference incorporated herein; and
WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code
(commencing with Section 6500) authorizes agreements for the provision of
services to the residents and property owners upon and along the area depicted
on Exhibit "A" so as to maximize cost savings and to coordinate the efforts on
this valuable resource;
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NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties hereto do hereby agree as follows:
1. There is hereby created a public agency to be. known as the Richardson
Bay Regional Agency as a separate legal entity formed pursuant to the
provisions of Article 1, Chapter 5, Division 7, Title 1 of the California
Government Code relating to the joint exercise of powers common to public
agencies, and for the purposes of this Agreement Agency is a public entity
separate from the parties hereto.
2. The governing body of the Agency shall be constituted of five (5) members,
one to be selected by the Board of Supervisors with respect to the
COUNTY representative, and one to be selected by each City Council with
respect to the representative of each of the CITIES. Such member
appointed shall be a member of the Board of Supervisors or City Council
and shall serve at the pleasure of such governmental body. The governing
body shall elect from its own members a Chairman and Vice Chairman
whose terms of office shall be two years. The Chairman and Vice
Chairman may not be reelected to a second consecutive term in the same
office. An alternate may be appointed by each member jurisdiction and
such altern?te may act for the member jurisdiction in the absence of the
regular member of the governing body.
3. The members shall each have one vote in all matters brought before the
Agency provided, however, that on any matter affecting any member CITY
or COUNTY a no vote from the member of the affected CITY or COUNTY
shall prohibit the Agency from taking the proposed action within the
affected jurisdiction's boundaries. The no vote provided for in the
precedent sentence may be cast by a member within thirty (30) days of
notice of the proposed action. In the event a no vote is not cast in such
period it shall be deemed waived.
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4. A majority of the members of the governing body constitute a quorum for
the transaction of business. No act of the governing body shall be valid or
binding unless a majority of all the members concur therein.
5. The Agency shall not have any powers over any uses, zoning or
subdivisions on any area within the boundaries of its member jurisdictions.
6. The governing body shall maintain and implement those provisions of the
Special Area Plan (which consists of a diagram or diagrams and text
containing a description of the needs and goals of the region and statement
of policies and goals for the Richardson Bay area) relative to:
a. Mooring, dredging and navigational channel implementation including
but not limited to the establishment and enforcement of permitted
anchorage zones, navigational channels and fairways plans and
similar activities.
b. Public services and facilities which by the nature of their function, size,
extent and other characteristics are necessary or appropriate for
inclusion in the Special Area Plan. Such facilities and services may
includ~, but are not limited to, water based police and fire protection,
sewage pump-out facilities for vessels, enforcement of a vessel
sewage no discharge area when given authority by the Environmental
Protection Agency, and public docks or moorings.
7. On or before May 1 of each calendar year the Agency shall
establish the amount of money necessary to support its activities
for the next succeeding fiscal year commencing July 1 of that year
provided, however, that the opportunity to exercise a "no" vote
contained in Section 3 hereof shall be given each member prior to
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May 1. The parties shall contribute to the Agency among the
parties hereto as follows:
Aaencv Percentaae Share
County 42.5010
Sausalito 35%
Tiburon 10%
Mill Valley 5010
Belvedere 7.5010
Increases in agency revenue in keeping with the cost distribution
formula may be changed by a resolution of the governing board of
all member jurisdictions. (Per amendment adopted 1997 by all
parties. )
8. Clean-up of pre-existing conditions in the Bay shall be the responsibility of
the individual jurisdictions. This includes costs of legal action taken by the
individual members. Coordination of this clean-up activity is essential to
the success of this Agreement.
9. Following establishment and funding of the Agency, Agency shall have
power to ~nforce such regulations to accomplish the provisions of
paragraph 6 of this Agreement as it may adopt from time to time. Costs of
such enforcement shall be borne by the Agency including necessary legal
costs. The RBRA Harbor Administer is designated to enforce agency
ordinances and regulations including the issuance of citations for
infractions in violation of RBRA Ordinances which include but are not
limited to the violations listed in "Exhibit C", attached hereto and by this
reference incorporated herein. (Amendment adopted 1999 by all parties).
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10. The Agency sr. I ,dve the power to issue citatic. QI,d perform other
enforcement actions in the name of the Agency.
11. The Agency shall fix and collect reasonable fees for services rendered by it
from persons other than its member jurisdictions.
12. The Agency shall be strictly accountable to any party for all funds paid by
them to the Agency and shall be strictly accountable to all participating
bodies for all receipts and disbursements.
13. The Agency is authorized to receive gifts, donations, subventions, grants or
other financial aids or funds. .
14. The Agency may not obligate itself beyond the monies due under this
Agreement for its support from the several parties for the current fiscal
year, plus any monies on hand or irrevocably pledged to its support from
other sources. No obligation contracted by the Agency shall bind CITIES or
COUNTY.
15. Agency shall have the power to deliver or contract with any member hereof,
or any governmental entity located within the area depicted in Exhibit "A",
for the provision of police protection services.
17. This Agreement shall become effective when representatives of all of the
parties have executed it and shall continue in full force and effect until
terminated by an agreement executed by all parties. This Agreement
supercedes the Richardson Bay Joint Exercise of Powers Agreement dated
July 16, 1985, under which the member agencies have been acting until the
execution of this Agreement. The member agencies hereby ratify the prior
acts of the Richardson Bay Regional Agency.
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18. Agency is hereby authorized in its own name to do all acts necessary for
the exercise of the powers described in Paragraphs_ 6, 15 and 16, including
but not limited to any of the following: to make and enter into contracts; to
apply for and accept grants, advances and contributions; to employ agents
and employees; to sue and be sued in its own name; to incur debts,
liabilities or obligations; to issue bonds, execute warrants and other
evidence of indebtedness; to finance costs and expenses incidental to the
projects of Agency; and, to exercise jointly the common powers of the
parties set forth above. Agency shall have the power of eminent domain
but not the power to levy ad valorem property taxes.
19. Agency shall appoint a Treasurer from among the senior management staff
of any of the member parties provided that the member agency is amenable
to the same. The Treasurer shall be either the Auditor/Controller or
Treasurer of the COUNTY or the Treasurer or Finance Director of one of
the CITIES. The Treasurer shall serve as the depository and have custody
of such books, records, funds, and accounts as may be required by
reasonable accounting practice, Government Code Section 6505, or by
another governmental agency. (Amendment to original JPA, approved by
all parties in 1992.)
20. Regular meetings of the governing board of the Agency shall be held at
such times and places as shall be established by it by resolution. All such
meetings, including regular, adjourned or special meetings, shall be called,
noticed and held and conducted in accordance with the provisions of the
Ralph M. Brown Act, Sections 54950 through 54960 of the Government
Code of the State of California.
21. Agency shall have the power and authority to issue and sell revenue bonds
in accordance with Article 2, Chapter 5, Division 7, Title 1, and Chapter 6,
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Division 2, Title V of the Government Code, and such other relevant
provisions of law as may now or hereafter be applicable.
22. For purposes of referendum and any necessary votes on taxes on Agency-
wide basis, the boundaries of Agency shall be as depicted on Exhibit "A"
and as described in Exhibit "8", attached hereto and by this reference
incorporated herein. Under applicable law, Agency may form improvement
d i stri cts. Bond elections shall be conducted pursuant to the Uniform
District Election Law and applicable provisions of the California Elections
Code.
23. Agency shall have and exercise all powers conferred on local agencies by
the provisions of law with respect to revenue bonds.
Revenues required to provide monies for bond interest and redemption of
other bond funds in connection with revenue bonds issued by Agency shall
be derived from user fees and service charges, which charges shall be
determined by the governing board of the Agency.
24. COUNTY or a CITY may withdraw from Agency, which withdrawal shall
have the effect of requiring either a renegotiation of this Agreement or
dissolution of the Agency. Any member wishing to withdraw may do so only
on July 1 of any such year, and shall provide the Agency with at least 180
days' notice in writing of its intent to withdraw. Upon dissolution of Agency
funds and property shall be distributed as follows:
a. discharge of any liability shown on the books of the Agency;
b. any remaining assets to be divided according to the amount of
contribution by COUNTY and CITIES.
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The distribution of assets may be made in kind or assets may be sold and
proceeds thereof distributed to COUNTY or CITIES, provJded, however, that
all facilities and rights assigned or transferred by COUNTY or CITIES to
Agency shall be reconveyed to said COUNTY or CITY free and clear of all
encumbrances and liens of any kind not in existence at the time of
conveyance to Agency. Upon dissolution of Agency the responsibility of
COUNTY or CITIES to contribute to the discharge of enforceable liabilities
incurred by Agency shall be limited to the portion that the contribution made
by the COUNTY or CITIES bears to the total contributions made to agency
from the effective date of this Agreement to the date of dissolution.
25. In the event that liability is imposed upon the Agency by a court of
competent jurisdiction by reason of the negligent or willful act or omission of
it, its officers or employees, in the performance of this Agreement the "
money judgement shall be paid in the ratio set forth in Section 7 hereof.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
the day and year first above written.
List of Exhibits:
Exhibit A - "Key to Plan Maps"
Exhibit B - Legal Description of Richardson Bay Boundaries
Exhibit C - "RBRA Bail Schedule"
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OCT - 3 2000 CO~J:: . .
DATE: BY . Steve Kinsey { -
President, Board of Supervisors
CITY OF SAUSALITO
DATE: 1 \-(- ~ BY fJ~~
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CITY OF BELVEDERE
DATE: IO/dlh BY
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DATE: WI /~~ CITY OF ZLEY
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09/22/00 14:00 FAX 415 507 4104 AmUNISTRATION OFFICE ~ 003/005 .
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EXIUBfT A
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EXHIBIT "B"
The boundaries of the Richardson Bay Special Area Plan are
beginning at the point of intersection of the Harin/San Francisco
County line and the Sausalito Shoreline at Cavallo Point, thence
along a line connecting said point with the ena of East Road, I
then along the shore side of East Road to its junction with
Alexander, thence along the shore side of Alexander to its
intersection with 2nd Street, along the shore side of 2nd St.,
to its intersection with Bridgeway, thence along the shore side
of Bridgeway to its intersection with US 101, thence along
U.S. 101 to its intersection with State Routr~, along the
shoreside of State Route 1 (Almonte Blvd, to Hiller Ave., along
the shore side of MIller Ave., to its intersection with Camino
Alto, thence along the shore side of Camino Alto to its inter-
section with East Blithedale, thence along its snoreside to
its intersection with Roque Moraes Dr., along its shore side
to Hamilton Drive, thence along its shore side to its terminus,
thence along a line 100 feet inland from the shoreline of
Richardson Bay near the Goodman Marsh, thence along the westerly
side of U.S. 101 to Seminary Drive, thence crossing U.S. 101
and following the shore side of Seminary Drive to Great Circle
Drive, thence along the shore side of Great Circle Drive to
Strawberry Drive, thence along Strawberry Drive to its inter-
section with Tiburon Blvd; thence along Tiburon Blvd. to San
Rafael Ave, thence along San Rafael Ave. to West Shore Road,
. thence along Belvedere Ave. to its intersection with Beach Road,
thence along the shore side of Beach Road to its .intersection
with Bellevue AVe. thence along the shore side of Bellevue
Ave. to its intersection with Main Street, thence along Main
Street to its intersection with Paradise Drive, thence along
the shoreside of Paradise Drive to Point Tiburon; and inclduing
all water areas encompassed therein. and thence along the Tiburon
Town limit line to the Marin/San Francisco County line and back
to the point of beginning.
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EXHIBIT C
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