____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 2.e
Meeting Date: June 1, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Adeel Shaikh, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: CALTRANS PROJECT SPECIFIC MAINTENANCE AGREEMENT
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CALTRANS FOR THE SR-129 (REDWOOD HIGHWAY) TRASH CAPTURE DEVICE PROJECT, CITY PROJECT NO. C441145610 (“PROJECT”); CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute the Project Specific Maintenance Agreement with Caltrans for the SR-129 (Redwood Highway) Trash Capture Device Project, City Project No. C441145610 (“Project”).
BACKGROUND:
The State Water Resources Control Board (Water Board) requires the City of San Rafael to install, operate, and maintain State-certified Full Capture System devices that capture all trash 5 millimeters or larger from defined Priority Land Use (“PLU”) areas. PLU areas include all industrial, commercial, mixeduse, high-density residential, and public transportation station areas.
On May 18, 2026, the City Council authorized the City Manager to execute the construction agreement with Corcus Construction, Inc., in the amount of $363,850 to move forward with construction of the Large Trash Capture Device Installation: SR-129 (Redwood Highway) and SR-143 (Rossi Pump Station) Project, City Project No. C441145610.
ANALYSIS:
The trash capture device for SR-129 is located along Redwood Highway Frontage Road on the west side of Highway 101 in San Rafael, which falls within the State right-of-way. A maintenance agreement between the State of California, through the Department of Transportation (Caltrans), and the City of San Rafael (City) is required to obtain an encroachment permit from Caltrans and proceed with the installation of the trash capture device, and to permit ongoing maintenance by the City.
Staff recommends that a resolution (Attachment 1) approving the project specific maintenance agreement (Attachment 2), including Exhibit A (Attachment 3), be adopted. Exhibit A shows the layout of the maintenance agreement area.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT:
The maintenance costs associated with the project specific maintenance agreement are included in the annual Public Works Streets Maintenance Program budget. There is no additional fiscal impact to the City from this action.
ENVIRONMENTAL ANALYSIS:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that the action does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented.
2. Do not adopt the resolution and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute the Project Specific Maintenance Agreement with Caltrans for the SR-129 (Redwood Highway) Trash Capture Device Project, City Project No. C441145610 (“Project”).
ATTACHMENTS:
1. Resolution
2. Project Specific Maintenance Agreement
3. Exhibit A – Layout of Maintenance Agreement Area
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CALTRANS FOR THE SR-129 (REDWOOD HIGHWAY) TRASH CAPTURE DEVICE PROJECT, CITY PROJECT NO. C441145610 (“PROJECT”); CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5)
WHEREAS, on May 18, 2026, the City Council authorized the City Manager to execute the construction agreement with Corcus Construction, Inc., in the amount of $363,850 to move forward with construction of the Large Trash Capture Device Installation: SR-129 (Redwood Highway) and SR-143 (Rossi Pump Station) Project, City Project No. C441145610; and
WHEREAS, the trash capture device for SR-129 will be installed along Redwood Highway Frontage Road on the west side of Highway 101 in San Rafael, which falls within the State right-of-way; and
WHEREAS, the State of California Department of Transportation (“Caltrans”) generally does not maintain local roads within the State right-of-way; and WHEREAS, Caltrans is requiring the City to maintain the trash capture device and other roadway infrastructure elements as more fully described in the Project Specific Maintenance Agreement that includes the layout shown on Exhibit A; and WHEREAS, the City and Caltrans agree that the City will perform maintenance as described in the Project Specific Maintenance Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that the action does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
3. The City Council hereby approves and authorizes the City Manager to execute the Project Specific Maintenance Agreement with Caltrans for the SR-129 (Redwood Highway) Trash Capture Device Project, City Project No. C441145610, subject to final approval as to form by the City Attorney.
4. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, 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 the City of San Rafael, held on Monday, the 1st day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
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PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH
CITYOF SAN RAFAEL
This Project Specific Maintenance Agreement (“AGREEMENT”) is made effective this _______ day of __________, 20___, by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the CITY of San Rafael (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”
RECITALS
1. WHEREAS, Encroachment Permit No.____________________ dated ______________ was executed between LOCAL AGENCY and STATE to document the understanding between PARTIES regarding the planned improvement of Trash Capture Device on State Highway Route (SR) 101 and the adjustments of the local street and road system required for the development of that portion of SR 101 within the jurisdictional limits of the LOCAL AGENCY.
2. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance responsibilities for the features and improvements, as defined herein, constructed or installed within the STATE right of way.
3. WHEREAS, the PARTIES executed prior Freeway Maintenance Agreement(s) dated November 2nd, 1987. This AGREEMENT shall not supersede prior Freeway Maintenance Agreement(s) or any other maintenance agreements if any exist within the same limits as this AGREEMENT.
4. Categories of State Highway System (SHS) facilities covered under this AGREEMENT may include but are not limited to the following, which are specifically identified in Exhibit A:
A. Drainage Facilities – Systems or structures designed to manage and direct the flow of water, typically to prevent flooding or waterlogging.
Drainage Facilities include a variety of infrastructure components, such as: stormwater drains, sewers, ditches and channels, catch basins, retention or detention ponds, trash capture device and culverts, inlets and outlets.
B. Landscaped Areas – These areas include hardscaping, planting, vegetation, and related landscaping improvements.
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C. LOCAL ROAD within STATE RIGHT OF WAY (ROW) – These roads are roadway(s) and appurtenant structures situated within STATE ROW.
5. Definitions of SHS facilities components.
A. Lighting – Electrical lamps and light posts installed within STATE ROW.
B. Local Road– A roadway not used as a state highway or state freeway that is within a SHS right of way.
C. Sidewalk – A paved path along the side of a road.
D. Signage – Signs installed or approved by STATE.
E. Structural/Roadway Drainage Facilities – Any facility that provides drainage to any location, including, but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates.
OPERATIVE PROVISIONS
1. Prior Freeway Maintenance Agreements. This AGREEMENT shall not terminate the PARTIES’ prior Freeway Maintenance Agreement(s) or any other maintenance agreements, if any exist within the same limits as this AGREEMENT. In case of inconsistency between prior maintenance agreements and this AGREEMENT, the terms of this AGREEMENT will prevail with regard to the scope of this AGREEMENT.
2. Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations, and STATE standards, including STATE’S Maintenance Manual, Code of Safe Operating Practices, policies, procedures, and specifications in effect and as amended. “Maintain” or “Maintenance” under this AGREEMENT includes routine inspections, repairs, cleaning, and State approved replacements.
3. Maintenance Service Schedule. Upon approval of the necessary Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide STATE’s District Maintenance Regional Manager, as shown in Exhibit C, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify the STATE of the frequency of its maintenance services. Maintenance services shall be performed between the hours of 9:00 AM and 3:00 PM or otherwise authorized by STATE and may be performed on weekends and holidays if necessary.
4. Revising Exhibits. When another planned future improvement has been constructed and/or a revision to SHS facilities has been affected within the limits of the improvement covered by this AGREEMENT, PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages 04-MRN 101 PM 13.1
to the Exhibits that must be signed by authorized representatives of PARTIES.
No formal amendment to the body of this AGREEMENT will be necessary. The revised exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT.
5. Amendment to Agreement. Except as provided in the preceding section concerning Exhibit amendments, the terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.
6. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to enter into a new agreement with STATE to accept the obligations of the LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to STATE by the terms of this AGREEMENT.
7. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE’s District 4 Encroachment Permit Office as per STATE’s EP policy. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY.
8. LOCAL ROAD (Redwood Highway)
LOCAL AGENCY, at LOCAL AGENCY’ expense, will be responsible for maintaining the portion of the Redwood Highway located within STATE right of way, in their entirety.
9. TRASH CAPTURE DEVICE - LOCAL AGENCY, at LOCAL AGENCY’s expense will own, operate and maintain this device in its entirety.
9.1 LOCAL AGENCY shall maintain, and provide for inspection and review upon request, documentation of the design, operation, and maintenance of each full trash capture system. Inspection, operation, and maintenance of each trash capture system shall follow documentation guidance as prepared by the manufacturer. LOCAL AGENCY shall comply with provisions from Marin County Mosquito Abatement District and/or Marin County Vector Control Services District. If not provisions, at least that coordination will occur prior to construction and then throughout maintenance, as necessary.
9.2 LOCAL AGENCY shall inspect and maintain full trash capture devices to ensure that they are operating appropriately and have sufficient operating capacity to capture trash. The inspection and maintenance of each full 04-MRN 101 PM 13.1
capture device shall be at a frequency sufficient to prevent plugging, flooding, or a full condition of the device's trash reservoir causing bypassing of trash.
9.3 LOCAL AGENCY shall retain device-specific maintenance records, including, at a minimum: device type, date of installation, location, drainage area, date(s) of inspection and maintenance, the capacity condition of the device at the time of inspection and maintenance (full and overflowing or with storage capacity remaining), any special problems such as flooding, screen blinding or plugging from leaves, plastic bags, or other debris causing overflow, any damage reducing function, or other negative conditions.
10. Unsheltered Encampments. PARTY, who is identified as responsible for the removal of Unsheltered Encampments in the areas identified in Exhibit A, shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown in Exhibit A, subject to STATE’s Maintenance Policy Directive 1001 R1, as amended, and applicable State and Federal law.
Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A.
11. Landscaped Areas. LOCAL AGENCY is responsible for the maintenance of any plantings or other types of roadside improvements installed by LOCAL AGENCY as permitted encroachments lying inside and outside of STATE ROW as shown in Exhibit A. LOCAL AGENCY shall restrict walk-on access to the STATE ROW.
12. Street Lightings. LOCAL AGENCY is responsible for the maintenance of all streetlights installed by LOCAL AGENCY as permitted encroachments within the STATE ROW including, but not limited to, ground mounted poles, conduits, and pull boxes. Responsibility of payment for electricity costs of the streetlights shown on Exhibit A shall lie with LOCAL AGENCY.
13. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries.
This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
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B. Indemnification.
Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fullest extent permitted by law, STATE, shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.
C. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.
D. Insurance. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.
14. Default. If LOCAL AGENCY fails to perform obligations assumed under this AGREEMENT, STATE may by written notice request that the default be 04-MRN 101 PM 13.1
remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, STATE may complete the obligations and seek reimbursement from the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar days.
15. Complete Agreement. This AGREEMENT, along with any attachments, is the full and complete integration of the PARTIES’ agreement with respect to the maintenance of the locations identified in Exhibit A. This AGREEMENT supersedes any previous written or oral agreements between the PARTIES with respect to the locations identified in Exhibit A. Unless otherwise stated, to the extent there is any conflict between this AGREEMENT and any other agreement (written or oral) regarding maintenance of the area identified in Exhibit A, the terms of this AGREEMENT shall control.
16. Severability. The unenforceability, invalidity, or illegality of any provision(s) of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal.
17. Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not constitute a waiver of the same or any other portion hereof.
18. Governing Law. This AGREEMENT shall be governed by and interpreted in accordance with California law.
19. Notice. If either PARTY shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case, notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case, notice is effective when delivered; (c) priority U.S. Mail, in which case, notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service.
20. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall complete them at their own costs, unless expressly stated otherwise in this AGREEMENT.
21. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. The STATE may terminate this AGREEMENT, should the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at the time and in the manner provided herein.
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22. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.
23. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the STATE.
24. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
CITY OF SAN RAFAEL STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
_____________________________
By: City Manager
ATTEST: By
_________________________________
_____________________________ LEAH BUDU Date
CITY Clerk Deputy District Director
Maintenance District 4
_____________________________
CITY Attorney
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Exhibit C
PARTY Representatives Contact information.
LOCAL AGENCY
Attn: Name of Project Manager: Adeel Shaikh
Address: 111 Morphew Street
City, Zip: San Rafael, 94901
Contact Number: (415) 725-9264
STATE
Attn: Name of DMAC: Shams Sahar
Email: [email protected]
STATE AREA MAINTENANCE SUPERINTENDENT
Attn: State Maintenance Regional Manager: Chad Klein
Email: [email protected]
Phone: (707) 753-3029
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PROJECT LOCATION
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Project Specific Maintenance Agreement with the City of San Rafael Marin County, Route 101, Post Mile 13.1
Large Trash Capture Device: SR-129 (Redwood Highway)
Sheet A-1: Location Map
Sheet 1 of 2
May 4, 2026
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Project Specific Maintenance Agreement with the City of San Rafael Marin County, Route 101 , Post Mile 13.1
Exhibit A
Sheet A-2: Site Plan
Sheet 2 of 2
Large Trash Capture Device: SR-129 (Redwood Highway) May 4, 2026