Agenda packet — San Rafael City Council, June 6, 2022 (part 1 of 2)

AGENDA
SAN RAFAEL CITY COUNCIL – MONDAY, JUNE 6, 2022
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/cc-2022-06-06 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 817-3692-0337#
One Tap Mobile: US: +16699009128,,81736920337#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms
• Face coverings are recommended for attendees
• Use the sign-in sheet (optional) which allows notification of potentially exposed individuals if contact tracing reveals COVID-19 transmission may have occurred in a given meeting • Attendance will be limited to 50 percent of room capacity (no more than 90 persons) and all inperson attendees should socially distance as recommended by public health authorities. If the Chambers are 50% occupied, please participate online instead or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.

How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to [email protected].
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment.

Any member of the public who needs accommodations should contact the City Clerk (email [email protected] or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 6:00 PM Dial-in: (669) 900-9128, Meeting ID: 919-8305-6599#

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 6:00 PM

2. Closed Session:
2 a. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Sections 54956.9(d)(2) and (e)(3): 1 case
b. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 case

OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

CITY MANAGER’S REPORT:

3. City Manager’s Report:

COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

4. Councilmember Reports:

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of City Council / Successor Agency Regular Meeting of Monday, May 16, 2022 (CC)
Recommended Action – Approve minutes as submitted
b. Use of Teleconferencing for Public Meetings During State of Emergency Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for Continued Use of Teleconferencing to Hold Public Meetings of City Boards and Commissions During the Continuing State of Emergency Relating to the Covid-19 Pandemic (CA)
Recommended Action – Adopt Resolution
c. Vacancies on San Rafael Boards and Commissions
Announcement of Vacancies on the Public Art Review Board (CC) Recommended Action – Receive and file
d. Statement of Economic Interests Annual Filings
Accept Report on Fair Political Practices Commission Form 700, Statement of Economic Interests, 2021 Annual Filings, For Section 87200 Filers and Designated Employees, Including Consultants, Design Review Board, and Park and Recreation Commission (CC) Recommended Action – Accept Report
3 e. Proposing General Municipal Election 2022
Resolution Calling and Giving Notice of By-District Elections for Districts 2/Western and 3/Eastern, and San Rafael Board of Education Trustee Area Elections for Areas 2 and 4, to be Held on November 8, 2022, Requesting the Marin County Board of Supervisors to Consolidate with Any Other Election Conducted on Said Date, and Requesting Election Services (CC)
Recommended Action – Adopt Resolution
f. Annual Adjustment to the Library Parcel Tax
Report Concerning the Annual Consumer Price Index (CPI) Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year July 1, 2022 Through June 30, 2023 as Specified in Voter-Approved Measure D (San Rafael Municipal Code Chapter 3.36) (AS/LR) Recommended Action – Accept Report
g. Crime Analyst Services
Resolution Authorizing the City Manager to Execute an Agreement for Crime Analysis Services with LexisNexis Risk Solutions, Inc., In an Amount of $146,675, and Appropriating this Amount from the Safety Grant Fund to Support the Agreement (PD) Recommended Action – Adopt Resolution
h. Congestion Management Program
Resolution Electing to be Exempt from the Marin County Congestion Management Program (PW)
Recommended Action – Adopt Resolution
i. Grand Avenue Cycle Track Grant Funding Agreement
Resolution Approving and Authorizing the City Manager to Execute a Funding Agreement with Association of Bay Area Governments (“ABAG”) In an Amount Not to Exceed $240,000 (PW)
Recommended Action – Adopt Resolution
j. Bungalow and Woodland Resurfacing Project
Resolution Approving the Re-Designed Plans for the Lower Bungalow Roadway Section and Authorizing the City Manager to Execute a Change Order to the Construction Agreement for the Bungalow and Woodland Resurfacing Project, City Project No. 11397, with Ghilotti Bros., Inc. In the Amount of $352,369, And Authorizing Additional Project Contingency Funds in the Amount of $47,631, For a Total Additional Appropriated Amount of $400,000 (PW)
Recommended Action – Adopt Resolution
k. 2021/22 Slurry Seal Project
Resolution Awarding and Authorizing the City Manager to Execute a Construction Agreement for 2021/22 Slurry Seal Project, City Project No. 11410, to Pavement Coatings Co. In the Amount of $1,029,500, and Authorizing Contingency Funds In the Amount of $120,500, for a Total Appropriated Amount of $1,150,000 (PW) Recommended Action – Adopt Resolution
4 l. Temporary Street Closure to Support Canal Alliance Community Fair Event and Ongoing Mobile COVID-19 Vaccinations in the Canal Neighborhood
Resolution Authorizing Street Closure on Saturday, June 18, 2022 from 9 AM to 7 PM to Support Canal Alliance’s Community Fair Event and Saturdays in July, 2022 for COVID-19 Mobile Vaccinations (PW)
Recommended Action – Adopt Resolution
m. Baypoint Lagoons Assessment District
Baypoint Lagoons Landscaping and Lighting Assessment District Annual Assessment FY 2022-23: (PW)
i. Resolution Directing Filing of Engineer’s Annual Report FY 2022-23 Recommended Action – Adopt Resolution
ii. Resolution Approving Engineer’s Annual Report FY 2022-23 Recommended Action – Adopt Resolution
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 5, 2022 Recommended Action – Adopt Resolution
n. Point San Pedro Road Median Landscaping Assessment District Point San Pedro Road Median Landscaping Assessment District Annual Assessment: (PW) i. Resolution Directing Filing of Engineer’s 2022-23 Annual Report Recommended Action – Adopt Resolution
ii. Resolution Approving Engineer’s 2022-23 Annual Report Recommended Action – Adopt Resolution
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 5, 2022 Recommended Action – Adopt Resolution

SPECIAL PRESENTATIONS

6. Special Presentations:
a. Presentation of LGBTQ+ Pride Month Proclamation (CM) b. Presentation of Juneteenth Proclamation (AS)
OTHER AGENDA ITEMS:

7. Other Agenda Items:
a. Special Tax on Properties at Loch Lomond 10 – Mello-Roos District No. 1992-1 Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond #10) for Fiscal Year 2022-23 (PW)
Recommended Action – Adopt Resolution
b. The Village at Loch Lomond Marina – Mello-Roos District No. 2 Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2022-23 (PW) Recommended Action – Adopt Resolution
5 PUBLIC HEARING

8. Public Hearing:
a. Board and Commission Updates
Resolution and Ordinance Changes to Existing City Boards and Commissions i. Resolution Amending the Bicycle and Pedestrian Advisory Committee Bylaws Recommended Action – Adopt Resolution
ii. Pass to Print an Ordinance of the City of San Rafael Amending Title 2.16.020 Through

2.16.023 of the San Rafael Municipal Code Related to the Park and Recreation Commission
Recommended Action – Pass Ordinance to Print
iii. Resolution Amending the Park and Recreation Commission Bylaws Recommended Action – Adopt Resolution
iv. Pass to Print an Ordinance of the City of San Rafael Amending Title 2.16.040 Through

2.16.110 of the San Rafael Municipal Code Related to the Planning Commission Recommended Action – Pass Ordinance to Print
v. Resolution Amending the Planning Commission Bylaws
Recommended Action – Adopt Resolution
SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None
ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online, in the City Clerk’s Office, Room 209, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting.. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.

Minutes subject to approval at the meeting of June 6, 2022

MINUTES
SAN RAFAEL CITY COUNCIL – MONDAY, MAY 16, 2022
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/cc-2022-05-16 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 899-2635-9885#
One Tap Mobile: US: +16699009128,,89926359885#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.

Present: Mayor Kate
Vice Mayor Kertz
Councilmember Bushey
Councilmember Hill
Councilmember Llorens Gulati

Absent: None
Also Present: City Manager Jim Schutz
2 City Attorney Robert Epstein
Deputy City Clerk Brenna Nurmi

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: None.

Mayor Kate called the meeting to order at 7:00 p.m. and invited Deputy City Clerk Brenna Nurmi to call the roll. All members of the City Council were present.

Mayor Kate provided opening remarks, which included gratitude to City Staff, National Public Works Week and the COVID-19 pandemic.

Deputy City Clerk Brenna Nurmi informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom, and members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone, through Zoom and in-person.

OPEN TIME FOR PUBLIC EXPRESSION
• Ruth Wetherow, President of Rotary Manor Resident’s Association addressed the City Council regarding a sinkhole at Rotary Manor. Other Rotary Manor residents including Via Lindbergs, Sharon Seaford, Triva Strauss, Victoria Cooper, Wayne Baker and Maria Di Gregorio also addressed the City Council regarding the sinkhole. • Salamah Locks, Marin County Commission on Aging announced their upcoming health forum on “Affordable Aging” to be held on Thursday, May 26 at Homeward Bound from 10 a.m. to 2 p.m.
• Eva Chrysanthe, addressed the City Council regarding services at the Service Support Area. • Michael Wilson, Behavioral Health and Recovery Services (Marin County Adult and Aging Services) announced 920 Grand Avenue, a new residential treatment facility. • David Smith, Responsible Growth Marin addressed the City Council regarding the Northgate Mall Project.
• Dr. Jei Africa, Director of Behavioral Health and Recovery Services (Marin County) highlighted 920 Grand Avenue, a new residential treatment facility. • Annika Osborn, Sustainable San Rafael, addressed the City Council regarding the use of natural gas (methane gas) in buildings.

CITY MANAGER’S REPORT:

3. City Manager’s Report:

City Manager Jim Schutz announced:
• Dining Under the Lights starts May 26 through September, every Thursday, 6-10 p.m. • Parks and Recreation Master Plan Update
• National Public Works Week
City Attorney Rob Epstein announced Assistant City Attorney Lisa Goldfien’s retirement and welcomed new Assistant City Attorney Genevieve Coyle.

Mayor Kate invited public comment.
3 Speaker: Eva Chrysanthe
COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

4. Councilmember Reports:
• Councilmember Kertz provided comments on Jewish American Heritage Month and her recently formed North Bay Jewish Electeds group.
• Councilmember Hill provided comments on Asian American and Pacific Islander Heritage Month. He reported on the May Madness Car Show and an Intergenerational Collaboration and the Next Generation of City Leadership event held in Sacramento. • Councilmember Bushey reported on Central Marin Sanitation Agency, San Rafael Sanitation Agency and Loch Lomond Oversight Committee meetings. She noted an upcoming Dominican community meeting on parking adjustments to be held on Tuesday, May 24 at 6:30 p.m.
• Councilmember Llorens Gulati reported on the May Madness Car Show, as well as, Canal Policy Working Group, San Rafael Park and Services feedback, Economic Development Subcommittee meetings and the 2022 Leaders of the North Bay Awards event. • Mayor Kate noted National Gun Violence Awareness Day and announced an upcoming Marin Gun Buy-Back event to be held on Saturday, June 4, 9 a.m. to 1 p.m., as well as, a SMART meeting and a St. Vincent de Paul’s Ribbon Cutting event for a new case management office.

Mayor Kate invited public comment.

Speaker: Eva Chrysanthe
CONSENT CALENDAR:

Mayor Kate invited public comment.

Speakers: Sparky Spaeth and Diana Lopez, Age-Friendly San Rafael Community Partnership, Eva Chrysanthe
Councilmember Hill moved and Councilmember Bushey seconded to approve the Consent Calendar.

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of City Council / Successor Agency Regular Meeting of Monday, May 2, 2022 (CC)
Approved minutes as submitted
b. Use of Teleconferencing for Public Meetings During State of Emergency Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for Continued Use of Teleconferencing to Hold Public Meetings of City Boards and Commissions During the Continuing State of Emergency Relating to the Covid-19 Pandemic (CA)
Resolution 15066 - Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for Continued Use of Teleconferencing to Hold Public Meetings of 4 City Boards and Commissions During the Continuing State of Emergency Relating to the Covid-19 Pandemic
c. Smoking Ordinance Amendments
Final Adoption of Ordinance 2008: An Ordinance Amending Sections 9.04.030, 9.04.090 and 19.10.060 of the San Rafael Municipal Code Prohibiting Smoking in Open Space YearRound and Requiring Designated Smoking Areas in Multi-Family Housing Complexes with Over 10 Units Located Within 1,000 Feet from Open Space and Undeveloped Lots in Order to Prevent Cigarette-Caused Fires (CC)
Approved final adoption of Ordinance 2008
d. City of San Rafael 2022 Equity Audit
Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with BCT Partners for Consulting Services to Perform an Equity Audit of Citywide Policies, Programs, and Practices in the Amount of $170,000 (CM) Resolution 15067 - Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with BCT Partners for Consulting Services to Perform an Equity Audit of Citywide Policies, Programs, and Practices in the Amount of $170,000 e. Community Engagement, Equity & Housing Policy Consulting Services Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with Liz Darby for Consulting Services (CM) Resolution 15068 - Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with Liz Darby for Consulting Services f. National Older Americans Month
Proclamation Supporting National Older Americans Month (LR) Received and filed
g. National Gun Violence Awareness Day
Proclamation Supporting National Gun Violence Awareness Day (PD) Received and filed
h. National Public Works Week
Proclamation Supporting National Public Works Week (PW) Received and filed
i. Jewish American Heritage Month
Proclamation Supporting Jewish American Heritage Month (CC) Received and filed
j. Asian American and Pacific Islander Heritage Month
Proclamation Supporting Asian American and Pacific Islander Heritage Month (HR) Received and filed
k. PG&E Easement Required for Third Street Improvements Project Resolution Authorizing the City Manager to Execute a Deed Granting an Easement for Public Utility Purposes to Pacific Gas and Electric Company (PW) Resolution 15069 - Resolution Authorizing the City Manager to Execute a Deed Granting an Easement for Public Utility Purposes to Pacific Gas and Electric Company 5 l. Sun Valley Park Deed Restriction
Resolution Authorizing the City Manager to Execute a Deed Restriction on the City Owned Parcel (APN 010-071-01) for Sun Valley Park (PW)
Resolution 15070 - Resolution Authorizing the City Manager to Execute a Deed Restriction on the City Owned Parcel (APN 010-071-01) for Sun Valley Park m. Francisco Boulevard East Sidewalk Improvements
Accept Completion of the Francisco Boulevard East Sidewalk Improvements Project (City Project No. 11349) and Authorize the City Clerk to File the Notice of Completion (PW) Accepted completion and authorized City Clerk to file NOC AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None

SPECIAL PRESENTATIONS

6. Special Presentations:
a. Presentation of Proclamation Supporting Mental Health Awareness Month (PD) Vice Mayor Kertz presented the proclamation.

Mayor Kate invited public comment.

Speakers: Eva Chrysanthe, Dr. Jei Africa, Director of Behavioral Health and Recovery Services (Marin County)

PUBLIC HEARING

7. Public Hearing:
a. Amendment to San Rafael’s Building Code to Require Replacement of Wood Roofing Final Adoption of Ordinance 2009: An Ordinance Amending Chapters 12.200 and 12.255 of the San Rafael Municipal Code to Make Local Amendments to California Building Codes to Require that Wood Roofing be Replaced by May 31, 2027 (FD) Quinn Gardner, Deputy Director of Emergency Management presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speaker: Eva Chrysanthe
Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt Ordinance No. 2009.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
6 Approved final adoption of Ordinance 2009
b. BioMarin Development Agreement
Resolution Approving the 2nd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street); Case No.: P22-004 (CD) Alicia Giudice, Community Development Director presented the Staff Report.

Staff, including Shar Zamanpour, BioMarin responded to questions from Councilmembers.

Mayor Kate invited public comment; however, there was none.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15071 - Resolution Approving the 2nd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street); Case No.: P22-004
OTHER AGENDA ITEMS:

8. Other Agenda Items:
a. Public Art Program and Formation of the Public Art Review Board Resolution Approving the Formation of the Public Art Review Board (LR) Cristine Alilovich, Assistant City Manager and Catherine Quffa, Library & Recreation Director presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speakers: Kristen Jacobson, Youth in Arts, Eva Chrysanthe Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Llorens Gulati seconded to adopt the resolution.
7 AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15072 - Resolution Approving the Formation of the Public Art Review Board b. Preliminary Capital Improvement Program
Informational Report on Preliminary Three-Year Capital Improvement Program (PW/Fin) April Miller, Assistant Public Works Director/City Engineer presented the Staff Report.

Bill Guerin, Public Works Director provided comments.

Rob Epstein, City Attorney provided clarifying comments regarding potential conflicts of interest.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speakers: Salamah Locks, Sunny Lee
Staff responded to public comment.

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Bushey seconded to accept the report.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report
SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None
ADJOURNMENT:

Mayor Kate adjourned the meeting at 9:52 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.b
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Genevieve Coyle,
Assistant City Attorney
City Manager Approval: ______________
TOPIC: USE OF TELECONFERENCING FOR PUBLIC MEETINGS DURING STATE OF

EMERGENCY
SUBJECT: RESOLUTION PURSUANT TO ASSEMBLY BILL 361 MAKING FINDINGS AND

CONFIRMING THE NEED FOR CONTINUED USE OF TELECONFERENCING TO

HOLD PUBLIC MEETINGS OF CITY BOARDS AND COMMISSIONS DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE COVID-19 PANDEMIC RECOMMENDATION:

Adopt the resolution pursuant to Assembly Bill 361 making findings and confirming the need for continued use of teleconferencing to hold public meetings of City boards and commissions during the continuing state of emergency relating to the COVID-19 pandemic.

BACKGROUND:

The Ralph M. Brown Act (“Brown Act”) requires that except as specifically provided, “meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body”. (Gov. Code §54953(a).) For many years, the Brown Act has authorized members of a local agency’s legislative body to attend a public meeting by teleconference in compliance with strict procedural requirements. Under Government Code section 54953(b)(3), to use teleconferencing, at least a quorum of the legislative body must participate from locations within the agency’s boundaries, and the agency must give notice of each teleconference location, post an agenda at each teleconference location, provide for public access to each teleconference location, and allow members of the public to address the Council at each teleconference location.

On March 4, 2020, Governor Newsom declared a statewide state of emergency in connection with the COVID-19 pandemic. Subsequently, on March 18, 2020, the Governor issued Executive Order No. N29-20 suspending the Brown Act’s requirements for in-person meetings and facilitating the use of teleconferencing for public meetings during the state of emergency. The Executive Order authorized public meetings to be held by teleconference only, provided that notice and accessibility requirements are met, members of the public are allowed to observe and address the legislative body at the meeting, and there is a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities. This order allowed the City Council and the City’s other formal boards and commissions to hold their public meetings using teleconferencing technologies until the order expired on SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
September 30, 2021. On September 16, 2021 Governor Newsom signed into law as an urgency measure Assembly Bill (AB) 361. AB 361 amended the Brown Act provisions governing the use of teleconferencing for public meetings of a local agency’s legislative bodies, allowing more liberal teleconferencing requirements to continue during the current and future state-declared emergencies.

Therefore, since October 1, 2021, the City has relied on the amendments enacted by AB 361 as its authority to continue to hold meetings using teleconferencing technologies.

Government Code section 54953, as amended by AB 361, now provides in new subsection (e)(1), that during the current and any future state-declared state of emergency, the legislative body of a local agency may use teleconferencing without complying with the procedural requirements of Government Code section 54953(b)(3) in any of three circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Certain additional requirements would apply under the new law, however, including specific requirements as to how public comment must be allowed and heard, with which the City already complies. In addition:
• In the event of a disruption which prevents the City from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the callin option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
• If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
o The legislative body has reconsidered the circumstances of the state of emergency. o Any of the following circumstances exist:
 (i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
 (ii) State or local officials continue to impose or recommend measures to promote social distancing.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ANALYSIS:

The City Council has determined that it is now safe to hold in person meetings in the City Council Chambers, and the Council held its first such meeting on April 18, 2022. The City Council Chambers are roomy enough to allow for social distancing in most cases and are now equipped with teleconferencing equipment that also allows participation in public meetings from other locations. This hybrid meeting model provides an alternative means to attend for those persons who feel they cannot safely attend in person, as well as for those persons who may find it more convenient to participate in the meetings through teleconferencing.

Other boards and commissions that meet in the City Council Chambers will also be able to meet in person. However, not all City boards and commissions meet in the City Council Chambers and staff has not yet been able to make comparable arrangements for hybrid meetings in those other meeting locations. Therefore, staff recommends that the City Council continue to adopt the resolution required by AB 361, so that these other boards and commissions can continue to meet using teleconferencing technology.

The resolution before the City Council is intended to comply with the requirement to make specified findings every 30 days. The resolution finds that the state of emergency continues in effect, that measures to promote social distancing are still being imposed or recommended by the state and county, and that the state of emergency directly impacts the ability of the public and the members of the City’s Council, boards, and commissions to meet safely in person. The proposed resolution confirms the City Council’s determination that all public meetings of the City’s legislative bodies (the Council and all formal boards and commissions) may continue to be held using only teleconferencing technology.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the attached resolution.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution as proposed.

2. Adopt a modified resolution.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt the resolution pursuant to Assembly Bill 361 making findings and confirming the need for continued use of teleconferencing to hold public meetings of the San Rafael City boards and commissions during the continuing state of emergency relating to the COVID-19 pandemic.

ATTACHMENTS:

1. Resolution
1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361

MAKING FINDINGS AND CONFIRMING THE NEED FOR CONTINUED USE OF

TELECONFERENCING TO HOLD PUBLIC MEETINGS OF CITY BOARDS AND

COMMISSIONS DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020 Governor Newsom issued a proclamation pursuant to Government Code Section 8625 declaring a state of emergency in California due to the COVID19 pandemic; and WHEREAS, the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.) (hereafter, the “Brown Act”) provides in Government Code section 54953 that “all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided by this chapter”; and WHEREAS, Government Code section 54953(b)(3) permits the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law, subject to specified procedural requirements including, but not limited to, the posting of agendas at all teleconference locations, the opportunity for members of the public to address the legislative body directly at each teleconference location, and that at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the legislative body exercises jurisdiction; and WHEREAS, Government Code section 54953(e), added by Assembly Bill 361 effective September 16, 2021, provides, in section 54953(e)(1), that during a state of emergency proclaimed pursuant to Government Code section 8625, the legislative body of a local agency may hold a meeting using teleconferencing without complying with the procedural requirements of section 54953(b)(3), provided that the legislative body complies with the requirements of section 54953(e)(2); and
WHEREAS, pursuant to Government Code section 54953(e)(3), if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, then in order to continue to teleconference without compliance with the requirements of section 54953(b)(3), the legislative body shall make specified findings at least every 30 days; and
WHEREAS, the City Council has reconsidered the circumstances of the proclaimed COVID-19-related state of emergency and finds that it remains active; and WHEREAS, the City Council finds that state and/or local officials continue to impose or recommend measures to promote social distancing, including masking in certain indoor public settings; and
WHEREAS, the City Council finds that the state of emergency continues to directly impact the ability of certain City boards and commissions to meet safely in person; 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that in order to protect the safety of the members of the public and its legislative bodies, for the 30 days following adoption of this resolution, public meetings of the City’s legislative bodies may continue to be held using teleconferencing technology in compliance with the requirements of Government Code section 54953(e)(2) and all other applicable laws.

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 6th day of June 2022 by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

___________________
Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.c
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: VACANCIES ON SAN RAFAEL BOARDS AND COMMISSIONS
SUBJECT: ANNOUNCEMENT OF VACANCIES ON THE PUBLIC ART REVIEW BOARD RECOMMENDATION:

Receive and file the announcement of upcoming vacancies on San Rafael’s Boards and Commissions.

BACKGROUND:

The City Clerk’s office is currently recruiting to fill upcoming vacancies on our boards and commissions.

Community members can apply online to serve on our boards and commissions, and more information and eligibility requirements are as follows:

Public Art Review Board
Board Description: The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations.

Term: One Member: Appointment through August 2024
One Member: Appointment through August 2026
One Member: Appointment through August 2026
2022 Meeting Schedule: Public meetings shall be held a minimum of four (4) times per year but may meet more frequently or on an ad hoc basis, as needed.

Quarterly meetings for the upcoming year shall be scheduled annually by November of the previous year.

Eligibility Requirements: Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business.

Application Deadline (subject to extension): Tuesday, June 28, 2022.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
COMMUNITY OUTREACH:

The recruitment for applications is being advertised through mass email notification, the City’s website, social media platforms, as well as physically posted at City facilities and the City Clerk’s office.

Additionally, the City Clerk’s office publishes information about how residents can learn about vacancies in the In Your Town section of the Marin IJ on a quarterly basis.

RECOMMENDED ACTION:

Receive and file the announcement of upcoming vacancies on San Rafael’s Boards and Commissions. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.d
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: __________ TOPIC: STATEMENT OF ECONOMIC INTERESTS ANNUAL FILINGS
SUBJECT: ACCEPT REPORT ON FAIR POLITICAL PRACTICES COMMISSION FORM 700, STATEMENT OF ECONOMIC INTERESTS, 2021 ANNUAL FILINGS, FOR SECTION 87200 FILERS AND DESIGNATED EMPLOYEES, INCLUDING

CONSULTANTS, DESIGN REVIEW BOARD, AND PARK AND RECREATION

COMMISSION
RECOMMENDATION: Accept report.

BACKGROUND:

On September 21, 2020, the City Council, by Resolution No. 14855, updated/adopted a Conflict of Interest Code for Designated Employees as required by the Fair Political Practices Commission (FPPC).

The City Council is the Code Reviewing Body for all Forms 700, “Conflict of Interest Statement for Designated Employees”, and the City Clerk is the Filing Officer.

The annual filings of Form 700 for designated employees, including the Design Review Board, Park and Recreation Commission, and the City’s consultants, due April 1, 2022, were for the most part filed in a timely manner, substantially complying with filing requirements, and have been verified for completeness. These documents are available for review in the City Clerk’s office. Filers who did not file their Form 700 by the deadline have received their first of two nonfiler notifications, and are subject to late fines.

The majority of Forms 700 Statement of Economic Interests filed by Section 87200 filers, such as the Mayor and City Council, City Manager, City Treasurer/Finance Director and City Attorney were filed by the deadline of Friday, April 1, 2022. The City Council and Planning Commission each had one late filer who has since filed their Form 700.

ATTACHMENTS:

1. Conflict of Interest Code
a. Exhibit A – Designated Employee List
b. Exhibit B – Disclosure Categories
1 APPENDIX A
Designated Employees

DISCLOSURE

DEPARTMENT POSITION CATEGORY
All Departments Associate Management Analyst 1, 2
Management Analyst 1, 2
Senior Management Analyst 1, 2
Administrative Analyst 1, 2
Professional Analyst (Fixed Term) 1, 2
Business Systems Analyst (Fixed Term) 1, 2
City Attorney Assistant City Attorney 1, 2
Deputy City Attorney II 1, 2
City Clerk City Clerk 1, 2
Deputy City Clerk 1, 2
City Manager Assistant City Manager 1, 2
Director of Homeless Planning & Outreach 1, 2
Director of Economic Development and Innovation 1, 2
Economic Development Program Coordinator 1, 2
Sustainability and Volunteer Program Coordinator 1, 2
Community Development Community Development Director 1, 2 Planning Manager 1, 2
Senior Planner 1, 2
Associate Planner 1, 2
Assistant Planner 1, 2
Planning Technician 1, 2
Senior / Code Enforcement Supervisor 1, 2
Code Enforcement Official III 1, 2
Code Enforcement Official II 1, 2
Code Enforcement Official I 1, 2
Chief Building Official 1, 2
Permit Services Coordinator 1, 2
Senior Building Inspector 1, 2
Building Inspector II 1, 2
Building Inspector I 1, 2
Digital Service and Open Government Director of Digital Service and Open Government 1, 2 Technology Operations Manager 1, 2
Data & Infrastructure Manager 1, 2
Civic Design Manager 1, 2
Network Analyst 3a, 3d, 3g
GIS Analyst 3e, 3g
Fire Fire Chief 1, 2
Deputy Fire Chief 1, 2
Battalion Chief – Operations 1, 2
Battalion Chief – Administration 1, 2
Administrative Fire Captain 2, 3d, 3e, 3g
Deputy Fire Marshal 1, 2
Fire Prevention Specialist 2, 3d, 3e, 3g
Fire Prevention Inspector II 2, 3d, 3e, 3g
Fire Prevention Inspector I 2, 3d, 3e, 3g
Environmental Management Coordinator 2, 3d, 3e, 3g
Emergency Management Coordinator 2, 3d, 3e, 3g

DISCLOSURE

DEPARTMENT POSITION CATEGORY
2 Vegetation Management Specialist 2, 3d, 3e, 3g
Finance Accounting Manager 1, 2
Revenue Supervisor 1, 2
Principal Accountant 1, 2
Senior Accountant 1, 2
Payroll Technician 3a, 3c, 3g
Human Resources Director of Employee Experience and Culture 1, 2 Human Resources Operations Manager 1, 2
Library and Recreation Library and Recreation Director 1, 2 Assistant Library and Recreation Director 1, 2
Senior Recreation Supervisor 3a, 3b, 3f, 3g
Program Coordinator 3a, 3b, 3f, 3g
Supervising Librarian 3a, 3b, 3f, 3g
Librarian I/II 3a, 3b, 3f, 3g
Parking Services Parking Services Manager 1, 2
Parking Operations Supervisor 2, 3a, 3d, 3g
Police Chief of Police 1, 2
Police Captain 1, 2
Police Lieutenant 1, 2
Police Support Services Supervisor 3d, 3e, 3f, 3g
Police Community Services Officer 3d, 3f, 3g
Public Works Public Works Director 1, 2
Assistant Public Works Director / City Engineer 1, 2
Deputy Public Works Director 1, 2
Senior Civil Engineer 1, 2
Associate Civil Engineer 1, 2
Assistant Civil Engineer 1, 2
Sr. Associate Engineer 1, 2
Jr. Engineer 3e, 3g
Engineering Technician I 3e, 3g
Engineering Technician II 3e, 3g
Traffic Engineer 1, 2
Traffic Engineering Technician I 3e, 3g
Traffic Engineering Technician II 3e, 3g
Streets Maintenance Supervisor 1, 2
Parks Maintenance Supervisor 1, 2
Operations and Maintenance Manager 1, 2
Facility Repair Supervisor 3d, 3e, 3f
Shop & Equipment Supervisor 3d, 3e, 3f
Senior Project Manager 1, 2
Sanitation District District Manager / District Engineer 1, 2 Sr. Civil Engineer 1, 2
Associate Civil Engineer 1, 2
Jr. Engineer 1, 2
Sewers Maintenance Supervisor 3d, 3e, 3f
Sewer Maintenance Superintendent 3d, 3e, 3f
Boards & Commissions Design Review Board 1, 2
Park & Recreation Commission 1, 2
Consultants ** 1, 2

DISCLOSURE

DEPARTMENT POSITION CATEGORY
3 ** With respect to Consultants, the relevant department director may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department director shall forward a copy of this determination to the City Clerk. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code.

Designated Employees 2020

APPENDIX B
Disclosure Categories
Category 1: All investments and sources of income.

Category 2: All interests in real property in the jurisdiction of San Rafael or within 2 miles of the jurisdiction of San Rafael.

Category 3: Investments in business entities and sources of income of the type which have or foreseeably could contract with the City to provide services, supplies, materials, machinery, or equipment; or which could be enhanced when a designated employee makes or participates in making a decision.
a. Personnel agencies or personnel consultants;
b. Municode and Marin County newspapers;
c. Financial institutions;
d. Department record forms, communications equipment, safety equipment, firefighting or fire detection equipment, automotive or rolling stock sales, automotive parts or equipment, general departmental supplies or equipment; e. Building supplies or building, contractor, or construction firms; f. Travel agencies, recreation and athletic supplies, building maintenance and cleaning supplies;
g. Book, software, and audio-visual publishers and distributors; computer equipment manufacturers and distributors.

NOTE: PENALTY FOR LATE FILING:

As required under the Political Reform Act of 1974, as amended, section 91013, if any person files an original statement after any deadline, he shall be liable in the amount of $10.00 per day after the deadline until the statement is filed, up to a maximum of $100.00, whichever is greater.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.e
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: PROPOSING GENERAL MUNICIPAL ELECTION 2022
SUBJECT: RESOLUTION CALLING AND GIVING NOTICE OF BY-DISTRICT ELECTIONS FOR DISTRICTS 2/WESTERN AND 3/EASTERN, AND SAN RAFAEL BOARD OF EDUCATION TRUSTEE AREA ELECTIONS FOR AREAS 2 AND 4, TO BE HELD ON NOVEMBER 8, 2022, REQUESTING THE MARIN COUNTY BOARD OF

SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON

SAID DATE, AND REQUESTING ELECTION SERVICES
RECOMMENDATION:

Adopt the resolution.

BACKGROUND:

The Charter of the City of San Rafael ties the date of the general municipal election to the date of election required by general law for the governing board members of a school district. In 2018, the City Council adopted an ordinance which established a by-district election process in four council districts pursuant to California Elections Code 10010 and California Government Codes 34871(A) and 34886. Pursuant to the ordinance, in the November 2022 election, Councilmembers shall be elected in Council Districts 2/Western and 3/Eastern. Subsequently, in 2019 the San Rafael City Schools Board of Education adopted a resolution which established a by-trustee area election process in five Board Member Trustee Areas.

Following the Census, the City Council adopted Resolution 15047 which adopted the unmodified City of San Rafael District Elections Map. Subsequently, the San Rafael City Schools Board of Education adjusted the boundaries of the five Trustee Areas and adopted the Board of Education Trustee Area Map.

For the City of San Rafael, the terms of Councilmember Eli Hill (representing District 2/Western) and Councilmember Maribeth Bushey (representing District 3/Eastern) will be expiring in November 2022.

Candidates for the City Council seats in Districts 2/Western and 3/Eastern must each reside in the district in which they wish to represent.

For the San Rafael City Schools Board of Education, the terms of Board Vice President Lucia MartelDow (representing Trustee Area 2) and Board Member Carolina Martin (representing Trustee Area 4) will SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
be expiring in November 2022. Candidates for the Board of Education seats for Trustee Areas 2 and 4 must each reside in the Area in which they wish to represent.

In preparation for the election, the City Council must adopt a resolution to call the general municipal election to be held on November 8, 2022; request consolidation with Marin County Elections; and request election services from the Marin County Elections Department. In order to consolidate the election, the Marin County Board of Supervisors and the Department of Elections must receive notice by August 12, 2022.

ANALYSIS:

California Government Code Section 36503 and California Elections Code Section 1000(c) authorize a regular municipal election to be conducted on November 8, 2022. Sections 10002, 10403 and 10418 of the California Elections Code authorize the City Council to request the County of Marin Board of Supervisors to permit the County Elections Official to render specified services relating to the conduct of the election on a reimbursable basis. The County of Marin has the resources to conduct an election for all special districts and local municipalities in the most cost-effective manner and has routinely provided the City of San Rafael with this service in the past.

Adopting this resolution would call for a general municipal election to be held within the City of San Rafael on Tuesday, November 8, 2022 for the purpose of presenting the following election issues to the voters:

1. Election of one (1) District 2/Western City Councilmember for the full term of four years

2. Election of one (1) District 3/Eastern City Councilmember for the full term of four years

3. Election of one (1) Area 2 Board of Education Trustee for the full term of four years

4. Election of one (1) Area 4 Board of Education Trustee for the full term of four years.

The nomination period for the November 8, 2022 General Municipal Election opens on July 18, 2022 and will close on August 12, 2022. If an incumbent does not file by the August 12, 2022 deadline, the nomination period will be extended to Wednesday, August 17, 2022. If there is only one candidate for each vacant seat and there are no ballot measures, the Council may determine that no election is necessary and may, at that time, vote to cancel the election and appoint the candidates to Office.

FISCAL IMPACT:

According to the Registrar of Voters Office, the City’s cost will range from $2.00 to $3.00 per voter. There are a total of 10,399 voters in District 2, and 9,599 voters in District 3, for a total of 19,998 registered voters resulting in costs totaling between $39,996 and $59,994 which has been appropriated in the budget. Due to vote centers, there is a possibility the cost for the election may be higher, per the Marin County Elections Department.

San Rafael City Schools shall cover their portion of the cost related to the November 8, 2022 General Municipal Election.

RECOMMENDED ACTION:

Adopt the resolution.

ATTACHMENTS:

1. Resolution

2. City Council District Map

3. Board of Education Trustee Area Map
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING AND GIVING NOTICE OF BY-DISTRICT ELECTIONS FOR DISTRICTS 2/WESTERN AND 3/EASTERN, AND SAN RAFAEL BOARD OF EDUCATION TRUSTEE AREA ELECTIONS FOR AREAS 2 AND 4, TO BE HELD ON NOVEMBER 8, 2022, REQUESTING THE MARIN

COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION

CONDUCTED ON SAID DATE, AND REQUESTING ELECTION SERVICES WHEREAS, in 2018, the City Council adopted Ordinance No. 1956, which established a bydistrict election process in four council districts pursuant to California Elections Code Section 10010 and California Government Code Sections 34871(A) and 34886. Subsequently, in 2019, the San Rafael City Schools Board of Education adopted a resolution which established a by-trustee area election process in five Board Member Trustee Areas; and WHEREAS, in 2022, the City Council adopted Resolution 15047 which adopted the unmodified City of San Rafael District Elections Map. Subsequently, in 2022, the San Rafael City Schools Board of Education adjusted the boundaries of the five Trustee Areas and adopted the Board of Education Trustee Area Map; and
WHEREAS, two out of the four San Rafael Districts (Districts 2/Western and 3/Eastern) will have their second district elections in November 2022; and WHEREAS, two out of the five Board of Education Trustee Areas (Areas 2 and 4) will have their second Area elections in November 2022; and
WHEREAS, it is the determination of the City Council to continue requesting the Board of Supervisors to provide election services for the upcoming district-based City elections and Trustee Area elections; and
WHEREAS, the general municipal election is to be held within the City of San Rafael on Tuesday, November 8, 2022 for the purpose of presenting the following election issues to the voters:

Election of one (1) District 2/Western City Councilmember for the full term of four years Election of one (1) District 3/Eastern City Councilmember for the full term of four years Election of one (1) Area 2 Board of Education Trustee for the full term of four years Election of one (1) Area 4 Board of Education Trustee for the full term of four years; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the General Municipal Election with any other election conducted on the same date; and
WHEREAS, the City Council of the City of San Rafael may request election services by the Registrar of Voters of Marin County, California; and
WHEREAS, the estimated cost of the City’s election will range between $39,996 and $59,994 which has been appropriated in the budget, and San Rafael City Schools shall cover their portion of the cost related to the November 8, 2022 General Municipal Election; and 2 WHEREAS, the City Council reaffirms that should a candidate wish to avail themselves of the right to prepare a candidate’s statement of qualifications, there shall be a cost of printing 200 words and handling same, which will be provided by the Marin County Registrar of Voters and will be borne by the candidate and not by the City of San Rafael or San Rafael City Schools.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that pursuant to the requirements of the laws of the State of California there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 8, 2022, a General Municipal Election of the qualified electors of San Rafael.

BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is hereby requested to:

1. Consolidate this election with any other election conducted on the same day; and

2. Authorize and direct the Registrar of Voters to provide the following election services and to canvass the results of said election:

Provide Voter Indexes
Provide Voter Count by Precinct
Provide Verification of Signatures
Provide Drayage and Rental of Polling Places
Provide Printing of Sample and Official Ballots
Provide Printing of Candidates' Statements of Qualifications Appoint and Notify Election Officers
Mail Sample Ballots and Polling Place Notification
Provide Precinct Supplies
Provide Training of Precinct Workers
Provide Processing of Vote by Mail Ballots
Provide Central Counting
Provide Canvass of Votes Cast
Provide such other services as are necessary to conduct the Municipal Election
BE IT FURTHER RESOLVED that the ballots to be used at the election shall be in both form and matter as required by law.

BE IT FURTHER RESOLVED that the polls for the election shall be opened at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby reaffirm that the number of words of the candidate’s statement of qualifications for all San Rafael Municipal Elections shall be no more than 200 words, and the cost of printing of the candidate’s statement of qualifications, determined by the Marin County Registrar of Voters 3 shall be borne by the candidate and not by the City of San Rafael, and that the cost shall be paid by the candidate at the time Nomination Papers are filed.

BE IT FURTHER RESOLVED that no additional materials shall be prepared to be sent on behalf of the candidate with the City of San Rafael Ballot/Voters Pamphlet.

BE IT FURTHER RESOLVED that in all particulars not recited in this resolution the election shall be held and conducted as provided by law for holding municipal elections in said City.

BE IT FURTHER RESOLVED that notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law.

BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the forgoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
__________________________________
Lindsay Lara, City Clerk
4 San Rafael Redistricting 2022
Current Districts
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Current Districts
District 1
Total Pop 14,853
Deviation from ideal -480
% Deviation -3.13%
% Hisp 79.8%
% NH White 12%
% NH Black 1%
% Asian-American 5%
Total 4,296
% Hisp 42%
% NH White 41%
% NH Black 3%
% Asian/Pac.Isl. 13%
Total 3,340
% Latino est. 33%
% Spanish-Surnamed 30%
% Asian-Surnamed 10%
% Filipino-Surnamed 1%
% NH White est. 54%
% NH Black 3%
Total 2,637
% Latino est. 30%
% Spanish-Surnamed 28%
% Asian-Surnamed 10%
% Filipino-Surnamed 1%
% NH White est. 56%
% NH Black 3%
Total 1,858
% Latino est. 22%
% Spanish-Surnamed 21%
% Asian-Surnamed 8%
% Filipino-Surnamed 1%
% NH White est. 64%
% NH Black est. 3%
ACS Pop. Est. Total 15,353
age0-19 37%
age20-60 54%
age60plus 9%
immigrants 48%
naturalized 17%
english 25%
spanish 67%
asian-lang 4%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 48%
hs-grad 32%
bachelor 12%
graduatedegree 8%
Child in Household child-under18 51%
Pct of Pop. Age 16+ employed 73%
income 0-25k 20%
income 25-50k 24%
income 50-75k 21%
income 75-200k 25%
income 200k-plus 10%
single family 30%
multi-family 70%
rented 77%
owned 23%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 15,732
399

2.60%
21%
65%
2%
7%
10,843
7%
84%
3%
5%
10,501
7%
7%
3%
1%
85%
3%
9,288
7%
6%
3%
1%
86%
3%
7,801
5%
5%
3%
0%
88%
2%
14,193
17%
57%
25%
18%
38%
82%
12%
2%
4%
7%
29%
37%
22%
22%
71%
12%
17%
12%
38%
22%
53%
47%
58%
42%
3 14,720
-613
-4.00%
21%
64%
2%
9%
10,421
10%
76%
3%
9%
9,653
7%
7%
4%
1%
86%
2%
8,610
6%
6%
4%
1%
87%
2%
7,233
6%
5%
3%
1%
88%
2%
13,721
20%
44%
36%
19%
63%
76%
11%
5%
8%
9%
28%
34%
24%
23%
57%
14%
14%
8%
36%
28%
74%
26%
36%
64%
4 16,028
695

4.53%
18%
64%
2%
12%
10,843
9%
80%
1%
8%
10,440
7%
6%
4%
1%
87%
1%
9,231
6%
6%
4%
1%
87%
1%
7,691
5%
5%
4%
1%
89%
1%
15,632
23%
47%
31%
22%
48%
72%
11%
5%
12%
12%
25%
34%
29%
27%
62%
11%
11%
15%
40%
23%
60%
40%
37%
63%
Total
61,333
1,308

8.53%
34%
52%
2%
8%
36,403
12%
75%
3%
8%
33,934
10%
9%
4%
1%
83%
2%
29,766
9%
8%
4%
1%
84%
2%
24,583
7%
6%
4%
1%
86%
2%
58,898
25%
50%
25%
27%
34%
64%
25%
4%
7%
19%
28%
31%
22%
29%
66%
13%
16%
13%
36%
22%
56%
44%
50%
50%
02/12/2022 15:03 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Lucas ValleyRd
Bolinas Rd
4th St
Sir Francis Drake Blvd
2nd St
D St
Castro St
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N San Pedro Rd
7 Center Blvd
Ignacio Blvd Nave
Dr
Lincoln Ave
Grand Ave
Andersen Dr
Doherty Dr
Los Ranchitos Rd
Canal St
M iller Creek Rd
Red Hill Ave
E Sir Francis Drake Blvd
Wolfe Grade
Bon Air Rd
4th St
£¤101
§¨¦580
Sources: Esri, USGS, NOAA

SAN RAFAEL CITY SCHOOLS BOARD OF EDUCATION TRUSTEE AREAS µ
0 0.45 0.9 1.8 2.7 3.6
Miles February 2022
San Rafael City Schools (SRCS)
County Boundaries
Area Outside of SRCS
SRCS Trustee Areas
Trustee Area No. 1
Trustee Area No. 2
Trustee Area No. 3
Trustee Area No. 4
Trustee Area No. 5
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2nd St
3rd St
D St
Francisco Blvd E
Point San Pedro Rd
Andersen Dr
1B
Sir Francis Drake Blvd
Grand
Ave
Canal St
Lincoln
Ave
Kerner Blvd
Francisco Blvd W
E Sir Francis Drake Blvd
C St
A St
Wolfe
Grade
Bellam Blvd
Irwin St
Bon Air Rd
Medway Rd
Magnolia Ave
Union St
Main St
Irwin St
C
D
4th
5th
3rd
...
2nd
B
Francisco
Hwy 580
E
Andersen
NWP RR
Mission
Canal
G
Irwin
A
H
J
Point San Pedro
1st
Kerner
Woodland
Belle
Grand
Hwy 101
Eliseo
Lincoln
Summit
Bellam
Poplar
Bretano
F
Sir Francis Drake
Bret Harte
Jewell
Du Bois
Valley
Bon Air
Highland
Mill
Ross
Main
Sea
Bay
Laurel
Magnolia
Almenar
Nye
Center
Forbes
Los Cerros
Riviera
Clorinda
Hill
Union
Lochinvar
Upper Toyon
Park
Kinross
Clark
Jacoby
Vista
Shoreline
Front
Palm
Altura
Tiburon
Billou
Via la Cumbre
Lindaro
SMART Train
Bret
Official
Ivy
Tulane
Montecito
Paseo
Burma
Eye
Wolfe Grade
Scenic
Belvedere
Manderly
Locksly
Jordan
Redwood
Larkspur
Vista Grande
Oak
Marina
Beach
Laurel Grove
Cypress
Catalina
Inverness
Novato
Meyer
Picnic
Fairway
Barry
Baypoint
Ridge
Dunfries
Harvard
Fairfax
Margarita
Alley
Gary
San Rafael
Madera
Levee
Mann
Simms
Rose
Acacia
Pelican
Balboa
Glacier
Sea View
Orange
Harte
Bellevue
La Cuesta
Paloma
Greenwood
Tioga
Cielo
McAllister
Baldwin
Manor
Auburn
Redding
Lovell
Vivian
Nadina
Bahia
Reservoir
Bayview
Via Hidalgo
Estates
Hillview
Miramar
Taylor
Marinita
Deer Park
Harbor
Yale
Louise
Wolfe
Mary
Creekside
Berens
Skylark
Las Casas
Lucky
Rafael
Marine
Tweed
Glen
Boardwalk 1
Via Lerida
Meadow
El Cerrito
Southern Heights
Shaver
Lilac
Via Barranca
Ida
Prospect
Greenbrae Boardwalk
Brushwood
Albion
Watt
Oakhurst
Court
Sonoma
Wolfe Canyon
Duffy
Fay
Moncada
Via Navarro
Via Cheparro
Albert Park
Piper Park
McCoy
West End
Curtis
Octavia
Dorian
Terrace
Delores
Brodea
Fairhills
Blossom
Laderman
Inman
Irene
Cornell
Dolores
Dodie
Jessup
Via Casitas
Loch Lomond
Lochness
Knoll
La Vista
Loma Linda
Altena
Arguello
Grove
Bayharbor
Julia
Citron
Bayo Vista
Clayton
Via la Paz
Mooring
Olive
Pleasant
Alta Vista
Clyde
West
Crescent
Latham
Castro
Treanor
Green
Quisisana
Bonnie Banks
Spinnaker Point
Antonette
Pigeon Hollow
Hillcrest
Bungalow
Corte Morada
Dartmouth
Toyon
Harcourt
Morrison
Verdi
Treehaven
Gloria
La Loma
Market
Valencia
El Portal
Lisbon
Old Quarry
Alvina
Larkspur Landing
Drakes Landing
Terradillo
Trost
Hubbell
Windward
Edna
Lynn
Lootens
Rosebank
Culloden Park
Robert Dollar Fire
Stevens
Bryn Mawr
Corte Ramon
Lancaster
Via Hermosa
Glenaire
Corte Anita
Courtright
Morphew
Cijos
Junipero Serra
Martens
Stewart
Pacheco
Lunny
Grange
Quarry
Loch Lomand Marina
Arroyo
Lincoln Village
Drake's
Escalle
Baywood
Madrone
Parkside
Makin Grade
Corte Patencio
Dowitcher
Corte del Bayo
Vista Del Mar
Perry
Via Holon
Penny
Tamalpais
Miraflores
San Pedro
El Camino
Tierra Vista
Baxters
Corte Dorado
Warden's
Seibel
Pine
Drakes Cove
St Francis
Eucalyptus
Edgewater
Larkspur Plaza
Baypoint Village
Hazel
Warner
Alice
Dunand
Coleman
Mliss
Villa
Broadway
Madrona
Victoria
Aqua Vista
Mariposa
Crown
Nantucket
Corte de Sabla
Broadview
Hayes
Espalda
Heron
Thomas
Corte Cordova
Gerstle
Corte Cayuga
Corte Real
Corte Amado
Upper Fremont
Ross Street
Elizabeth
Corte Alegre
Corte Fedora
Marin Yacht Club
Corte Lenosa
Morgan
Kentdale
Corte Precita
Corte Baristo
Elford
Leafwood
Golden Gate
Corte Placida
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Ridgecrest
Cottage
Portsmouth
Corte Ortega
Corte Lodato
Plum Tree
Corte Oriental
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Corte Alejo
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Harbor Center Marina
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...

Francisco
Main
...
...

Mission
...
...
...
...
...

Main
...
1st
...
...
...

Hwy 580
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...

Bayview
...
...

Oak
...
...
...
...
...

Oak
Redwood
...
...
...
...
...

Palm
...
...
...

NWP RR
...
...
...
...
...
...
...

Acacia
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...
...
...
...
...
...
...

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Bayview
...

Terrace
Irwin
...
...
...
...

Irene
...

Marin Yacht Club
...
...
...
...
...
...
...
...
...
...
...

Skylark
...
...
...
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Eliseo
...
...
...

Francisco
...
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...

McCoy
...
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Francisco
...
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Harte
...
...
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...
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Tiburon
...
...
...
...

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...

Bay

SMART Train
Butterfield
San Pedro
Lucas Valley
Las Gallinas
Redwood
North
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Lea
Manuel T Freitas
Main
Smith Ranch
Hwy 101
Fawn
Esmeyer
Las Colindas
Arias
McInnis
Del Ganado
Devon
Trellis
Tamarack
Los Ranchitos
Civic Center
Holly
Wilder
Paul
Adrian
Pine
Irving
Spring Hill Fire
Terra Linda Ridge Fire
Birch
Willow
Ridgewood Fire
Nunes Fire
Mabry
Circle
Appleberry
Eichler
Yosemite
Mitchell
Gable
Fair
Fox
Luiz Ranch Fire
Sir Francis Drake
Northgate
Ranch
Butternut
Ellen
Ridgewood
Holstein
Duran
Madison
Old Lucas Valley
Patricia
Bamboo
Los Gamos
Las Pavadas
Lisa
Crane
Woodbine
Martling
Lucas Park
Oak Knoll
Garden
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Raven
Villa
Lincoln
Skyview
Club
Peter Behr
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Oleander
Edward
Deer Hollow
Elena
Scettrini Fire
Canyon Oak
Meadow
Orris
Cedar Hill
Las Ovejas
Ridgeway
El Faisan
Silveira
Glenside
Berkeley
El Prado
Meriam
Hickory
Elda
Taylor
Ash
The Alameda
Corrillo
Red Rock
Vendola
Schmidt
Mark
Surrey
Hibiscus
Cresta
Golden Hinde
Chester
Tarragon
Deer Valley
Wakerobin
Mark Twain
Waterside
Mirada
Van Tassel
Sterling
San Pablo
Maple
Stuyvesant
Linda
Bennit
Woodside
Indian
Broadmoor
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San Francisco
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Wallace
Pilgrim
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Legend
Upper Oak
Meadowcroft
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Mt Muir
Bridgewater
Oxford
Rutherford
Serra
Village
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Salvador
Van Winkle
Las Flores
Sylvia
Tomahawk Fire
Avenue of the Flags
Irving Fire
Montevideo
Farm
Oak View
Forest
Golf
Thyme
Hidden Valley
Miwok
Sacramento
Vista Marin
Regina
Angela
Gregory
Wellbrock
Jefferson
Knocknaboul
Professional Center
Katrina
Iris
De Burgh
Portola
Brookside
De la Guerra
Caleta
Tralee
Leona
Terra Linda
Roosevelt
Sunview
Indian Rock
Barberry
Park Ridge
Orange Blossom
Suffield
Tanbark
Wisteria
Cushing
Elkhorn
Live Oak
Hillcrest
Armory
Flaxberry
Vallejo
Hawthorn
Center
Carlos
Vera Schultz
Vista
Marinda Fire
Crestview
Tomahawk
Lowell
Thornwood
Holmes
Ayala
Whittier
Camino de Herrera
Hyacinth
Crestwood
Cherne
Orchid
Maple Hill
Arcangel
Merrydale
Mt Lassen
De Ford
Galerita
Washington
Tan Oak
Northgate One
Durham
Oak Ridge
Morningside
Oak Crest
Heather
Traxler
Northgate Mall
San Gabriel
Lenglen
La Perdiz
Santiago
Coast Oak
Teton
Thorndale
Twelveoak Hill
Baltus
Ridge
Scettrini
Chula Vista
Oakwood
Captains Cove
Carlson
Carroll
Rosemont
Glen Park
Pasadena
La Pasada
Sleepy Hollow Fire
San Pedro Ridge Fire
Quail
Kenrick
Mesa Verde
Forrest
Trinity
Acadia
Oakland
Sandalwood
El Pavo Real
Bryce Canyon
Boxwood
Minor
Prospect
Channing
Denning
Valley View
Sleepy Hollow
Arroyo
Huckleberry
Pico
Carmel
Poco Paso
Beechnut
Judge Haley
San Mateo
Woodoaks
Catskill
Elderberry
Green Valley
Mariners
Geneva
Mt Olivet Cemetery
Bolanos
Chalda
Blackhawk
Malone
Skyline
Luzanne
Del Ganado Fire
Danielle
Pear
Laurel Glen
Rowan
Rancho
Hacienda
Lillian
Varborg
Joseph
Diego
Del Haro
Smith Ranch Airport
5th
Mission Pass
Drakes
Jeannette Prandi
Ray
Rainbow
Ana
Baytree
Tarrant
Northgate Parking
Constance
Isle Royale
Dias
Birchwood
Walter
Northgate Three
Glacier
La Alondra
Bay Tree
Alice
El Condor
Michael
Carlsbad
Galway
Brookmead
Los Altos
Olympic
Sao Augustine
Vanni
Pecan
Upper Ridgeway
Veterans Memorial
Brookmont
Luisa
Le Claire
Estero
Fairview
Sandpiper
Summerhill
Corte Almaden
Steven
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Edgewater
Marin Center
Kilgore
Corte Del Rey
Sequeira
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Las Gallinas
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Oakwood
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Los Gamos
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US-101 S
US-101 N
Lucas Valley Rd
N San Pedro Rd
Los Ranchitos Rd
Redwood Hwy
456
455
454A
Smith Ranch Rd

SAN RAFAEL CITY SCHOOLS BOARD OF EDUCATION TRUSTEE AREAS µ
0 0.125 0.25 0.5 0.75 1
Miles February 2022
San Rafael City Schools (SRCS)
Area Outside of SRCS
SRCS Trustee Areas
Trustee Area No. 1
Trustee Area No. 2
Trustee Area No. 3
Trustee Area No. 4
Trustee Area No. 5
D
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~ ~ / s TR - s S ' A PL /I rN. '; IJ,..D•ll UIL" ,\S!t l1,. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.f
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: ADMINISTRATIVE SERVICES/LIBRARY & RECREATION Prepared by: Nadine Atieh Hade, Administrative
Services Director
Henry Bankhead, Assistant Library
& Recreation Director/City
Librarian
City Manager Approval: ______________
TOPIC: ANNUAL ADJUSTMENT TO THE LIBRARY PARCEL TAX
SUBJECT: REPORT CONCERNING THE ANNUAL CONSUMER PRICE INDEX (CPI) RATE

ADJUSTMENT FOR THE SPECIAL LIBRARY SERVICES PARCEL TAX FOR THE FISCAL YEAR JULY 1, 2022 THROUGH JUNE 30, 2023 AS SPECIFIED IN VOTERAPPROVED MEASURE D (SAN RAFAEL MUNICIPAL CODE CHAPTER 3.36) RECOMMENDATION: Accept report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2022-23, from July 1, 2022 through June 30, 2023, based upon the Consumer Price Index (CPI) as authorized by Section 3.36.030 of the San Rafael Municipal Code.

BACKGROUND: On June 7, 2016 San Rafael residents voted in favor of Measure D, amending SRMC Chapter 3.36 by extending, revising and increasing the existing Special Library Services Parcel Tax (“Tax”) as adopted in Ordinance No. 1942 on July 18, 2016. The Tax is required to be levied annually for nine (9) years commencing in fiscal year July 1, 2017 through June 30, 2018. SRMC section 3.36.030, Imposition of the Tax, requires an annual adjustment to the Tax rate commensurate with the annual percentage increase, if any, in the previous fiscal year to the San Francisco-Oakland-Hayward Price Index for All Urban Consumers (“CPI”), not to exceed three (3) percent annually. The Tax rate may not be adjusted downward.

ANALYSIS: Utilizing the Bureau of Labor Statistics - Western CPI Summaries (BLS-WS) for the San Francisco-Oakland-Hayward, CA, All Urban Consumers Index, the April 2021 Index was 309.419 and the April 2022 Index was 324.878 resulting in a twelve (12)-month composite index of 5% increase over the previous year’s index. Because the SRMC caps the annual adjustment at no more than 3%, the Tax rate for the upcoming fiscal year should be increased by 3%.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The following table provides the Tax rate adjustments by parcel type.

Section 3.36.030 Imposition of Tax:

Parcel Rate Types FY 21-22 Rates
FY 22-23 Rates with 3%
CPI Adjustment
Single Family Residential Parcel $65.12 $67.06
Multi-Family Residential or Other
Residential Parcel
$65.12 + $11.04 per
Living unit, in excess of
one, up to a maximum of
$1,104.32 per year per
parcel
$67.06 + $11.36 per
Living unit, in excess of
one, up to a maximum of
$1,137.44 per year per
parcel
Non-Residential Parcel $65.12 $67.06
Adjusting the Tax rate by the 3% CPI for the upcoming fiscal year 2022-23 is expected to increase the total amount of proceeds collected under the annual Measure D Tax by approximately $33,211. In accordance with Measure D, the funds are used to provide and maintain library hours, equipment, materials, and services for children, teens, and adults. Additionally, an increase in revenue due to the CPI will help to offset the decrease in revenue seen annually due to the increasing number of Senior Exemptions filed for the tax.

FISCAL IMPACT: The application of the CPI increase is expected to generate approximately an additional $33,211 in Measure D Tax revenue for the fiscal year 2022-23. These revenues are recorded in the Measure D special revenue fund.

OPTIONS: The City Council has the following options to consider on this matter:

1. Accept the report.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Accept report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2022-23, from July 1, 2022 through June 30, 2023, based upon the Consumer Price Index (CPI) as authorized by Section 3.36.030 of the San Rafael Municipal Code. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.g
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Glenn McElderry, Captain City Manager Approval: ___________ TOPIC: CRIME ANALYST SERVICES
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT FOR CRIME ANALYSIS SERVICES WITH LEXISNEXIS RISK SOLUTIONS, INC., IN AN AMOUNT OF $146,675, AND APPROPRIATING THIS

AMOUNT FROM THE SAFETY GRANT FUND TO SUPPORT THE

AGREEMENT
RECOMMENDATION: Staff recommends that the City Council adopt a resolution to renew for an eighth year an agreement for grant-funded crime analyst services as a resource for Marin County law enforcement agencies.

BACKGROUND: In 2011, California Governor Brown signed Assembly Bill 109 (AB 109), establishing the California Prison Realignment Plan, under which low-level offenders and parole violators are sent to county jail instead of state prison to serve their sentence. In FY 2012-13 the Board of State and Community Corrections (BSCC) allotted funds to cities throughout the state to address front line law enforcement needs arising from AB 109 offenders in our communities. Each county was to elect one city/town to be the fiscal agent for the funds. The City of San Rafael is the fiscal agent for Marin County. The goal of the funding is to enable a collective effort by municipal law enforcement agencies in each county to address criminal activity and an increase in calls for service due to realignment.

Law enforcement agencies in Marin County are challenged with fighting crime in a time of shrinking resources. As a result, the law enforcement agencies in Marin County face the challenge of deploying patrol resources and crime prevention units in the highest yield manner possible, focusing on those locations and times when crimes are most likely to occur. One means of addressing this challenge has been to create a regional information-sharing crime analyst position where participating agencies can share crime data to analyze trends, build crime pattern predictions and execute regional – as opposed to jurisdictional – response strategies while collaborating with resources. All parties share their crime information for a regional approach to recognizing trends and collaborating on solutions.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Accordingly, the Marin County Police Chiefs agreed in 2014 to use the BSCC funds, with additional funds from the Marin County Probation Department’s AB 109 funds, to hire a regional crime analyst who provided crime data analysis to all the Marin law enforcement agencies. On March 3, 2014 the City Council approved a resolution authorizing an agreement, using these AB 109 funds, for professional services with BAIR Analytics, Inc. to provide a crime analyst for a period of one year as a countywide resource. Each year since 2014, on request of the Police Chiefs and recommendation of staff, the City Council has approved a resolution authorizing the City Manager to sign an amendment to the professional services agreement with LexisNexis Risk Solutions, Inc. (“LexisNexis”), the legal successor to BAIR Analytics, to extend the crime analyst services under the agreement through the following year. The current agreement covers through June 30, 2022.

ANALYSIS: During the contract, the analyst has:
• Conducted research and strategic crime analysis and identified crime patterns and trends;
• Analyzed long term crime patterns and trends using probability studies and complex statistical analyses;
• Developed and tested hypotheses; developed victim and suspect profiles; • Forecasted future criminal activity;
• Prepared strategic action plans;
• Assisted operations and management personnel in planning deployment of resources; • Made written and oral presentations;
• Identified series of crimes;
• Gathered data on criminal activity, probation and parole information to analyze crime trends;
• Used and maintained general and specialized computer applications to gather, categorize and analyze crime data as well as assist in dissemination of information pertinent to law enforcement; and
• Coordinated and participated in regional meetings of law enforcement management and crime analysis professionals to share information on crime patterns, risk analysis of known offenders, new methodologies and developing tools.

Each of Marin County’s police agencies, as well as the Sheriff’s Office and Adult Probation, have shared their records management data (including report narratives) with the crime analyst via secure computer links. The data has been used to compile different analytic reports such as:

Predictive Analysis, Hot Spot Analysis, Trend Analysis, Space-Time Predication Analysis, and Geographic Profile Analysis.

The Marin County Police Chiefs have again decided to use the Marin County Police Chief’s BSCC and the Marin County Probation AB 109 funds to renew the contract for the LexisNexis crime analyst for a new term of twelve months, through June 30, 2023.

FISCAL IMPACT: There is no direct fiscal impact to the City of San Rafael because the contract is funded by Marin County Probation AB 109 funds and the Marin County Police Chiefs’ BSCC funds. The funds to support this contract will be deposited to and appropriated from the Safety Grant Fund. The original Agreement with BAIR Analytics, Inc. was for one year for a flat fee of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
$125,000. Over eight years, subsequent amendments and agreements with LexisNexis, Inc. have increased the yearly cost. The current agreement is a flat annual fee of $143,799. The proposed new agreement with LexisNexis (Attachment 2) is for 12 months, beginning July 1, 2022 and ending June 30, 2023, for a total flat annual fee of $146,675.

OPTIONS: The City Council has the following options to consider relating to this item:

1. Approve the Resolution as proposed to approve a new agreement for crime analyst services.

2. Give direction to staff for changes to the recommendations.

3. Direct staff to develop alternatives to the recommendations.

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an agreement with LexisNexis Inc. for crime analyst services from July 1, 2022 through June 30, 2023, in an amount of $146,675.

ATTACHMENTS:

1. Resolution

2. Proposed Analyst for Hire Agreement
1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT FOR CRIME ANALYSIS SERVICES WITH LEXISNEXIS RISK SOLUTIONS, INC., IN AN AMOUNT OF $146,675, AND

APPROPRIATING THIS AMOUNT FROM THE SAFETY GRANT FUND TO SUPPORT

THE AGREEMENT
WHEREAS, in 2011, California Governor Brown signed Assembly Bill 109 (AB 109), establishing the California Prison Realignment Plan, under which low-level offenders and parole violators are sent to county jail instead of state prison to serve their sentence; and
WHEREAS, in Fiscal Year 2012-13, the California Board of State and Community Corrections (BSCC) allotted funds to cities throughout the state to enable a collective effort by municipal law enforcement agencies in each county to address criminal activity and an increase in calls for service due to realignment; and WHEREAS, each county was to elect one city/town to be the fiscal agent for the funds and the City of San Rafael was chosen as the fiscal agent for Marin County; and WHEREAS, in 2014, the Marin County Police Chiefs agreed to use their departments’ BSCC funds, with additional funds from the Marin County Probation Department’s AB 109 funds, to hire a regional crime analyst to provide crime data analysis to all Marin County law enforcement agencies; and WHEREAS, on March 3, 2014, the City Council approved a resolution authorizing an agreement to use these funds to obtain professional crime analyst services from BAIR Analytics, Inc. for a period of one year, as a countywide resource; and the agreement has been renewed with BAIR Analytics, Inc. and subsequently to that company’s successor, LexisNexis Risk Solutions, Inc. (LexisNexis), continuously since; and
WHEREAS, the current agreement with LexisNexis is scheduled to expire on June 30, 2022 and the Marin County Police Chiefs wish to renew the agreement for another one-year term; and
2 WHEREAS, the City of San Rafael will again act as the fiduciary agent and project manager for the agreement, on behalf of the law enforcement agencies in Marin County; and
WHEREAS, the cost of the crime analysis services under the renewed agreement will again be supported by funds provided by Marin County Probation AB 109 funds and the Marin County Police Chiefs’ BSCC funding, to be deposited in the City’s Safety Grant Fund.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an Analyst for Hire Agreement with LexisNexis Risk Solutions Inc., in an amount of $146,675, subject to final approval as to form by the City Attorney.

BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael appropriates $146,675 from the City’s Safety Grant Fund to support this Agreement.

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 said City on the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_____________________
Lindsay Lara, City Clerk

Page 1 of 15 ends

LexisNexis Risk Solutions

SCHEDULE A
Analyst for Hire
Accurint Virtual Crime Center
Online (Subscription)
Customer Name: City of San Rafael on behalf of the San Rafael Police Department
Billgroup #: 1616930
LN Account Manager: Elizabeth Marshall
This Schedule A sets forth additional or amended terms and conditions for the use of the Analyst for Hire and Accurint Virtual Crime Center services (“LN Services”), as set forth in the services agreement for the LN Services between Customer and the LexisNexis Risk Solutions entity as further defined therein (“Agreement”), to which this Schedule A is incorporated by reference. For purposes of the Agreement and this Schedule A, all LexisNexis Risk Solutions affiliates shall be individually and collectively referred to as “LN”. The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc.. Customer acknowledges that the services provided under this Schedule A are non-FCRA services and are not “consumer reports” within the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to be characterized as “consumer reports”.

1. SCHEDULE A TERM
The term of this Schedule A will be 12 months beginning July 1, 2022 and ending June 30, 2023 (the "Term"). If an account is activated after the first day of a calendar month, charges will not be pro-rated.

2. ANALYST FOR HIRE (“AFH”)

2.1 AFH Annual Fee: Beginning on the effective date hereof, Customer shall pay to LN $146,674.61 (“AFH Annual Fee”), to be invoiced in equal monthly installments, in exchange for the professional service of one (1) Analyst for Hire (“AFH User”).

3. ACCURINT VIRTUAL CRIME CENTER (“AVCC”)

3.1 The AFH Annual Fee includes unlimited use of Accurint Virtual Crime Center, Accurint for Law Enforcement, Accurint for Law Enforcement Plus (as further described in Section 2.2) and Accurint for Law Enforcement Mobile.

3.2 Accurint for Law Enforcement Plus Subscription: All of the searches and reports included in the attached Price Schedules are referred to as the “Features”. The AFH Annual Fee includes unlimited access to all Features, excluding those Features identified herein as Excluded Features but including the Premium Features listed in Section 2.3.

3.3 Accurint for Law Enforcement Plus Premium Features: Email Search Premium, Real Time Phones, Real Time MVR and Virtual Identity Search & Report, including when these features are report components.

3.4 Features Not Included: The following Features (“Excluded Features”) are not included in the AFH Annual Fee and shall in all cases be charged separately according to the pricing specified in the attached Price Schedule:

Advanced Sexual Offender Search
Bankruptcy Docket Sheet
Bankruptcy Documents
Canadian Phones
Comprehensive Healthcare Business and Provider Report
Court Search Wizard
DE Corporation Search and Report
FCRA Credit Reports

Page 2 of 15 ends

Flat Rate Comprehensive Healthcare Business and Provider Report Identity Authenticate
Identity Verification
Law Enforcement Location Report
MVR Reports (Driving Records)
National Motor Vehicle Accident Search and Report
News Searches
Online Batch Services
Property Deed Image
Provider Report Card
Provider Sanction Search and Report
Provider Search and Report
Real Time Person Search
Workplace Locator
XML
LN standard pricing will be in effect for any new features made generally available by LN subsequent to the execution of this Schedule A.

3.5 Amounts Payable: Customer agrees to pay LN in accordance with any invoice for the fees set forth above.

4. EXPIRATION
Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before June 20, 2022.

5. CLOUD SERVICES
LN is executing a multi-year plan to move certain LexisNexis Risk Solutions products and services to Microsoft Azure Cloud services. Should you have questions regarding this plan, please document and send them via email to [email protected].

6. CONFIDENTIAL INFORMATION
This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain this Schedule A in trust and confidence and take reasonable precautions against disclosure to any third party to the extent permitted by local and state law.

AGREED TO AND ACCEPTED BY: City of San Rafael on behalf of the San Rafael Police Department Signed: $#4317622-Signed#$
Name: $#4317622-CustName1#$
Title: $#4317622-Title1#$
Date: $#4317622-Date1#$

Page 3 of 15 ends

Accurint for Law Enforcement Plus
(Updated August 12, 2021)
(Plan 44)
(Pricing is per hit unless otherwise indicated. All searches/reports with a price of $0.00 are considered "Standard Features" and are included in Subscription plan.) PRICE SCHEDULE (Subscription)

ACCURINT FOR LAW ENFORCEMENT PLUS FEATURES PRICE
Accurint Mapping (Charged per layer) $0.00
Advanced Motor Vehicle Search $0.00
Advanced Person Alerts Update $0.00
Advanced Person Search $0.00
Advanced Sexual Offender Search $2.00
Automated Valuation Model (AVM) Report $0.00
Bankruptcies, Liens & Judgments Search $0.00
Bankruptcy Search $0.00
Bankruptcy Report $0.00
Boolean Search $0.00
Business Search $0.00
Businesses In The News (not discountable) $5.00
Civil Courts Search (Report Included) $0.00
CLIA Report $0.00
Corporation Filings (Report Included Except In Delaware) $0.00 Criminal Records $0.00
Criminal Records Report $0.00
DEA Controlled Substances License Search $0.00
Death Records $0.00
Death Records Report $0.00
Driver Licenses $0.00
Dun & Bradstreet Search (not discountable) $0.25
Dun & Bradstreet Report (not discountable) $3.75
Email Search Premium (not discountable) $0.40
FAA Aircraft (Report Included) $0.00
FAA Certifications (Report Included) $0.00
Federal Civil Court Records Search $0.00
Federal Criminal Court Records Search $0.00
Federal Firearms & Explosives $0.00
Federal Employer ID Numbers (FEIN) $0.00
Fictitious Business Name $0.00
Foreclosures Search (Report Included) $0.00
Hunting/Fishing Licenses $0.00
Identity Authenticate (charged per search) $1.25
Identity Verification (charged per search) $0.60
Liens & Judgments $0.00
Lineup $0.00
Marriages / Divorces Search $0.00

Page 4 of 15 ends

Motor Vehicles Search $0.00
Motor Vehicles Report $0.00
National Motor Vehicle Accident Search & Report (not discountable) $3.00 National UCC Filings (Report Included) $0.00
NCPDP (National Council for Prescription Drug Programs) Search $0.00 NCPDP (National Council for Prescription Drug Programs) Report $0.00 NPI Data Search $0.00
NPI Report $0.00
Passport Validation $0.00
People At Work Search $0.00
People In The News (not discountable) $5.00
Person Alerts Monitoring (Monthly Monitoring Transactions Per Acct.) (Alerts Charged At Regular Price) --
-1 - 50 $0.00
-51 - 250 $0.00
-251 - 500 $0.00
-501 - 1,000 $0.00
-1,001 - 5,000 $0.00
-5,001 - 25,000 $0.00
-25,001 - 100,000 $0.00
Person Search $0.00
Phones Plus $0.50
Professional Licenses (Report Included) $0.00
Property Deed Search $0.00
Property Assessment Search $0.00
Property Assessment Report $0.00
Property Deed Report (excluding Deed Image) $0.00
Provider Search $0.25
Provider Report $5.00
Provider Report Card (charged per search) $5.00
Provider Sanction Search (charged per search) $0.25
Provider Sanction Report $5.00
Real Time Phone Search $0.50
Relavint Plus Link Analysis (per diagram) $0.00
Reverse Lookup $0.00
Sexual Offenders (Report Included) $0.00
USA Patriot Act $0.00
Virtual Identity Search & Report $2.00
Watercraft $0.00
Watercraft Report $0.00
Wildcard Search $0.00
WorkPlace Locator (not discountable) $3.50
Reports
Asset Report: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft, and UCC Filings. $0.00
Business Link Report $0.00

Page 5 of 15 ends

Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver’s Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, National Motor Vehicle Accident Search & Report, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft.
$0.00
Additional Report Options: --
-Real Time Phone Search (not discountable) $0.50
Contact Card Report: Summary Report: Names Associated with Subject, Contact List:

At Home, At Work, Through Family, Through Associates, Through Neighbors, Possible Relocation, Email Search Premium, Address Summary and Phones Plus (optional). $0.00
Finder Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Phone Summary, Current Listed Phones, Unverified Phones With Type And Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones At Historical Addresses, Email Search Premium, Bankruptcy Filings And Corporate Affiliations.
$0.00
Law Enforcement Location Report (charged per search) $1.00 Relatives, Neighbors, & Associates Report $0.00
Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address) $0.00
Additional Report Options: --
-Bankruptcy $0.00
-Businesses At Address $0.00
-Concealed Weapons Permit Search $0.00
-Criminal Records Search $0.00
-Criminal Records Report $0.00
-Driver Licenses At Address $0.00
-Hunting/Fishing License Search $0.00
-Liens And Judgments $0.00
-Motor Vehicles Registered At Address $0.00
-Neighborhood Profile (2010 Census) $0.00
-Neighbors At Address $0.00
-Property Ownership Current / Previous $0.00
-Sexual Offenders Search (Report Included) $0.00
Comprehensive Business Report (Base Report Features: Name and TIN Variations, Parent Company, and Industry Information) $0.00
Additional Report Options: --
-Associated Businesses $0.00
-Associated People $0.00
-Bankruptcy $0.00
-Business Registrations $0.00
-Corporation Filings $0.00
-Dun & Bradstreet Records (not discountable) $3.75
-Liens and Judgments $0.00
-Motor Vehicles $0.00
-Properties $0.00

Page 6 of 15 ends

Customized Schedule A
Analyst for Hire + Accurint Virtual Crime Center
Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN.
-UCC Filings $0.00
Custom Comprehensive Report (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summary)
$0.00
Additional Report Options: --
-Associates $0.00
-Bankruptcy $0.00
-Criminal Records $0.00
-DEA Controlled Substances License Search $0.00
-Driver Licenses Information $0.00
-Email Search Premium (not discountable) $0.40
-Federal Firearms & Explosives License Search $0.00
-Liens And Judgments $0.00
-Motor Vehicle(s) Registration (Watercraft & Boat Trailers Included) $0.00 -National Motor Vehicle Accident Search & Report $0.00
-Neighborhood Profile (2010 Census) $0.00
-Neighbors (Up To 6 Neighbors At 10 Different Addresses) $0.00 -People At Work $0.00
-Phones Plus $0.50
-Professional Licenses (Report Included) $0.00
-Properties $0.00
-Real Time Phone Search (not discountable) $0.50
-Real Time Vehicle Registrations (charged per search) (not discountable) $3.50 -Relatives (Up to 3 Degrees of Separation) $0.00
-Sexual Offenders $0.00
-Supplemental Data Sources $0.00
-UCC Filings $0.00
Flat Rate Comprehensive Healthcare Business Report (includes Base Report Features and Additional Report Options listed below) $10.00
Comprehensive Healthcare Business Report (Base Report Features: Name, Address and Phone Variations; Parent Company, ID Numbers and Industry Information) $0.50 Additional Report Options: --
-Associated Businesses $1.00
-Associated People $1.00
-Bankruptcy (charged per search) $1.00
-Business Phone Matches $0.25
-Business Registrations $0.25
-Corporation Filings $1.00
-Dun & Bradstreet Records (not discountable) $3.75
-FAA Aircraft $0.25
-IRS 5500 $0.50
-Liens And Judgments (charged per search) $0.25
-Motor Vehicles $0.75
-Properties $1.00
-Sanctions $0.50
-UCC Filings $0.50

Page 7 of 15 ends

Customized Schedule A
Analyst for Hire + Accurint Virtual Crime Center
Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN.
-Verification $0.75
-Watercraft $1.00
Flat Rate Comprehensive Healthcare Provider Report (includes Base Report Features and Additional Report Options listed below) $6.00
Comprehensive Healthcare Provider Report (Base Report Features: Gender, Date of Birth, Social Security Number, Tax ID(s) UPIN and NPI number) $0.50 Additional Report Options: --
-Additional Deceased Data Sources $0.00
-Associates $0.00
-Bankruptcy (charged per search) (not discountable) $0.25 -Business Address Summary $0.25
-Business Affiliations $0.50
-Business Phone Matches $0.25
-DEA Licenses $0.25
-Degrees $0.00
-Education $0.50
-Group Affiliations $0.50
-GSA Sanctions (charged per search) $0.50
-Hospital Affiliations $0.50
-Liens And Judgments (charged per search) $0.25
-Medical Licenses (charged per search) $1.00
-Possible Criminal Records (charged per search) $0.25
-Professional Licenses (charged per search) $1.00
-Sanctions (Disciplinary) (charged per search) $0.50
-Sexual Offenses (charged per search) $1.00
-Specialties $0.00
-Verification $0.75
Online Batch
Advanced Person Search $0.50
Batch Person Search $0.50
Batch Telephone $0.10
Deceased Person $0.25
Real Time Phone Search $0.50

Page 8 of 15 ends

Accurint for Law Enforcement
(Updated August 12, 2021)
(Plan 44)
(Pricing is per hit unless otherwise indicated. All searches/reports with a price of $0.00 are considered "Standard Features" and are included in Subscription plan.) PRICE SCHEDULE (Subscription)

ACCURINT FOR LAW ENFORCEMENT FEATURES PRICE
Advanced Motor Vehicle Search $0.00
Advanced Person Alerts Update $0.00
Advanced Person Search $0.00
Automated Valuation Model (AVM) Report $0.00
Associates ("Next Steps") $0.00
Bankruptcies, Liens & Judgments Search $0.00
Bankruptcy Search $0.00
Bankruptcy Report $0.00
Bankruptcy Docket Sheet ($0.50 For First 5 Pages & $0.20 Per Page Thereafter) (not discountable) $0.50
Bankruptcy Documents (Per Page, Up To Max Charge Of $6 Per Document) (not discountable) $0.20
Boolean Search $0.00
Business Credit $0.00
Business Credit Report $0.00
Business Search $0.00
Businesses In The News (not discountable) $5.00
Canadian Phones $0.40
Civil Courts Search (Report Included) $0.00
CLIA Report $0.00
Concealed Weapons Permit $0.00
Corporation Filings (Report Included Except In Delaware) $0.00 Court Search Wizard (Additional Fees May Apply; Orders Are Non-Refundable) -- -County Civil Lower & Upper Court - 7 Year (not discountable) $35.00 -County Civil Lower & Upper Court - 10 Year (not discountable) $40.00 -County Criminal - 7 Year (not discountable) $25.00
-County Criminal - 10 Year (not discountable) $30.00
-Federal Division Civil - 7 Year (not discountable) $16.00 -Federal Division Civil - 10 Year (not discountable) $25.00 -Federal Division Criminal - 7 Year (not discountable) $16.00 -Federal Division Criminal - 10 Year (not discountable) $25.00 -Statewide Criminal (not discountable) $24.00
Criminal Records $0.00
Criminal Records Report $0.00
DEA Controlled Substances License Search $0.00
Death Records $0.00
Death Records Report $0.00
Delaware Corporations (not discountable) $1.00

Page 9 of 15 ends

Delaware Corporations Report (not discountable) $11.00
Disclosed Entity Service $0.00
Driver Licenses $0.00
Dun & Bradstreet Search (not discountable) $0.25
Dun & Bradstreet Report (not discountable) $3.75
Email Search Premium (not discountable) $0.40
FAA Aircraft (Report Included) $0.00
FAA Pilots (Report Included) $0.00
Federal Civil Court Records Search $0.00
Federal Criminal Court Records Search $0.00
Federal Firearms & Explosives $0.00
Federal Employer ID Numbers (FEIN) $0.00
Fictitious Business Name $0.00
Foreclosures Search (Report Included) $0.00
Hunting/Fishing Licenses $0.00
Identity Authenticate (charged per search) $1.25
Identity Verification (charged per search) $0.60
Law Enforcement Location Report (charged per search) $1.00 Liens & Judgments $0.00
Liens & Judgments Report $0.00
Marriages / Divorces Search $0.00
Motor Vehicles Search $0.00
Motor Vehicles Report $0.00
MVR Reports (Driving Records)** (plus state fee) (charged per search) (not discountable) $6.00
** Coverage and state fees are available in the product and are subject to change -- MVR Wildcard Search $0.00
National Motor Vehicle Accident Search & Report (not discountable) $3.00 National UCC Filings (Report Included) $0.00
NCPDP (National Council for Prescription Drug Programs) Search $0.00 NCPDP (National Council for Prescription Drug Programs) Report $0.00 Neighbors ("Next Steps") $0.00
NPI Data Search $0.00
NPI Report $0.00
Passport Validation $0.00
People At Work Search $0.00
People In The News (not discountable) $5.00
Person Alerts Monitoring (Monthly Monitoring Transactions Per Acct.) (Alerts Charged At Regular Price) --
-1 - 50 $0.00
-51 - 250 $0.00
-251 - 500 $0.00
-501 - 1,000 $0.00
-1,001 - 5,000 $0.00
-5,001 - 25,000 $0.00

Page 10 of 15 ends

Customized Schedule A
Analyst for Hire + Accurint Virtual Crime Center
Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN.
-25,001 - 100,000 $0.00
Professional Licenses (Report Included) $0.00
Property Deed Search $0.00
Property Assessment Search $0.00
Property Assessment Report $0.00
Property Deed Report (excluding Deed Image) $0.00
Property Deed Image (additional charge when ordered from within Property Reports) (not discountable) $8.00
Property Search (Property Assessments, Deeds & Mortgages) $0.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $0.00 Provider Search $0.25
Provider Report $5.00
Provider Report Card (charged per search) $5.00
Provider Sanction Search (charged per search) $0.25
Provider Sanction Report $5.00
Real Time Person Search (charged per search) $3.50
Real Time Phone Search $0.50
Relatives ("Next Steps") $0.00
Relatives, Neighbors & Associates ("Next Steps") $0.00
Relavint Visual Link Analysis (Per Diagram) $0.00
Satellite Image Search $0.00
Sexual Offenders (Report Included) $0.00
USA Patriot Act $0.00
Virtual Identity Search & Report $2.00
Voter Registrations $0.00
Watercraft $0.00
Watercraft Report $0.00
WorkPlace Locator (not discountable) $3.50
Reports
Asset Report: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft, and UCC Filings. $0.00
Business Link Report $0.00
Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver’s Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, National Motor Vehicle Accident Search & Report, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft.
$0.00
Additional Report Options: --
-Real Time Phone Search (not discountable) $0.50
Contact Card Report: Summary Report: Names Associated with Subject, Contact List:

Page 11 of 15 ends

Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones At Historical Addresses, Email Search Premium, Bankruptcy Filings And Corporate Affiliations.

Summary Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Census Data, Bankruptcy Indicator, Property Indicator And Corporate Affiliations Indicator.
$0.00
Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address) $0.00
Additional Report Options: --
-Bankruptcy $0.00
-Businesses At Address $0.00
-Concealed Weapons Permit Search $0.00
-Criminal Records Search $0.00
-Criminal Records Report $0.00
-Driver Licenses At Address $0.00
-Hunting/Fishing License Search $0.00
-Liens And Judgments $0.00
-Motor Vehicles Registered At Address $0.00
-Neighborhood Profile (2010 Census) $0.00
-Neighbors At Address $0.00
-Property Ownership Current / Previous $0.00
-Sexual Offenders Search (Report Included) $0.00
Comprehensive Business Report (Base Report Features: Name and TIN Variations, Parent Company, and Industry Information) $0.00
Additional Report Options: --
-Associated Businesses $0.00
-Associated People $0.00
-Bankruptcy $0.00
-Business Registrations $0.00
-Corporation Filings $0.00
-Dun & Bradstreet Records (not discountable) $3.75
-FAA Aircraft $0.00
-IRS 5500 $0.00
-Liens and Judgments $0.00
-Motor Vehicles $0.00
-Properties $0.00
-UCC Filings $0.00
-Watercraft $0.00
Custom Comprehensive Report (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summary)
$0.00
Additional Report Options: --
-Associates $0.00
-Bankruptcy $0.00
-Criminal Records $0.00
-DEA Controlled Substances License Search $0.00
-Driver Licenses Information $0.00

Page 12 of 15 ends

Customized Schedule A
Analyst for Hire + Accurint Virtual Crime Center
Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN.
-Email Search Premium (not discountable) $0.40
-Federal Firearms & Explosives License Search $0.00
-Liens And Judgments $0.00
-Motor Vehicle(s) Registration (Watercraft & Boat Trailers Included) $0.00 -National Motor Vehicle Accident Search & Report $0.00
-Neighborhood Profile (2010 Census) $0.00
-Neighbors (Up To 6 Neighbors At 10 Different Addresses) $0.00 -People At Work $0.00
-Phones Plus $0.00
-Professional Licenses (Report Included) $0.00
-Properties $0.00
-Real Time Phone Search (not discountable) $0.50
-Real Time Vehicle Registrations (charged per search) (not discountable) $3.50 -Relatives (Up to 3 Degrees of Separation) $0.00
-Sexual Offenders $0.00
-Supplemental Data Sources $0.00
-UCC Filings $0.00
Flat Rate Comprehensive Healthcare Business Report (includes Base Report Features and Additional Report Options listed below) $10.00
Comprehensive Healthcare Business Report (Base Report Features: Name, Address and Phone Variations; Parent Company, ID Numbers and Industry Information) $0.50 Additional Report Options: --
-Associated Businesses $1.00
-Associated People $1.00
-Bankruptcy (charged per search) $1.00
-Business Phone Matches $0.25
-Business Registrations $0.25
-Corporation Filings $1.00
-Dun & Bradstreet Records (not discountable) $3.75
-FAA Aircraft $0.25
-IRS 5500 $0.00
-Liens And Judgments (charged per search) $0.25
-Motor Vehicles $0.75
-Properties $1.00
-Sanctions $0.50
-UCC Filings $0.50
-Verification $0.75
-Watercraft $1.00
Flat Rate Comprehensive Healthcare Provider Report (includes Base Report Features and Additional Report Options listed below) $6.00
Comprehensive Healthcare Provider Report (Base Report Features: Gender, Date of Birth, Social Security Number, Tax ID(s) UPIN and NPI number) $0.50 Additional Report Options: --
-Additional Deceased Data Sources $0.00
-Associates $0.00
-Bankruptcy (charged per search) (not discountable) $0.25

Page 13 of 15 ends

Customized Schedule A
Analyst for Hire + Accurint Virtual Crime Center
Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN.
-Business Address Summary $0.25
-Business Affiliations $0.50
-Business Phone Matches $0.25
-DEA Licenses $0.25
-Degrees $0.00
-Education $0.50
-Group Affiliations $0.50
-GSA Sanctions (charged per search) $0.50
-Hospital Affiliations $0.50
-Liens And Judgments (charged per search) $0.25
-Medical Licenses (charged per search) $1.00
-Possible Criminal Records (charged per search) $0.25
-Professional Licenses (charged per search) $1.00
-Sanctions (Disciplinary) (charged per search) $0.50
-Sexual Offenses (charged per search) $1.00
-Specialties $0.00
-Verification $0.75
Online Batch
Advanced Person Search $0.50
Deceased Person $0.25
Address (Single) $0.13
Address (Multiple) $0.16
Waterfall Phones: Directory Assistance Match, Address And Name Variations, CoResidents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & People At Work (Single)
$0.23
Waterfall Phones: Directory Assistance Match, Address And Name Variations, CoResidents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & People At Work (Multiple)
$0.25
Waterfall Phone with Address (single) $0.25
Waterfall Phone with Address (multiple) $0.30
Address and/or Phone Confirmation (per input) (single) $0.03 Address and/or Phone Confirmation (per input) (multiple) $0.04 Phones Plus $0.50
Real Time Phone Search $0.50
Real Time Motor Vehicle Registrations $1.50
Property - Add Up To Five Properties Owned By The Subject $1.00 Consumer InstantID $0.65
Consumer InstantID With Fraud Defender $0.95
Consumer InstantID With Red Flags Rule $0.90
Business InstantID $1.30
Business InstantID With Fraud Defender $1.30
Multiple = 2 Or More Phones/Addresses Returned --

Page 14 of 15 ends

Accurint for Law Enforcement Mobile
(Updated August 12, 2021)
(Plan 44)

PRICE SCHEDULE

FEATURES PRICE
Advanced Motor Vehicle Search $0.00
Advanced Person Search $0.00
Business Search $0.00
Identity Authenticate (charged per search) $1.25
Identity Verification (charged per search) $0.60
Motor Vehicles Search $0.00
Motor Vehicles Report $0.00
Phones Plus $0.00
Property Search (Property Assessments, Deeds & Mortgages) $0.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $0.00 Real Time Phone Search $0.00
Reports
Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver’s Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, National Motor Vehicle Accident Search & Report, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft.
$0.00
Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address) $0.00
Additional Report Options: --
-Bankruptcy $0.00
-Businesses At Address $0.00
-Concealed Weapons Permit Search $0.00
-Criminal Records Search $0.00
-Criminal Records Report $0.00
-Driver Licenses At Address $0.00
-Hunting/Fishing License Search $0.00
-Liens And Judgments $0.00
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FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.h
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ______________
TOPIC: CONGESTION MANAGEMENT PROGRAM
SUBJECT: RESOLUTION ELECTING TO BE EXEMPT FROM THE MARIN COUNTY

CONGESTION MANAGEMENT PROGRAM
RECOMMENDATION: Adopt the resolution electing that the City of San Rafael be exempt from the Marin County Congestion Management Program (CMP) in accordance with the State CMP statute as authorized by California Government Code Section 65088.3.

BACKGROUND: As the Congestion Management Agency (CMA) for Marin County, TAM is required by State law to prepare and update on a biennial basis a Congestion Management Program (CMP) for Marin County. The CMP process was established as part of a 1990 legislative package to implement Proposition 111, which increased the state Gas Tax from 9 to 18 cents. The intent of the CMP was to tie the appropriation of new gas tax revenues to congestion reduction efforts by improving land use and transportation coordination. Proposition 111 was not tied to inflation and has largely been replaced with Senate Bill (SB) 1, which was passed in 2016, but funding from Proposition 111 still flows to local jurisdictions in Marin County and throughout the state.

With the passage of Assembly Bill (AB) 32 (California Global Warming Solutions Act of 2006), SB 375 (Sustainable Communities and Climate Protection Act of 2008), and SB 743 (Environmental quality:
transit-oriented infill projects, judicial review streamlining for environmental leadership development projects), the CMP is largely out of alignment with regional and state policy direction. Whereas the new legislation focuses on reducing emissions and vehicle miles traveled (VMT), the CMP legislation focused on Level of Service and congestion. In fact, with SB 743, the CMP now conflicts with current California Environmental Quality Act (CEQA) Transportation Analysis guidance.

At the April 28, 2022, TAM Board of Commissioners Meeting, the TAM Board directed TAM staff to initiate the Opt-Out process and work with local jurisdictions to pass resolutions to Opt-Out of the CMP.

ANALYSIS: The CMP legislation has been updated many times since its passage. In 1997, the state allowed for local jurisdictions to opt out of the CMP process. California Government Code § 65088.3, states that counties may opt out of the CMP requirement without loss of Proposition 111 Gas Tax SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
revenues, if the majority of jurisdictions representing the majority of the county’s population pass resolutions electing to be exempt from the CMP.

TAM is designated by local resolutions as the Congestion Management Agency for Marin County, responsible for developing the county’s CMP. TAM inherited CMP activities from the Marin County Congestion Management Agency (a function of County Department of Public Works) in 2004. TAM has maintained the CMP in mostly its original form since its inception, expanding its traffic monitoring efforts, but limiting any substantiative changes.

The CMP is intended to establish designated performance standards on our roadway network using a vehicle delay-based Level of Service (LOS) standard and comparing roadway conditions against those standards. Local land use developments are also reviewed to ensure performance standards are met. If performance standards on roadways are not met, local jurisdictions are required to perform corrective actions to mitigate LOS (typically though adding capacity). This deficiency planning process has never been conducted in the county but would be required of local jurisdictions, with failure to do so resulting in TAM being mandated to ask the State to withhold Proposition 111 funding. This process has the benefit of providing a uniform analysis for land use and transportation projects with resulting large traffic volumes.

In practice, the CMP has never been used to withhold funding and serves primarily as a report on traffic conditions (on the subset of roads in the CMP network), rather than a functional planning process.

Due to its mandated process, the CMP is a rigid framework. TAM staff have raised concerns with the process including the inability to remove CMP segments once designated in the network, and removal of performance standards.

Changes to Transportation Impact Analysis in CEQA
Prior to the implementation of SB 743, the CMP was considered as part of the CEQA requirements, serving as a mutually supportive process for the CMP and lead agencies. The implementation of SB 743 in July 2020, however, excluded vehicle delay from CEQA; therefore, the CMP requirements now result in additional analysis and review beyond current CEQA and local jurisdiction general plan requirements.

This additional tier of CMP requirements can potentially conflict with VMT and General Plan analysis requirements. As housing element updates are required this year, staff have been coordinating discussions on traffic analysis from housing element updates. Planning directors have expressed support to remove CMP requirements which conflict with CEQA processes.

Marin Public Works Association Review
In November 2021, TAM staff presented information on next steps for the CMP to the Marin Public Works Association (MPWA) and asked if the CMP provided any value to local jurisdictions. MPWA members noted that they did not derive much value from the CMP process other than the traffic monitoring data, which they do find useful. They also asked TAM to consider development of a CMP 2.0 or next generation planning process. In response to these comments, MPWA formed a subcommittee of public works directors to take a closer look at the CMP process. This group met in February 2022 and TAM presented an overview of the CMP, its use, and three options for next steps, including maintaining the CMP, continuing the CMP for an additional cycle, or initiating the Opt-Out Process.

The MPWA sub-committee recommended initiating the Opt-Out Process to MPWA at its March 2022 meeting. MPWA verbally agreed with this recommendation, although no formal action was taken.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
CMP Opt-Out Process
As noted, at the April 28, 2022, TAM Board of Commissioners Meeting, the TAM Board directed TAM staff to initiate the Opt-Out process and work with local jurisdictions to pass resolutions to Opt-Out of the CMP.

To complete the Opt-Out process, a majority of local jurisdictions representing a majority of the population of the county would be required to pass resolutions electing to be exempt from the CMP. Marin County would not be the first county to opt out of the CMP. The following agencies have already conducted the Opt-Out Process or no longer prepare a CMP:
• Fresno Council of Governments (Fresno County) – 1997
• Los Angeles Metropolitan Transportation Authority – 2019 • Napa Valley Transportation Authority (Napa County) – (late 1990s/early 2000s) • Sacramento Transportation Authority (Sacramento County) – 1996 • San Diego Association of Governments (San Diego County) – 2009 • San Joaquin Council of Governments – (2019-2020)
• San Luis Obispo Council of Governments (San Luis Obispo County) – 1997 • Santa Cruz County Regional Transportation Commission (Santa Cruz County) – 2000 • Sonoma County Transportation Authority (Sonoma County) – 2000 To date, local jurisdiction staff from both DPW and Community Development have indicated no concerns with proceeding with an Opt-Out process at this time. TAM staff are requesting consideration of council resolutions by December 2022.

Once local jurisdictions have passed the necessary resolutions, TAM staff would return to the TAM Board for administrative updates, including updates to previous resolutions as appropriate.

FISCAL IMPACT: There is no impact to the current fiscal year budget, nor any anticipated impact to future budgets or the continued flow of state Gas Tax revenues to local jurisdictions.

OPTIONS:
• Accept the report and adopt the resolution.
• Do not adopt the resolution.

RECOMMENDED ACTION: Adopt the Resolution electing that the City of San Rafael be exempt from the Marin County Congestion Management Program (CMP) in accordance with the State CMP statute as authorized by California Government Code Section 65088.3.

ATTACHMENTS:

1. Resolution

2. CMP Opt-Out FAQ
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN RAFAEL ELECTING TO BE EXEMPT

FROM THE MARIN COUNTY CONGESTION MANAGEMENT PROGRAM
WHEREAS, California voters passed Proposition 111 in June of 1990 requiring urbanized counties to develop and implement a Congestion Management Program; and WHEREAS, the California Legislature and Governor established the specific requirements of the Congestion Management Program by passage of legislation that was a companion to Proposition 111 and is codified in California Government Code Sections 65088 to 65089.10; and
WHEREAS, the Transportation Authority of Marin is the Congestion Management Agency responsible for Marin County’s Congestion Management Program; and WHEREAS, pursuant to California Government Code Section 65088.3, the Congestion Management Program requirements do not apply in a county in which a majority of local governments which in total represent a majority of the population in the county, each adopt resolutions electing to be exempt from the Congestion Management Program; and WHEREAS, over time the Congestion Management Program has become increasingly out of step with current regional, State, and Federal planning processes and requirements, including new State requirements for transportation performance measures related to greenhouse gas reduction; and
WHEREAS, on the 28th day of April 2022, the Transportation Authority of Marin Board of Commissioners directed its staff to work with the various local governments within the County in pursuing exemption from the Congestion Management Program under California Government Code Section 65088.3.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael hereby adopts this Resolution electing the City of San Rafael to be exempt from the Marin County Congestion Management Program pursuant to California Government Code Section 65088.3.

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 said City held on Monday, the 6th day of June 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, City Clerk
1 Congestion Management Program (CMP) Frequently Asked Questions Draft as of March 31, 2022
What is the CMP? The CMP is an early attempt at developing a performance-based planning process to determine local development impacts on a specified network of arterials and highways. The CMP identifies a roadway network, sets level of service performance standards, develops a standardized land use development review for regional traffic impacts, identifies transportation demand measures, requires the development of a travel model and a capital improvement plan to address any identified deficiencies to system performance.

Why does TAM prepare a CMP? TAM is founded as a sales tax authority and designated by local resolution as the congestion management agency (CMA). Section 65088 - 65089.10 of the state government code requires the development of a congestion management program every two years for local streets and roads funding from 1990’s Proposition 111 to flow to local jurisdictions. TAM conducts CMA duties, specifically planning, programming and project delivery functions based on the CMA designation.

Why is TAM exploring opting out? An “opt-out” provision was incorporated into the state government code in 1997, and some CMAs chose to opt out of the CMP subsequently. TAM’s funding agreement with MTC has historically required TAM to develop either a congestion management program or a countywide transportation plan and allowed TAM to fund the CMP. In October 2021, TAM received guidance from MTC encouraging CMAs to opt out of the CMP process and stating MTC’s intention to not allow future MTC planning agreement funds to be used for future CMP development.

Why is MTC encouraging CMAs to opt out? MTC is encouraging CMAs to opt out due to conflicts between level of service-based planning and the state legislative focus on greenhouse gas reduction from AB 32, SB 375, SB 743 and CEQA’s use of Vehicle Miles Traveled as the preferred metric for transportation analysis. Additionally, MTC has noted that the CMP process does not include public participation, equity, climate change and other critical factors for consideration. The process also does not consider operations and maintenance costs, or adaptation needs such as sea level rise in its planning process.

What CMAs have opted out? TAM is not the first county to consider opting out. The following agencies have either opted out or no longer prepare a CMP:
• Fresno Council of Governments (Fresno County) – 1997
• Sacramento Transportation Authority (Sacramento County) – 1996 • San Diego Association of Governments (San Diego County) – 2009 • San Luis Obispo Council of Governments (San Luis Obispo County) – 1997 • Santa Cruz County Regional Transportation Commission (Santa Cruz County) – 2000 • Sonoma County Transportation Authority (Sonoma County) – 2000s • Napa Valley Transportation Authority (Napa County) – 2000s • LA Metro (Los Angeles County) – 2019
• San Joaquin Council of Governments – 2020
2 Will opting out of the CMP affect Marin County’s Transportation Funding? There is no impact to Marin County transportation funding from opting out. MTC guidance supports this determination, and TAM sales tax expenditures have no relationship to the CMP. The impact on TAM member fees from local jurisdictions would remain in place. Retaining the CMP may require additional funding from local jurisdictions if MTC funds are no longer allowed for use.

Would opting out of the CMP affect Marin County Transportation Projects? There would be no impact to transportation projects if TAM retains or opts out of the CMP. MTC guidance and SCTA and NVTA practice assure that TAM can still input projects into the TIP.

Would opting out remove TAM’s CMA designation? The opt-out language refers specifically to the CMP, and not the broader CMA designation. TAM would maintain CMA functions outside of the CMP process, including but not limited to, designation of a representative to the SMART board, and distribution of Bay Area Air Quality Management District funds as designated.

What process is required to opt out of the CMP? The CMA designation is provided by local resolution.

State code above allows for opting out of the CMP when “a majority of local governments, collectively comprised of the city councils and the county board of supervisors, which in total also represent a majority of the population in the county, each adopt resolutions electing to be exempt from the congestion management program.” (Section 65088.3)
Would opting out of the CMP require a Countywide Transportation Plan? To comply with MTC’s funding agreement, a countywide transportation plan would be required. TAM has the basis of a countywide plan with the development of 2017’s Strategic Vision Plan, as well as components of a countywide plan through other plans, programs and model development activities. Future updates to the Strategic Vision Plan are expected to meet Countywide Transportation Plan Requirements.

What is TAM’s process for a decision on opting out? TAM is currently exploring opting out with local jurisdictions, in advance of a future board discussion. If TAM needs to develop a 2023 CMP, staff will need to release an RFP around April 2022 to meet procurement and upcoming monitoring deadlines.

TAM would like staff level agreement by the April timeframe, and local resolutions to be passed no later than December 30, 2022.

Does opting out of the CMP have any impact on how TAM and partner agencies address congestion? TAM will continue to monitor and report on traffic conditions and expects to be able to deliver more robust monitoring efforts for less expense than the legislatively required CMP performance analysis.

TAM will continue to work with our partner agencies to deliver congestion and mobility improvements in Marin County as required by voters in approved expenditure plans. The CMP is not the only tool used to address congestion in the county, and sales tax measures and other planning efforts are more effective at delivering improvements in the county.

What is the relationship between the CMP and TAM’s Measure Programs? The voter-approved Measure AA, the 0.5 cent transportation sales tax, and Measure B, the $10 vehicle registration fee, would have no impact from opting out. Expenditure plans and strategic plans for these funds are not based on the CMP.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.i
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
TOPIC: GRAND AVENUE CYCLE TRACK GRANT FUNDING AGREEMENT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A FUNDING AGREEMENT WITH ASSOCIATION OF BAY AREA GOVERNMENTS (“ABAG”) IN AN AMOUNT NOT TO EXCEED $240,000 RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to sign a Funding Agreement with the Association of Bay Area Governments (“ABAG”).

BACKGROUND:

The Grand Avenue protected two-way cycle track is ranked third in Group F, Canal Connections of the City’s Bicycle and Pedestrian Master Plan (BPMP). The City has been proactive and successful in applying for and receiving grant funding to improve the multimodal connections between the Canal neighborhood and Central San Rafael. The Francisco Boulevard East Sidewalk Widening, funded by the Active Transportation Program (ATP), resulted in widening the sidewalk to eight feet to allow for more room for pedestrians and bicyclists. North of the sidewalk widening, the Grand Avenue Bicycle and Pedestrian bridge was completed in 2019. The protected two-way cycle track and sidewalk improvements on Grand Avenue up to Fourth Street will meet the goal of the San Francisco Bay Trail of connecting to Third Street and also get bicyclists and pedestrians to Fourth Street, where they may go west to the downtown or east to San Rafael High School. Construction for this project is expected to be coordinated with the Third Street Rehabilitation project.

ANALYSIS:

This project would add a bicycle facility on the east side of Grand Avenue between Fourth Street and Second Street. The vehicle travel lanes and turn pockets would remain, but there would be an impact to on-street parking and one existing driveway.

Currently, Grand Avenue between Fourth Street and Third Street is one travel lane in each direction with some driveways and on-street parking on both sides. The on-street parking would remain in the southbound direction, but six on-street spaces would be eliminated in the northbound direction.

Grand Avenue between Third Street and Second Street is one travel lane with a turn pocket and on-street parking southbound and two travel lanes northbound, separated by a concrete median.

There is also a driveway just north of Second Street that provides access to the gas station on SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
the northeast corner of Second Street/Grand Avenue. The gas station currently has five driveways: one on Grand Avenue, two on Second Street, and two on Third Street. The existing median would be removed, and the travel lanes would all be shifted to the west. The gas station driveway access on Grand Avenue would be modified to minimize vehicular and bicycle conflicts.

PUBLIC OUTREACH: Public Works reviewed this project with the Bicycle and Pedestrian Advisory Committee at the August 8, 2021 regular meeting.

FISCAL IMPACT:

The total project cost is expected to be around $1,100,000 for construction. The City requested $240,000 through San Francisco Bay Trail Funding (Prop 68) and $335,000 through Transportation Authority of Marin (TAM) Transportation for Clean Air (TFCA) funding. The City has set aside the remaining amount of $575,000 in the Capital Improvement Program (CIP) using a combination of Traffic Mitigation Fund 246 and Gas Tax Fund 206. The City will continue to apply for grant funding if there are any other relevant sources.

OPTIONS:

The City Council has the following options to consider regarding this matter:

1. Adopt the resolution authorizing the City Manager to execute a Funding Agreement with ABAG (staff recommendation); or

2. Reject the grant funding; or

3. Continue the matter and request additional information.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the attached Resolution authorizing the City manage to sign the Funding Agreement with ABAG.

ATTACHMENT:

1. Resolution

2. Exhibit A to the Resolution - Funding Agreement with ABAG 1 RESOLUTION NO.

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT WITH ASSOCIATION OF BAY AREA GOVERNMENTS (“ABAG”)

FOR THE CONSTRUCTION OF GRAND AVEUNE BICYCLE TRACK, IN AN AMOUNT NOT TO EXCEED $240,000
WHEREAS, the City of San Rafael has been proactive and successful in applying for and receiving grant funding to improve the multimodal connections between the Canal neighborhood and Central San Rafael; and
WHEREAS, a protected two-way cycle track and sidewalk improvements on Grand Avenue up to Fourth Street and north of the recently completed Grand Avenue Bridge will meet the goal of the San Francisco Bay Trail of connecting to Third Street and also get bicyclists and pedestrians to Fourth Street, where they may go west to the downtown or east to San Rafael High School; and
WHEREAS, the Grand Avenue Bay Trail Extension Construction Project (“Project”) would add a bicycle facility on the east side of Grand Avenue between Fourth Street and Second Street; and
WHEREAS, the Association of Bay Area Governments (“ABAG”) approved a grant application by the City of San Rafael to receive funds to augment the construction of the Project; and
WHEREAS, the grant funds in an amount not to exceed $240,000 from the ABAG would augment the local funds set aside for the completion of the Project; and WHEREAS, ABAG requires the City Council to adopt a resolution authorizing the execution of the grant funding agreement between ABAG and the City of San Rafael and approving the agreement’s terms and conditions to ensure the receipt of the funds.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the City Manager is hereby authorized to execute the Construction Grant Agreement for the Grand Avenue Bay Trail Extension Construction Project with ABAG, attached hereto as Exhibit A, and that the City Council approves, at the meeting of Monday, the 6th day of June 2022, of its terms and conditions.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk
-1- Construction Grant Agreement

ASSOCIATION OF BAY AREA GOVERNMENTS

SAN FRANCISCO BAY TRAIL PROJECT

CONSTRUCTION GRANT AGREEMENT
Grand Avenue Bay Trail Extension Construction Project
Grantee's full, legal name: City of San Rafael
Address: 111 Morphew St. San Rafael, CA 94901
Phone No.: (415) 485-3355
Name of Contact: Lauren Davini
Title of Contact: Traffic Engineer
Taxpayer ID Number
I. SCOPE OF AGREEMENT
Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy (“the Conservancy") awarded grant funds to be administered by the Association of Bay Area Governments (ABAG) for development of the Bay Trail Project. ABAG grants City of San Rafael ("the Grantee") a sum not to exceed Two Hundred Forty Thousand Dollars ($240,000), Proposition 68 funds, the “California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018”, subject to the terms and conditions of this Agreement, to complete the Grand Avenue Bay Trail Extension Construction Project ("the Project"), as shown on Exhibit A, which is incorporated by reference and attached. The Project description is attached as Exhibit B, which is incorporated by reference.

The Grantee shall carry out the Project in accordance with this Agreement and a work program to be approved by ABAG pursuant to this Agreement. The Grantee shall provide any funds beyond those granted under this Agreement which are needed to complete the Project.

II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The Grantee shall not commence construction of the Project and ABAG shall not be obligated to disburse any funds under this Agreement unless and until the following conditions precedent have been met:

A. A resolution has been adopted by the City Council of the Grantee authorizing the execution of this Agreement and approving its terms and conditions.

B. ABAG has approved in writing:

1. The work program for the Project;

2. All contractors that the grantee intends to employ in connection with the project; and

3. A rendering, with dimensions and proposed placement, of the acknowledgment sign and a plan for the dimensions and placement of San Francisco Bay Trail emblem all as described in section II of the Standard Provisions.
-2- Construction Grant Agreement
Written evidence has been provided to ABAG:

1. That all permits and approvals necessary to the completion of the Project under applicable local, state and federal laws and regulations have been obtained;

2. That the Grantee has acquired and recorded all easements and other interests in real property necessary to the construction, use and/or maintenance of the Project;

3. That notices of non-responsibility are recorded for all private property improved by the Project (see Exhibits C-1 and C-2);

4. That the Grantee has provided for liability insurance, including the additional insured endorsement, or is self-insured, as described in Exhibit D of this Agreement; and

5. That the Grantee has provided for fire and other loss insurance as described in Exhibit D of this Agreement.

Notwithstanding the above, the Grantee may commence preparation of plans, specifications and engineering work upon meeting conditions set forth in subsections A and B.1 of this section, and upon ABAG’s review and approval of a separate work program (tasks, budget and timeline) and approval of any contractors that the Grantee will retain to perform the work.

III. TERM OF AGREEMENT
This Agreement shall be deemed executed and effective when signed by both parties and received in the offices of ABAG together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this Agreement.

Grantee shall complete grant tasks by December 31, 2023, (“the completion date”) and shall submit a final Request for Disbursement no later than thirty (30) days after the completion date.

This Agreement shall run from its effective date through December 31, 2044, ("the termination date") to ensure compliance with the requirements of Article VIII unless otherwise terminated or amended as provided in this Agreement.
-3- Construction Grant Agreement

STANDARD PROVISIONS
I. WORK PROGRAM
A. If any portion of the construction to be funded under this Agreement will be performed by third parties ("contractors") under contract with the Grantee, prior to initiating any request for contractor bids, the Grantee shall submit for review and written approval by ABAG the bid package including construction plans and specifications which have been certified or approved as described above. Upon approval by ABAG, the Grantee shall proceed with the bidding process.

B. Prior to final selection, the Grantee shall submit to ABAG for written approval the names, addresses and licenses of all contractors that the Grantee intends to hire and any change or clarification to the bid package.

C. Prior to beginning construction, the Grantee shall submit a detailed work program to ABAG for review and written approval of its consistency with this Agreement. The work program shall include:

1. Construction plans and specifications which have been certified by a registered architect or engineer, or approved by the Grantee's Public Works Director.

2. For projects not exempt from CEQA: (a) plans for implementing and for documenting implementation of all actions and mitigation measures identified in the project’s environmental document as needed to avoid significant environmental effects or reduce them to a level of insignificance (e.g, as contained in a Mitigation Monitoring and Reporting Program) and (b) provisions for compliance with any conditions of Conservancy authorization to fund the Project.

3. A schedule of completion for the Project specifically listing the completion date for each Project component and a final Project completion date, including all mitigation measures and actions, if any.

4. A detailed Project budget (the “Project Budget”). The Project Budget shall describe all labor and materials costs to be incurred to complete each component of the Project. For each Project component, the Project Budget shall list all intended funding sources, including grant funds, the Grantee's required contribution and all other sources of monies, materials, or labor.

5. A list of all permits required to complete the Project, including but not limited to environmental documentation. For each such permit, Grantee shall identify the attendant conditions, mitigation measures, fees and the like. The Grantee shall indicate how each attendant condition, mitigation measure, fee and the like is treated in the documents provided under paragraphs I.C.1, 2 and 3 of these Standard Provisions.

6. A meeting with ABAG at the Project site to review the Project plans.

D. The work program shall have the same force and effect as if included in the text of this Agreement. However, the work program may be modified without amendment of this Agreement upon the Grantee's submission of a modified work program and ABAG’s written approval of it. If this Agreement and the work program are inconsistent, the Agreement shall control.
-4- Construction Grant Agreement
E. The Grantee shall construct the Project in accordance with the approved work program.

F. The Grantee shall comply with, fulfill, accomplish or pay each condition, mitigation measure, fee (or the like) identified in paragraph I.C.2 of these Standard Provisions which are applicable at the completion of the Project. For each condition, mitigation measure, fee (or the like) identified in paragraph I.C.2 of these Standard Provisions which, by its terms, cannot be, or is not required to be, complied with, fulfilled, accomplished or paid by the time the Project is completed, the Grantee shall state in a narrative format, the plan for future compliance or payment.

G. If any portion of the construction to be funded under this Agreement will be performed by contractors, the Grantee shall implement, or cause to be implemented, a labor compliance program that meets the requirements of California Labor Code Section 1771.5(b).

H. ABAG will not approve the work program or any amendments thereto without first obtaining the Conservancy’s written approval.

II. SIGNS
The Grantee shall erect and maintain signs visible from the nearest public roadway directing the public to the Project and acknowledging ABAG and Conservancy assistance and displaying the San Francisco Bay Trail and Conservancy logos. In addition to signs acknowledging Conservancy assistance, the Grantee shall install and maintain San Francisco Bay Trail emblems on the real property and, where appropriate on all other real property interests controlled, maintained or managed by the Grantee that are deemed by ABAG to be existing segments of the San Francisco Bay Trail. Emblem locations shall be determined by the Grantee in consultation with ABAG. ABAG shall provide specifications for the Conservancy and Bay Trail signs, emblems and logo to the Grantee for this purpose. Plans describing the number, design, placement and wording of the signs shall be submitted to ABAG for review and written approval prior to the installation of signs. Final reimbursement may be withheld by ABAG pending placement of the signs in the manner approved by ABAG.

III. BONDING
If the Grantee intends to use any contractor(s) on any portion of the Project to be funded under this Agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy, ABAG and the Grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. The requirement shall not apply to any contract for less than $20,000.

Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California.
-5- Construction Grant Agreement
IV. COSTS AND DISBURSEMENTS
A. Upon determination by ABAG that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, ABAG shall disburse to the Grantee, in accordance with the approved Project Budget, a total amount not to exceed the amount of this grant, as follows:

The provision of this section with a check mark, “x” or equivalent mark opposite it will apply at the commencement of the Agreement.

PROGRESS PAYMENTS
Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon satisfactory progress in accordance with the approved work program and upon the Grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) withheld shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

TASK COMPLETION
Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon the Grantee's satisfactory completion of each Project task identified in the approved work program. The final disbursement, together with amounts earlier withheld, shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

PROJECT COMPLETION
Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG’s acceptance of the Project.

B. The Grantee shall request disbursements by filing with ABAG fully executed "Request for Disbursement" forms (available from ABAG). The Grantee shall include on the forms its name and address, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. Hourly rates identified in invoices shall be consistent with the approved Project Budget and equal to the actual compensation paid by the Grantee to employees, which may include employee benefits. The forms shall be signed by an authorized official of the Grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractor(s) that the Grantee engaged to complete any portion of the Project funded under this Agreement, and/or by written substantiation of completion of the portion of the Project for which disbursement is requested. With each form, the Grantee shall also submit a supporting progress report summarizing the current status of the Project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a -6- Construction Grant Agreement
“Request for Disbursement” form, including attachment of supporting documents, will relieve ABAG of its obligation to disburse funds to the Grantee unless and until all deficiencies in the form are rectified.

ABAG will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations ("CCR"), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the project grantee.

Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. ABAG will disburse funds for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the Project, its location, and other relevant factors.

V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget, other than overhead and indirect costs, may vary by as much as ten percent (10%) without approval by ABAG, provided that Grantee first submits a revised Project Budget to ABAG and requests disbursement based on the revised budget. Grantee shall obtain the advance written approval of ABAG for any difference of more than ten percent (10%) and any deviation that shifts funds from approved budget items into an overhead or indirect costs category. ABAG will not provide such approval without first obtaining written approval of the Conservancy. ABAG may withhold payment for changes in particular budget items which exceed the amount allocated in the Project Budget by more than ten percent (10%) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items.

VI. PROJECT COMPLETION
A. Within ninety (90) days of completion of construction of the Project, the Grantee shall supply ABAG with two copies of evidence of completion by submitting a final report which includes:

1. An inspection report by a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved work program.

2. A fully executed final "Request for Disbursement" form.

3. "As built" drawings of the completed Project, and “before” and “after” photos in electronic form.

4. If the Project is built by third parties, a copy of a recorded Notice of Completion covering the Project.

5. For projects not exempt from CEQA, any items required to demonstrate compliance with the Conservancy’s authorization with respect to CEQA (e.g., evidence of -7- Construction Grant Agreement
compliance with a Mitigation Monitoring and Reporting Program) as specified in the project work program.

6. Documentation that the acknowledgement signs and San Francisco Bay Trail emblems required under section II have been erected and installed in compliance with that section.

B. Within forty-five (45) days of Grantee's compliance with this section, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the Grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance. ABAG will not determine that the Project has been satisfactorily completed without first obtaining a letter of acceptance of the Project from the Conservancy.

VII. EARLY TERMINATION AND FAILURE TO PERFORM
ABAG may terminate or suspend this agreement for any reason, by providing Grantee with seven days notice in writing. In either case, Grantee shall immediately take all reasonable measures to prevent further costs to ABAG and the Conservancy, which measures shall include terminating or suspending any project agreements if necessary to prevent further costs. ABAG shall be responsible for any reasonable and non-cancelable obligations incurred by Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from ABAG authorizes work to resume.

Grantee shall include suspension and termination provisions in their agreements with contractors for the Project.

The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this section.

VIII. OPERATION AND MAINTENANCE
A. The Grantee or its successor in interest shall maintain the facilities and structures constructed as part of the Project, including all applicable post-construction mitigation measures identified in the environmental document to avoid significant environmental effects or reduce them to a level of insignificance, and shall operate these facilities and structures throughout the term of this Agreement consistent with the purposes for which ABAG's grant was made and in a manner that complies with the nondiscrimination requirements of section XV. The Grantee assumes all operation and maintenance costs of these facilities and structures. Neither ABAG nor the Conservancy shall be liable for any cost of such maintenance, management or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of ABAG.
-8- Construction Grant Agreement
B. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.

C. The parties to this Agreement expressly agree and acknowledge that the Conservancy is a third party beneficiary of the provisions of this section IX. INSPECTION
Throughout the term of this Agreement, ABAG and the Conservancy shall have the right to inspect the Project area to ascertain compliance with this Agreement.

X. MITIGATION
The Grantee shall not use, or allow the use of, any portion of the Project or Project site for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) without the written permission of the Executive Officer of the Conservancy. The Conservancy may require that all funds generated in connection with any authorized or allowable use of the Project or Project site as mitigation be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.

XI. LIABILITY
A. The Grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project, the Conservancy and State of California (the “State”), and their respective members, directors, officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this Agreement to the fullest extent permitted by law The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778.

PUBLIC ENTITY GRANTEES: This Agreement supersedes the Grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.

B. The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from ABAG, the Bay Trail Project, the Conservancy, the State, and their respective members, directors, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. -9- Construction Grant Agreement
C. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this Agreement.

XII. INSURANCE
See Exhibit D.

XIII. AUDITS/ACCOUNTING/RECORDS
Grantee shall maintain financial accounts, documents, and records (collectively, "records") relating to this Agreement in accordance with the guidelines of “Generally Accepted Accounting Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the Project, and the implementation, operation and maintenance of the Project. Time and effort reports are also required. Grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation.

Additionally, ABAG, the Conservancy or their respective agents may review, obtain, and copy all records relating to performance of this Agreement. Grantee shall provide ABAG, the Conservancy or their respective agents with any relevant information requested and shall permit ABAG, the Conservancy or their respective agents access to Grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement and any applicable laws and regulations.

Grantee shall retain the required records for a minimum of three years following the later of final disbursement by ABAG, and the final year to which the particular records pertain. The records shall be subject to examination and audit by ABAG, the Conservancy and the Bureau of State Audits during the retention periods.

If Grantee retains any contractors to accomplish any of the work of this Agreement, the Grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.

ABAG or the Conservancy may disallow all or part of the cost of any activity or action that either determines to be not in compliance with the requirements of this Agreement. -10- Construction Grant Agreement
XIV. COMPUTER SOFTWARE
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

XV. NONDISCRIMINATION
During the performance of this agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, ethnic group identification, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40) or sexual orientation (Government Code section 12940). Grantee shall not unlawfully deny a request for, or take unlawful action against, any individual because of the exercise of rights related to family-care leave (Government Code sections 12945.1 and 12945.2). Grantee shall ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination, harassment and unlawful acts.

Consistent with Government Code section 11135, Grantee shall ensure that no one, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability, is unlawfully denied full and equal access to the benefits of, or is unlawfully subjected to discrimination under, the Project funded under this Agreement.

Pursuant to Government Code section 12990, Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into this agreement by this reference.

This nondiscrimination clause shall be included in all contracts and subcontracts for the Project.

XVI. PREVAILING WAGE
Work done under this Agreement may be subject to the prevailing wage and other related requirements of the California Labor Code (see Labor Code sections 1720 et seq.). Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project and otherwise comply with all associated requirements and obligations, if required by law to do so.

XVII. ASSIGNMENT
Without the written consent of ABAG, this Agreement is not assignable by the Grantee in whole or in part.
-11- Construction Grant Agreement
XVIII.TIMELINESS
Time is of the essence in this Agreement.

XIX. ABAG'S DESIGNEE
Toshi Shepard-Oha is ABAG’s Project Manager who shall have authority to act on behalf of ABAG with respect to this Agreement.

XX. AMENDMENT
Except as expressly provided in this Agreement, no changes in this Agreement shall be valid unless made in writing and signed by the parties to the Agreement. No oral understanding or agreement not incorporated in this Agreement shall be binding on any of the parties. -12- Construction Grant Agreement
XXI. LOCUS
This Agreement is deemed to be entered into in the City and County of San Francisco.

The parties have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the ____ day of _________, 20__.

ASSOCIATION OF BAY AREA GOVERNMENTS GRANTEE
___________________________________ ______________________________ Therese W. McMillan, Metropolitan Jim Schutz
Transportation Executive Director City Manager
Acting pursuant to the Contract for Services City of San Rafael dated May 30, 2017

EXHIBIT A
Project Location

EXHIBIT B
Project Description
This project involves the construction of approximately 0.04 mile of Class IV Bikeways and sidewalk improvements along Grand Avenue between 2nd Street and 3rd Street in the City of San Rafael. These facilities will be a part of the Bay Trail spine when completed.

EXHIBIT C-1
Notice of Nonresponsibility
(version 1 – use if property site has a street address) EXHIBIT C-2
Notice of Nonresponsibility
(version 2 – use if property site does not have a street address) -2- Construction Grant Agreement

EXHIBIT D
Insurance Requirements
Throughout the term of this agreement, the Grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of ABAG and the Executive Officer of the Conservancy, the Grantee may satisfy the coverage required by this section in whole or in part through: (a) its contractor’s procurement and maintenance of insurance for work under this contract, if the coverage otherwise fully satisfies the requirements of this section; or (b) the Grantee's participation in a "risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Any required errors and omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The Grantee shall maintain all other required insurance from the effective date through the completion date.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence basis (Form CG 0001) or comparable.
b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California.

If facilities or structures are to be constructed and if they will be designed by a professional architect or engineer and constructed by a licensed contractor, then the coverage should also include:
d. Course-of-Construction (also known as "Builder's Risk") insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.) e. Property Insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.)

2. Minimum Limits of Insurance. The Grantee shall maintain coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, (Including operations, products and personal injury and property damage. If completed operations, as applicable) Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall
apply separately to the activities under this
-3- Construction Grant Agreement
agreement or the general aggregate limit
shall be twice the required occurrence limit.
b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Course of Construction: Completed value of the project with no coinsurance penalty provisions.
d. Property Insurance Ninety percent of full replacement cost of the facilities or structures.

3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by ABAG and the Conservancy.

4. Required Provisions.
a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by first class mail has been given to ABAG and the Conservancy; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to ABAG and the Conservancy. The project grantee shall notify ABAG and the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide ABAG and the Conservancy with evidence of renewal or replacement of the policy. b. Grantee shall obtain from each of its insurers a waiver of any right of subrogation which such insurer may otherwise acquire against ABAG or the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. ABAG and the State of California, their officers, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations.
ii. For any claims related to this agreement, the Grantee's insurance coverage shall be primary insurance as respects ABAG and the State of California, their officers, agents and employees.
iii. The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by the project agreement.
-4- Construction Grant Agreement

5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of "B+:VII" or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.

6. Verification of Coverage. The Grantee shall furnish ABAG and the Conservancy with original certificates, on an ACORD form, and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by ABAG and the Conservancy before work commences. ABAG and/or the Conservancy may, at any time, require complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

7. Contractors. The Grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, Grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor's profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000.

8. Premiums and Assessments. ABAG and the Conservancy are not responsible for premiums and assessments on any insurance policy.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.j
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
TOPIC: BUNGALOW AND WOODLAND RESURFACING PROJECT
SUBJECT: RESOLUTION APPROVING THE RE-DESIGNED PLANS FOR THE LOWER

BUNGALOW ROADWAY SECTION AND AUTHORIZING THE CITY MANAGER

TO EXECUTE A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT

FOR THE BUNGALOW AND WOODLAND RESURFACING PROJECT, CITY PROJECT NO. 11397, WITH GHILOTTI BROS., INC. IN THE AMOUNT OF $352,369, AND AUTHORIZING ADDITIONAL PROJECT CONTINGENCY FUNDS IN THE AMOUNT OF $47,631, FOR A TOTAL ADDITIONAL
APPROPRIATED AMOUNT OF $400,000
RECOMMENDATION: Adopt the resolution approving the lower Bungalow re-design and authorizing the City Manager to execute a change order to the construction agreement with Ghilotti Bros., Inc. (GBI) for the Bungalow and Woodland Resurfacing Project in an additional amount of $352,369 and authorizing additional contingency of $47,631 for a total additional appropriated amount of $400,000.

BACKGROUND: On September 13, 2021 the City Council awarded and authorized a contract with GBI to construct the City’s Bungalow Ave Rehabilitation Project, for the bid amount of $737,373.77, and authorized contingency funds for the project in the amount of $112,626, for a total appropriated project amount of $850,000.

In November 2021, City staff issued the first contract change order CCO1 authorizing $50,000 in contingency funds to go towards additional work, including two new curb ramps on Woodland Ave and Bayview Street and storm drain improvements along both Woodland Ave and Bungalow Ave.

After a month and a half of construction, residents in the neighborhood requested a site visit with City staff to discuss the overall scope of the project. This site visit took place in late November 2021, when City staff, GBI, residents, Mayor Kate, and Councilmember Hill walked the project together to discuss community needs. Requests from the public included expanding concrete repairs and modifying the lower section of Bungalow Ave from Woodland Ave to Picnic Ave. City staff was able to use a portion of the contingency funds to increase the limits of pavement repair.

For areas outside the project budget, the city hired Precision Concrete Cutting to shave remaining offsets within the road that were over half an inch.

In May 2022, City staff issued a second change order CCO2 authorizing an additional $40,000 in contingency funds to go towards project work requested by the community. The improvements SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
include: replacement of additional sections of damaged vehicular concrete, re-grading of the concrete road to improve drainage, and the installation of new curbs and concrete berms which would deter stormwater away from downhill driveways that have historically flooded.

The City provided comments from the residents regarding the lower section of Bungalow Ave to the design consultant, BKF Engineers, who came up with an alternate design to include removal of steep gutters and widening of the roadway. This re-design of lower Bungalow Ave will allow more space for vehicles to pass each other while maintaining the sidewalk for pedestrians.

ANALYSIS: The City had originally budgeted approximately $1.1 million for the construction of the Bungalow and Woodland Resurfacing Project. The construction bids received in September 2021 plus contingency were under the project budget of $850,000. After the community site visit, the paving of the lower section of Bungalow Ave was not performed under the original contract, so it could be re-designed. The City requested and received a change order cost proposal from GBI, in the amount of $352,369, to construct the lower Bungalow Ave as redesigned. City Staff has reviewed the cost proposal against recent bid pricing including the original contract prices and has found the prices fair and reasonable. City Staff recommends the City Council authorize the City Manager to execute the change order in the amount of $352,369, for a total amended contract amount of $1,179,743, and authorize additional project appropriations of $400,000. With adoption of this resolution, the amended total project appropriated amount will increase to $1,250,000. This project change will improve vehicular safety at the entrance to this neighborhood.

PUBLIC OUTREACH: In addition to the noticing prior to construction, a site visit with the community was done in November 2021. Since the beginning of construction, City staff has been in consistent communication with members of the community by mail, e-mail, and phone to convey timelines, road closures, detours, and general construction updates.

FISCAL IMPACT: Staff proposes to increase the construction appropriations for this project by $400,000 using Gas Tax funds (Fund #206).

OPTIONS:

1. Adopt the resolution as presented.

2. Do not adopt the resolution and provide direction to staff.

RECOMMENDED ACTION: Adopt the resolution approving the lower Bungalow Ave re-design and authorizing the City Manager to execute a change order to the construction agreement with Ghilotti Bros., Inc. (GBI) for the Bungalow and Woodland Resurfacing Project in an additional amount of $352,369 and authorizing additional contingency of $47,631 for a total additional appropriated amount of $400,000.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE REDESIGNED PLANS FOR THE LOWER BUNGALOW ROADWAY SECTION AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO THE

CONSTRUCTION AGREEMENT FOR THE BUNGALOW AND WOODLAND
RESURFACING PROJECT, CITY PROJECT NO. 11397, WITH GHILOTTI BROS., INC.

IN THE AMOUNT OF $352,369, AND AUTHORIZING ADDITIONAL PROJECT CONTINGENCY FUNDS IN THE AMOUNT OF $47,631, FOR A TOTAL ADDITIONAL APPROPRIATED AMOUNT OF $400,000
WHEREAS, the City Council adopted Resolution Number 14970 on September 13, 2021, authorizing and directing the City Manager to enter into a Construction Agreement with Ghilotti Bros., Inc. for the Bungalow and Woodland Resurfacing Project, City Project No. 11397, for the bid amount of $737,373.77; and WHEREAS, through Resolution Number 14970, the City Council also authorized contingency funds for the project in the amount of $112,626, for a total appropriated project amount of $850,000; and
WHEREAS, through Change Orders CCO1 and CCO2 to the Construction Agreement with Ghilotti Bros., Inc., the City has expended $90,000 of the $112,626 project contingency funds on additional street repair work; and WHEREAS, based on community input, staff has recommended that the project for the lower section of Bungalow Ave. from Woodland Ave. to Picnic Ave. incorporate a re-design to include the removal of steep gutters and overall widening of the roadway; and
WHEREAS, staff requested and received a change order proposal from Ghilotti Bros., Inc. in the amount of $352,369 to construct the re-designed lower section of Bungalow, for a total amended contract amount of $1,179,743; and WHEREAS, staff has recommended that the project budget be amended to add contingency funds in the amount of $47,631, for a total additional appropriated amount of $400,000; and
WHEREAS, with adoption of this resolution to authorize an additional $400,000 in appropriations, the total appropriated project amount will increase to $1,250,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The revised plans and specifications for the “Bungalow and Woodland Resurfacing Project”, City Project No. 11397, including the re-design of the lower section of Bungalow Ave. from Woodland Ave. to Picnic Ave. on file in the Department of Public Works, are hereby approved.

2. The City Manager is authorized to execute a change order to the Construction Agreement with Ghilotti Bros., Inc. in an amount of $352,369, for a total amended contract amount of $1,179,743, subject to final approval as to form by the City Attorney.

3. Additional funds for the project totaling $400,000, which includes the contract change order of $352,369 and additional contingency funds of $47,631, will be appropriated for City Project No. 11397, using $400,000 in Gas Tax funds (Fund #206).

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 said City held on Monday, the 6th day of June 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
File No.: 16.01.252
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.k
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 16.06.96
TOPIC: 2021/22 SLURRY SEAL PROJECT
SUBJECT: RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT FOR 2021/22 SLURRY SEAL PROJECT, CITY PROJECT NO. 11410, TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,029,500, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $120,500, FOR A TOTAL APPROPRIATED AMOUNT OF $1,150,000
RECOMMENDATION: Adopt the resolution awarding and authorizing the City Manager to execute a construction agreement for the 2021/22 Slurry Seal Project to Pavement Coatings Co. in the amount of $1,029,500 and authorizing contingency funds in the amount of $120,500, for a total appropriated amount of $1,150,000.

BACKGROUND: The City’s annual pavement management program provides vital updates to the City’s 331 lane mile network. One of the most important aspects of managing a road network is continual investment toward preservation of recently rehabilitated roads. These types of preservation projects represent relatively low-cost improvements that prolong the effective life of roadways in good condition. The City utilizes the industry standard Pavement Condition Index (PCI) system to initially identify streets in need of preventative maintenance and then conducts field investigation to further analyze conditions.

This fiscal year the proposed project is a slurry seal project that includes crack sealing, slurry sealing, and the installation of new traffic striping, crosswalks and legends to the current standards for the streets shown in Attachment 1.

On May 2, 2022, the project was advertised in accordance with San Rafael’s Municipal Code.

ANALYSIS: On May 19, 2022, the following bids were received and read aloud:

NAME OF BIDDER AMOUNT
Pavement Coatings Co. $1,029,500
American Asphalt Repair Resurfacing Co.,
Inc.
$1,044,084
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Sierra Nevada Construction, Inc. $1,104,972
VSS International, Inc. $1,183,120
Dryco Construction, Inc. $1,220,713
Graham Contractors, Inc $1,232,820
The construction bids have been reviewed by City staff and the low bid from Pavement Coatings Co. in the amount of $1,029,500 was found to be both responsive and responsible. City staff recommends awarding the construction contract to Pavement Coatings Co. for the amount bid, and also recommends the City Council authorize a construction contingency of approximately twelve percent in an amount of $120,500 for a total authorized amount of $1,150,000.

PUBLIC OUTREACH: In March 2022, staff worked with consultant, Ghirardelli Associates, to develop the list of roadways under consideration for slurry sealing and notified all utility companies of the project. The original roadway list was refined to accommodate utility companies performing scheduled work. These utility coordination efforts will minimize the need for repairs within the limits of the newly resurfaced roadways. A mailer has been sent to residents within the project limits describing the project and its impacts, along with an FAQ about the city’s annual pavement management program and the proposed treatments for their roadways. In addition, Staff posted updates on the Department of Public Works news blogs and added updates on the City’s Resurfacing and Pavement Maintenance website.

FISCAL IMPACT: Staff proposes to appropriate construction funding for this project in the amount of $1,150,000 utilizing the City’s Gas Tax Fund #206.

OPTIONS:

1. Adopt the resolution as presented.

2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction by approximately two months.

3. Do not award the contract and provide direction to staff.

RECOMMENDED ACTION: Adopt the resolution awarding and authorizing the City Manager to execute a construction agreement for the 2021/22 Slurry Seal Project to Pavement Coatings Co. in the amount of $1,029,500 and authorizing contingency funds in the amount of $120,500, for a total appropriated amount of $1,150,000
ATTACHMENTS:

1. Map of Streets to be Slurry Sealed.

2. Resolution awarding the construction agreement to Pavement Coatings Co.

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RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
AGREEMENT FOR THE 2021/22 SLURRY SEAL PROJECT, CITY PROJECT NO. 11410, TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,029,500, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $120,500, FOR A TOTAL APPROPRIATED AMOUNT OF $1,150,000
WHEREAS, on the 19th day of May 2022, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit:
“City of San Rafael 2021/22 Slurry Seal Project”
City Project No. 11410
in accordance with the plans and specifications therefore on file in the office of the Department of Public Works; and
WHEREAS, the bid of $1,029,500 from Pavement Coatings Co. at the unit prices stated in its bid, was and is the lowest and best bid for said work and said bidder is the lowest responsive and responsible bidder; and
WHEREAS, staff has recommended that the project budget include a contingency amount of $120,500;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The plans and specifications for the “City of San Rafael 2021/22 Slurry Seal Project”, City Project No. 11410 on file in the Department of Public Works, are hereby approved.

2. The City Manager is authorized and directed to execute a contract with Pavement Coatings Co. for the bid amount, subject to final approval as to form by the City Attorney, and to return the bidder’s bond upon the execution of the contract.

3. Funds for the project totaling $1,150,000 which includes the construction award amount and contingency, will be appropriated for City Project No. 11410, using $1,150,000 in Gas Tax funds (Fund #206).

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 said City held on Monday, the 6th day of June 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
File No.: 16.06.96
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.l
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works Department
Prepared by: Bill Guerin, Director
Department of Public Works
City Manager Approval: ______________
TOPIC: TEMPORARY STREET CLOSURE TO SUPPORT CANAL ALLIANCE COMMUNITY FAIR EVENT AND ONGOING MOBILE COVID-19 VACCINATIONS IN THE CANAL

NEIGHBORHOOD
SUBJECT: RESOLUTION AUTHORIZING STREET CLOSURE ON SATURDAY, JUNE 18, 2022 FROM 9 AM TO 7PM TO SUPPORT CANAL ALLIANCE’S COMMUNITY FAIR EVENT AND SATURDAYS IN JULY, 2022 FOR COVID-19 MOBILE VACCINATIONS RECOMMENDATION:

Adopt the Resolution authorizing the closure of Alto Street on Saturday June 18, 2022 to support Canal Alliance’s Community Fair Event and Saturdays in July 2022 for mobile Covid-19 vaccinations.

BACKGROUND:

Canal Alliance is a nonprofit champion of immigrants who are challenged by a lack of resources and an unfamiliar environment. Their mission statement reads “We believe everyone has the right to achieve their dreams. Because when we support immigrants, Marin becomes a place where everyone can live, learn, work, and succeed”. In furtherance of their mission, Canal Alliance intends to host a Community Fair event where they will be engaging with other organizations including local business in hopes to build economic stability for the community.

The partial street closure on June 18th will allow people seeking information about opportunities to learn more in an outdoor setting relatively safe from Covid-19 infection. The closures on other Saturdays in July will allow Marin County’s mobile vaccination unit to provide Covid-19 vaccinations to area residents.

Other businesses on this short street support the Community Fair and vaccination effort and can access their properties from the Belvedere Street end of Alto Street.

ANALYSIS:

Temporary road closures require that the City Council adopt a resolution finding that the closing is necessary for the safety and protection of persons using the road during the closing, per Vehicle Code section 21101(e) which states:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
“(e) Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” Department of Public Works staff will support the street closure by providing closure signage and traffic control support. The Police Department and Fire Department may provide ancillary support as well.

STREET TO BE CLOSED:

Alto Street from its intersection with Larkspur Street to mid-block at approximately the entrance to the Johnson and Daly Moving Company warehouse entrance on Saturday June 18, 2022, from 9 a.m. to 7 p.m., and on Saturdays in July from 6 a.m. to 3 p.m. Public walk-up access to businesses will be maintained during event hours. Staff also requests the City Council to ratify the City Manager’s emergency decision to approve the closure on Saturday June 4, 2022 to facilitate the Canal Alliance effort to vaccinate local residents on that date.

COMMUNITY OUTREACH:

Canal Alliance is advertising the Community Fair event and mobile vaccinations through their public outreach network. Canal Alliance has also received the support of other nearby businesses for these closures.

FISCAL IMPACT:

The City will provide in-kind services, such as “no parking” signage and traffic control support and advice.

Any cost associated with this support will be minimal.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt the Resolution authorizing the closure of Alto Street on Saturday June 18, 2022 to support Canal Alliance’s Community Fair event, and on Saturdays in July 2022 to support Covid-19 vaccinations.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING STREET CLOSURE ON SATURDAY, JUNE 18, 2022 FROM 9 AM TO 7 PM TO SUPPORT CANAL ALLIANCE’S COMMUNITY FAIR EVENT AND SATURDAYS IN JULY, 2022 FOR COVID-19 MOBILE

VACCINATIONS
WHEREAS, the Canal Alliance is a non-profit group advocating for the needs of the immigrant residents in San Rafael; and
WHEREAS, the Canal Alliance, intends to host a Community Fair event where they will be engaging other organizations including local businesses in hopes to build economic stability for the community; and
WHEREAS, the Canal Alliance intends to host Covid-19 vaccinations sponsored by Marin County; and
WHEREAS, the Canal Alliance has requested that the City allow the temporary closure of a portion of Alto Street on Saturday June 18, 2022 and Saturdays in July 2022 to support their events; and
WHEREAS, after reviewing the request, City staff has determined and recommended that, in the interest of the safety and welfare of pedestrian and auto traffic in the Downtown area, Alto Street should be temporarily closed to through traffic on Saturday June 18, 2022 from 9 am to 7 pm for the event, and on Saturdays in July 2022 from 6 a.m. to 3 p.m.; and WHEREAS, under his authority as Director of Emergency Services during the existing state of local emergency, the City Manager approved the temporary closure of Alto Street on June 4, 2022 to support the community’s vaccination event;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS:

1. That all of the above findings are true and correct.

2. That, pursuant to the authority of Vehicle Code section 21101(e), for the safety and protection of persons, both pedestrians and vehicle drivers, the City Council hereby authorizes the temporary closure of Alto Street for the dates and times described above.

3. The decision of the City Manager/Director of Emergency Services to approve the temporary closure of Alto Street on June 4, 2022 is hereby ratified and confirmed.

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 said City held on Monday, the 6th day of June 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.m
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ________
TOPIC: BAYPOINT LAGOONS ASSESSMENT DISTRICT
SUBJECT: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ANNUAL ASSESSMENT FY 2022-23:

1. RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT FY 2022-23

2. RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT FY 2022-23

3. RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING A PUBLIC

HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 5, 2022.

RECOMMENDATION: Staff recommends that the City Council approve the following items:

1. Adopt a resolution directing filing of Engineer’s FY 2022-23 Annual Report.

2. Adopt a resolution approving Engineer’s FY 2022-23 Annual Report.

3. Adopt a resolution of intention to order improvements and setting a public hearing on the annual assessment for the City Council meeting of July 5, 2022.

BACKGROUND: To comply with
provisions of the Landscaping
and Lighting Act of 1972, which
governs this type of assessment
district, the City Council must
approve an Engineer’s report on
an annual basis. Assessments to
be collected by the District must
be allocated and levied annually
after an appropriate public
hearing, to be held this year on
July 5, 2022.

Assessment District boundaries in East San Rafael (yellow) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Baypoint Lagoons Landscaping and Lighting District (Assessment District) was formed in 1990 to protect and enhance wildlife habitat and water quality in the Baypoint (Spinnaker) Lagoons, the adjacent ponds, and diked salt marsh. There are four total ponds/lagoons located within the Assessment District. Primarily, maintenance provided by this district has historically included mowing around the lagoon, replanting areas with native vegetation, and eradicating exotic plants such as cattails.

Since the mid-2000’s, the Baypoint Lagoons Homeowners Association (HOA) has taken a more active role in the landscaping of the lagoon areas. The HOA, as opposed to the Assessment District, has funded landscaping and biannual mowing of the grass around the lagoon in recent years.

In 2015, with the landscaping and eradication of non-native species moved to a manageable maintenance level, the HOA approached the City with two major concerns: the odor nuisance seasonally emitted from the lagoons and the related need for improvements to the nearby Cayes Stormwater Pump Station. The homeowners agreed Assessment District funds could be used towards these priorities.

The Assessment District has three dedicated Funds:

1. Eradication of Exotic Plants Fund
The Eradication of Exotic Plants Fund was established as the primary funding source to protect and enhance the wildlife habitat in the lagoons, ponds and diked salt marsh located within the district parameters. As noted, the HOA took over the maintenance of the waterfront around the lagoon in the mid-2000’s. Since that time, the City has performed occasional maintenance of the vegetation within the lagoon and on the islands.

The Eradication of Exotic Plants Fund balance as of June 30, 2022 is anticipated to be $44,986.

2. Environmental Monitoring Fund
This fund was set up to address the homeowners concern over the odor emitted from the lagoons in the summer months. While the salt pond (the major source of the odor) falls within the boundary of the Assessment District, the pond itself is on private property and therefore is not within the Assessment District’s responsibility to maintain. However, due to their proximity to the pond and the odor emitted from the main lagoon as well, members of the Assessment District approached the City in 2014 requesting that funds from the District be allocated to further study odor control options for all lagoons. Since that time, the City completed a comprehensive study of lagoon health and options for odor control with Siegel Environmental.

In 2017, the City also applied for a grant to the San Francisco Bay Restoration Authority Measure AA grant for the restoration of Spinnaker Marsh and Shoreline Flood Protection measures. The project would aim to not only reinforce the levee, but resolve long-time odor issues resulting from the seasonal drying of the marsh. However, the 2017 grant application was ultimately turned down and there was some homeowner opposition to the proposed levee.

The City reapplied for the same grant in the fall of 2019 after extensive outreach by the HOA. While the grant application was accompanied by over 100 support letters, more than a dozen neighbors remained opposed to the project. In March 2020, the grant application was turned down once again with the granting agency, the San Francisco Bay Restoration SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Authority, noting that the remaining resident opposition to the project may inhibit CEQA compliance.

The Environmental Monitoring Fund balance as of June 30, 2022 is anticipated to be $44,854.

3. Cayes Stormwater Pump Station Improvements Fund
Though the Cayes Pump Station is located just outside the Assessment District, the station serves as the key drainage facility and its regular pumping action keeps it as the odor regulator for the district’s lagoon. The Assessment District is concerned with improving the functionality and remote operability of the 50-year old pump station, and since 2006 has set aside money every year to fund control system improvements. Bringing the control system up to date would allow for a more automated method of control of the water level to reduce the potential odors caused by hot weather and algae growth.

The Cayes Stormwater Pump Station Improvements Fund is expected to have a balance of $78,893 as of June 30, 2022.

ANALYSIS: On behalf of the homeowners and the District, the City has undergone two major efforts in the previous two years to advance the goals of the district and homeowners. The first was the engineering and design of the reconstruction of Cayes Pump Station. A design contract was awarded to Cammisa + Wipf and completed in 2021. The City currently has 90% electrical plans and estimated construction cost from the Cammisa + Wipf design contract.

The second major effort was with the environmental consultants Foth and Van Dyke to design an aeration system to both monitor and maintain water quality; but chiefly to reduce the odor from the lagoon. In the Fall and Winter of 2021, the City worked closely with Foth and Van Dyke to pilot a new aeration and oxidation method to improve water quality and reduce odor. Due to the shallow water level of the lagoon, it was deemed infeasible to aerate the pond and the contract with Foth and Van Dyke was terminated. Remaining funds have been allocated to the Pump Station Improvements Fund.

The activities for the Assessment District Fund during FY 2021-22 were as follows:

July 1, 2021 Fund Balance $200,104.66
Revenues
Assessments $24,099.53
Interest $0.00
Total Revenues $24,099.53
YTD Expenditures
County Admin Fee $386.00
Engineer's report $5,862.50
Environmental Monitoring Fund
Foth and Van Dyke study $6,661.54
Pump Station Improvements Fund
Cammisa + Wipf design (encumbered) $20,680.00
Total Expenditures (proj.) $33,590.04
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Projected June 30, 2022 Fund Balance $190,614.15
The attached resolutions provide for filing and approval of the Engineer’s 2022-23 Annual Report for the District and setting the public hearing on the assessments.

FISCAL IMPACT: All revenues and expenses are generated by the Assessment District and are contained within the Baypoint Lagoons Assessment District Fund (Fund No. 235). The proposed FY 2022-23 assessment is $131.44 per parcel, which has remained unchanged since 1996. The City does incur indirect General Fund costs as it relates to staff time spent monitoring and adjusting the lagoon water level, as well as managing the capital improvements at the Cayes Stormwater Pump Station. The District pays for all direct contracted costs.

OPTIONS:

The City Council has the following options to consider relating to this item:

1. Adopt the three resolutions as presented.

2. Provide direction to staff to modify any or all of the resolutions and return to the City Council with additional information.

3. Do not adopt the resolutions. If the resolutions are not adopted by the Council, the public hearing will not take place and the City will be unable to levy the annual assessment against property owners within the Assessment District.

RECOMMENDED ACTION:

1. Adopt resolution directing filing of Engineer’s FY 2022-23 Annual Report.

2. Adopt resolution approving Engineer’s FY 2022-23 Annual Report.

3. Adopt resolution of intention to order improvements and setting a public hearing on the annual assessment for the City Council meeting of July 5, 2022.

ATTACHMENTS:

1. Resolution directing filing of Engineer’s 2022-23 Annual Report

2. Resolution Approving Engineer’s 2022-23 Annual Report

3. Resolution of intention to order improvements and setting a Public Hearing on the Annual Assessment for the City Council meeting of July 5, 2022

4. CSW/Stuber-Stroeh Engineer’s 2022-23 Annual Report
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DIRECTING
FILING OF ENGINEER’S ANNUAL REPORT FY 2022-23

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
_________________________________________________
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that:

1. CSW/Stuber-Stroeh Engineering Group, Inc. is designated by this Council as the Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, and is hereby directed to file with the City Clerk an annual report for fiscal year 2022-23 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

2. This resolution is adopted pursuant to Section 22622 of the Streets and Highways Code.

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 Council of said City on the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
ENGINEER’S ANNUAL REPORT FY 2022-23

1. CSW/Stuber-Stroeh Engineering Group, Inc. as designated Engineer of Work for Baypoint Lagoons Landscaping and Lighting District has filed with the City Clerk an Engineer’s Annual Report for fiscal year 2022-23 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

2. The aforementioned Engineer’s Annual Report, on file with the City Clerk, is approved as filed.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
RESOLUTION NO.

SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER

IMPROVEMENTS AND SETTING A PUBLIC HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 5, 2022

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
__________________________________________________
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that:

1. The City Council intends to levy and collect assessments within the Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, during the fiscal year 2022-23. The area of land to be assessed is located in the City of San Rafael, Marin County.

2. In accordance with this Council’s resolution directing the filing of an Engineer’s Annual Report, CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work, has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

3. The proposed assessment does not increase the assessment from the previous year.

4. On Tuesday, the 5th of July, 2022 at the hour of 7:00 o’clock P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held both in person at the City Council Chambers as well as virtually through Zoom at the webinar location listed on the agenda online at https://www.cityofsanrafael.org/departments/public-meetings/, as well as being streamed to YouTube at www.youtube.com/cityofsanrafael.

5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972 by publishing a copy of this resolution once in the Marin Independent Journal, publication to be completed not less than ten (10) days before July 5, 2022.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR

BAYPOINT LAGOONS LANDSCAPING

AND LIGHTING DISTRICT
2022 - 2023

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 6, 2021
First Meeting
JULY 5, 2021
Second Meeting
Prepared By:

CSW/Stuber-Stroeh Engineering Group, Inc.
45 Leveroni Court
Novato, CA 94949
CSW ST 2

Page 1 ends

P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx

ENGINEER'S ANNUAL REPORT
2022-2023

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed annual report as directed by the City Council.

DATED: ____________, 2022
CSW/STUBER-STROEH ENGINEERING GROUP, INC.

Engineer of Work
By ______________________________________
Alan G. Cornwell
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the ____________________ day of ___________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on __________, 2020 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the ___________________ day of ___________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Marin on the ____________________ day of ____________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx

ENGINEER'S ANNUAL REPORT
2022-2023

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Pursuant to the Landscaping and Lighting Act of 1972)
CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, makes this annual report, as directed by the City Council, by its Resolution No. ___________, adopted ______________, 2022.

The improvements which are the subject of this report are briefly described as follows:

Creating, maintaining, and monitoring open space habitat. Each year for the foreseeable future, cattail removal will be undertaken to enhance the habitat. After at least five years of cattail eradication, a monitoring assessment will be completed to document the effectiveness of the removal effort. The monitoring will be done in accordance with the proposal for SPINNAKER LAGOON MANAGEMENT, as prepared by Resource Management International, Inc. previously known as Western Ecological Services Company, Inc., dated February 25, 1998, and the letter dated November 28, 1999 by Wetlands Research Associates. The future Report will reflect anticipated costs to provide funds for the monitoring program necessary to demonstrate the contingent viability of the diked marsh area. Future monitoring is the best way to demonstrate to interested agencies the success of the mitigation program that is the responsibility of the district.

This report consists of six parts, as follows:

PART A - Plans (SPINNAKER LAGOON MANAGEMENT PLAN, WETLAND RESEARCH ASSOCIATES LETTER, and PACIFIC OPEN SPACE, INC. LETTER) for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B - An Amended Estimated Cost of the Assessment District.

PART C - Assessment Roll - An assessment of the estimated cost of the improvement on each benefited parcel of land within the assessment district.

PART D - Method of Apportionment of Assessment - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - List of Property Owners - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit "C" by assessment number.

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
CSW/Stuber-Stroeh Engineering Group, Inc.

By ______________________________________
Alan G. Cornwell, Engineer of Work
PART A

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx Plans for the maintenance and improvement of the lagoon are the monitoring portions of the report prepared by Western Ecological Services Company, Inc., dated May 31, 1996 and titled REVISED PROPOSAL FOR 1998 and 1999 BUDGET FOR SPINNAKER LAGOON MANAGEMENT, the Letter Report prepared November 28, 1999 by Wetlands Research Associates, Inc., the Letter Proposal prepared by Pacific OpenSpace dated August 9, 1999, and subsequent documents and contracts between Pacific OpenSpace and the City of San Rafael. These documents have been filed previously with the clerk of the legislative body and are incorporated in this report by reference.

The actual eradication of the cattails has been handled directly through a City contract. Several years ago, the City obtained a number of preliminary proposals to completely eliminate the cattails from the entire lagoon. At that time, the estimated cost to do this work was $90,000. Since the Assessment District was not able to fund the amount from a single annual assessment, the City developed a program to complete a portion of the eradication each year on an on-going basis, thereby arresting future expansion of the cattail area and slowly reclaiming the lagoon from the emerging cattail areas. In addition, the City also began replanting some areas with native vegetation.

The fund to eradicate exotic plants has remained constant with no additional allocation. The fund value is currently $55,000.00.

In past years, additional weed abatement was performed by Pacific OpenSpace, Inc. under the direction of the City. The Pacific OpenSpace maintenance crew performed weed control in the form of mowing at Baypoint Lagoon during 2005. The major focus of their work was the eradication of broadleaf perennials, such as bristly ox-tongue (Picris echioides) and fennel (Foeniculum vulgare), as well as perennial weeds such as Harding grass (Phalaris aquatica). The most recent maintenance mowing by Pacific OpenSpace took place on March 21, 2006 followed by spraying of broadleaf weeds on May 15, 2006. In 2006 the contract between the City and Pacific OpenSpace lapsed, and the second mowing was not completed with Assessment District funds. No mowing using Assessment District funds occurred during the 2016-2017 fiscal year.

The Homeowners Association has continued to take an active role in managing and directing the Assessment District. Representatives from the Homeowners Association have met on numerous occasions with the District Engineer, the City’s engineering staff and the City’s maintenance staff regarding the management and operations of the lagoon and surrounding open area. These meetings started a number of years ago and have continued, allowing the homeowners to gain expertise and insight into the original intentions of the Assessment District and develop ideas and plans to make the best use of the Assessment District funds. The most recent discussion took place in May 2017.

Based on the active role that the homeowners have taken, much of the annual landscape control maintenance work that had previously been completed by the District is being paid for directly by the Homeowners Association. This includes the annual or bi-annual mowing around the lagoon.

In early 2015, the Baypoint homeowners approached Nader Mansourian, then Director of Public Works, with two concerns relative to the assessment district. The first concern was the seemingly hopeless task of obtaining adequate funds to replace and upgrade the City of San Rafael’s Cayes Storm Water Pump Station, and the second, the more immediate need, to address the odor nuisance from the Lagoon.

PART A

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx First Concern:

Since 2006, the Assessment District has set aside money every year to fund improvements to the Cayes Storm Water Pump Station. The amount of set aside started small, $5,000.00, and has increased to approximately $15,000.00 annually. However, in Fiscal Year 2018-2019 maintenance to clean the pump station and outfall was undertaken which reduced Cayes Pump Fund (see below).

The amount set aside is designated to fund the control improvements to the pump station to bring the control system up to date and allow a more automated control of the water level to reduce the potential for hot weather odors and algae growth. This fund now stands at $157,000.00. The cost of the controls system has increased steadily over the years, and there has never been a formal assessment of the specific control system improvements needed to automate the system. The Homeowners Association would like to work with the City to use District funds to undertake a formal study to determine the feasibility, cost, and potential benefit of enhancing the control systems at the Cayes Storm Water Pump Station, with specific emphasis on alleviating the unpleasant odors which emanate from the lagoon. As noted below, this more pressing need (odor control) has been the focus of the homeowners, and the funds normally anticipated to be added to the fund from 2015-2016 and 2016-2017 assessments have been used for other benefits.

Nevertheless, an additional $10,000 allocation from the 2020-2021 assessments is suggested for the coming year.

Second Concern:

In the summer of 2014, the odor complaints continued to get worse, and the funding for the improvements to the Cayes Storm Water Pump Station continued to be short of what was needed to fund the pump station improvements. Members of the Assessment District approached the City and requested that funds from the district be allocated to further study options to control the odor.

In January, 2015, the City Council, acting on the request from the members of the Assessment District, authorized the Public Works Director to engage Siegel Environmental to study the problem and suggest solutions to the odor problems that might be accomplished without changing the controls at the pump station. The cost of the study was $35,485.00, and the members of the Assessment District agreed to fund this out of the set aside funds available in the district. The study was completed in February, 2016, and the District paid the appropriate invoices.

The result of this work reduced the overall funds available. Since the work was environmentally driven, the District paid for the study from the set-asides allocated as the Environmental Monitoring Fund. This reduced the Environmental monitoring fund to $31,515.00. For the subsequent two years the set-aside from the District has continued to grow this balance. Based on the contribution since 2016, the fund is $51,515. No additional funds will be added for 2020-2021.

Environmental Monitoring: It is anticipated that a complete monitoring of the environmental health of the lagoon will be required at some time in the future. This year no additional allocation is being recommended for the 2020-2021 expenditures. The fund will remain at $51,515.00 in June, 2021.

Cayes Storm Water Pump Station: The homeowners continue to desire to add motor controls to better regulate the level of the lagoon. This would require that additional control devices be integrated into the Cayes Storm Water Pump Station. The District is allocating $10,000.00 of next year’s expenditures toward further analysis of the Cayes Storm Water Pump Station controls. The fund is projected to hold $167,000.00 in June, 2021.

PART A

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx Eradication of Exotic Plants: This fund has remained the same for many years, anticipating removal of invasive and exotic plants and debris. In earlier years, the District removed grass and cattails along with mowing the waterfront. As noted above, the Home Owners Association took over the maintenance of the water front around 2006. Since that time the City has performed sporadic maintenance on the vegetation within the lagoon which is difficult to reach from the shoreline. Until the 2019-2020 fiscal year, the City did this with its own maintenance staff and did not charge the district for the work. The fund will remain at 39,178.00 in June 2021.

Additional Activities for the Fiscal Year 2017-2018: During Fiscal Year 2017-2018 the City, on behalf of the District, has made several inquiries into obtaining additional funding for restoration of the Lagoon. In the fall of 2017, the City made a grant application to the San Francisco Bay Restoration Authority under the Authority’s First Round of Measure AA Funding. Unfortunately, the City’s project was not chosen. In addition, the City has continued to work with Mr. Stuart Siegel (Siegel Environmental and Adjunct Professor at San Francisco State University to try and persuade the San Francisco Bay Joint Venture to accept the project in order to demonstrate to the Restoration Authority that the project has been “vetted” and has support from the environmental community.

These efforts are on-going. As with many grant applications, final approval may be several years in the future.
2018 – 2019 Activities
During Fiscal Year 2018-2019 the City contracted with Ghilotti Construction to clean the pump station and outlet pipes to improve flow. The cost of the work was $32,111.00. This was paid out of the Pump Station Fund, reducing it to $103,899. ($136,000 - $32,111 = $103,899) 2019 – 2020 Activities
During Fiscal Year 2019-2020 the Homeowners Association requested that the City provide maintenance to remove non-native vegetation which had be a growing concern to the viability of the lagoon. The City completed two tasks relating to long-term maintenance on the lagoon and two others on the pump station. The first was to improve the maintenance operation on the pump station. This included the annual cleaning and debris removal before the beginning of the rainy season. The City included this work as part of the routine maintenance required for the pump station and did not charge the District for that work. The second task was to upgrade the controls and improve their responsiveness and long term viability. The City contracted this work through the City’s Stormwater Maintenance Fund and expects the District to reimburse the fund. This will reduce the Pump Station Control Fund.

A discussion of the two maintenance tasks follow:

The first task was algae removal and was performed by Solitude Lake Management, LLC. This work was completed in the fall of 2019. The work included having a pontoon watercraft fitted with a skimmer remove the surface algae from the pond and place it along the shoreline. The City’s maintenance staff then removed the algae from the site. The outside (Solitude Lake Management, LLC) cost for this work was $11,550. The City did not assess the District for the work done by City staff and equipment.

The second effort removed the cattail vegetation from the pond and pampas grass and debris from the islands, some of which was hampering the operations of the gate and pipe connection at the PART A

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx outlet to San Rafael Bay. The City first lowered the level in the lagoon to allow better access to the cattails. Then the City contracted Forster and Kroeger Landscape to hand cut the cattails below the lowered waterline and remove them from the site. The cost of the cattail removal was $4,272 and again the City did not charge the District for the City’s staff and equipment.

The total cost of the work was $15,822 ($11,550 + $4,272). This was paid out of the Eradication of Exotic Plants Fund reducing it to $39,178 ($55,000 - $15,822). Since this type of work will be likely be needed at regular intervals in the future we are allocating $16,000 of the 2020-2021 assessment budget to the Eradication of Exotic Plants Fund replacing that spent in the 2019-2020 year.

The cost of the upgrades to the controls of the Cayes Pump Station was $42,007.50. The expenses below shown a reduction in the Pump Station Control Fund of this amount reducing the Fund from $156,000 to $114,992.50. These reductions are reflected in Part B below. 2020 – 2021 Activities
At the request of the Homeowners and noted in the 2020-2021 Report, the City is coordinating an effort to help reduce odors and better manage both the water levels in the lagoon and the lagoon itself. On behalf of the homeowners and the District, the City has entered into two contracts, one with Cammisa + Wipf and another Foth and Van Dyke to provide various improvements. Cammisa + Wipf is designing a control system for the Cayes Pump Station and Foth and Van Dyke is designing an aeriation system in addition to monitoring water quality.

The City contracted with Cammisa + Wipf to design lagoon control improvements to better manage the water levels in the lagoon. Cammisa + Wipf is currently designing those controls. The Cammisa + Wipf contract is for $74,100 and Cammisa + Wipf are approximately 50% complete as of April 2021. The cost to upgrade and rehabilitate the pump station is estimated to be in the range of $400,000 to $500,000. The City will be including that amount in future Capital Improvement Budgets to supplement the contribution from the District. The District will continue to make an allocation of 2021-2022 assessment proceeds to the Pump Station Control Fund ($10,000). The Pump Station Control Fund is expected to have a balance of $85,050.00 ($124,992.50 - $37,942.50 - $2,000) on June 30, 2021.

The City entered into a contract with Foth and Van Dyke on April 15, 2021 to provide various services including monthly monitoring and reporting, water quality control enzyme applications, water quality testing, improving water circulation and installing equipment. The Contract covers the entire Spinnaker Point Lagoon. Since the Lagoon is only approximately half within the frontage of the Bay Point Lagoons Assessment District, the District is only responsible for half of the contract.

The contract will run through 2022 and has a not-to-exceed amount of $51,242 ($25,621 assigned to the District). Using the funds available from the Eradication of Exotic Plants, the District will be able to cover these costs. No contribution from the 2021-2022 proceeds is available for the Eradication Fund. The Eradication Fund is expected to have a balance of $44,985.88 ($55,178 - $10,192.12) on June 30, 2021.

Together, both of these contracts total $125,342. In addition, Foth and Van Dyke suggests the City allow a budget of $37,000 to $45,000 for the installation of the equipment. This amount will be funded through the Monitoring and Status Report Fund. This will mostly deplete this fund, although future assessment revenue may be assigned to this fund to re-build it when needed for PART A

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx further improvements. The Monitoring and Status Report Fund is expected to remain with a balance of $51,515.00 on June 30, 2021.
2021 – 2022 Activities
Foth and Van Dyke continued to perform Monitoring and reporting on the water quality during the fiscal year 2021-2022. The water quality did not appear to improve even using an aeriation bubbler to try to introduce oxygen into the lagoon. Foth and Van Dyke was paid a total of $6,661.54 for the work that was completed. Since there was no noticeable improvement in the water quality, the City elected to cancel the remainder of the Foth and Van Dyke contract so that those funds could be better spent in the future on the capital improvement to structurally address the water quality. Since the City spent a significant amount of staff time manually controlling the water level to provide odor relief and the staff time exceeded the Foth and Van Dyke invoice, the District paid the full invoice and the City did not charge the District for the staff time.

Since the equipment suggested in the method to control odors is no longer needed, the District will no longer continue to hold $45,000 toward the installation of the equipment. This money will be returned to the Eradication Fund. The fund will remain as it was in the 2021-2022 report at $44,985.88
As noted above, the City contracted with Cammisa + Wipf to design lagoon control improvements to better manage the water levels in the lagoon. Cammisa + Wipf is currently designing those controls. The Cammisa + Wipf contract is for $74,100 and Cammisa + Wipf are approximately 90% complete as of April 2022. However, Cammisa + Wipf have only incurred $58,622.50 in design costs in the fiscal years 2020-2021 and 2021-2022. The City expects the remaining contract to be completed in fiscal year 2022-2023. The cost to upgrade and rehabilitate the pump station is now estimated to be in the range of $ 375,000 to $400,000. The City will be including that amount in future Capital Improvement Budgets to supplement the contribution from the District. The District will increase an allocation to the Pump Station Control Fund for 2022-2023. This amount will be $20,000.00. The Pump Station Control Fund is expected to have a balance of $78,892.50($95,050.00 - $20,680.00 - $15,477.50 + $20,000) on June 30, 2023.

PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx First Year Expenditures 1993-1994, Phase II Program $ 27,017.00 Assessment Proceeds, Plus 1992-1993 Surplus $ 27,208.36 Surplus to Carry Forward $ 191.36
Second Year Expenditures 1994-1995, Phase II Program $ 25,340.05 Assessment Proceeds, Plus 1993-1994 Surplus $ 25,385.36 Surplus to Carry Forward $ 45.31
Third Year Expenditures 1995-1996, Phase II Program $ 19,990.88 Assessment Proceeds, Plus 1994-1995 Surplus $ 27,253.67 Surplus to Carry Forward $ 7,262.79
Fourth Year Expenditures 1996-1997, Phase II Program $ 22,116.76 Assessment Proceeds, Plus 1995-1996 Surplus $ 34,471.15 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 12,354.39
Fifth Year Expenditures 1997-1998, Phase II Program $ 29,681.42 Assessment Proceeds, Plus 1996-1997 Surplus $ 39,644.38 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 9,962.96
Sixth Year Expenditures 1998-1999, Phase II Program $ 26,646.72 Assessment Proceeds, Plus 1997-1998 Surplus $ 37,171.32 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 10,524.60
Seventh Year Expenditures 1999-2000, Phase II Program $ 12,350.00 Assessment Proceeds, Plus 1998-1999 Surplus $ 37,647.13 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 25,297.13
Eighth Year Expenditures 2000-2001, Phase II Program $ 45,079.76 Assessment Proceeds, Plus 1999-2000 Surplus $ 75,205.08 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 30,125.32
Ninth Year Expenditures 2001-2002, Phase II Program $ 20,386.00 Assessment Proceeds, Plus 2000-2001 Surplus $ 55,382.83 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 34,996.83
Tenth Year Expenditures 2002-2003, Phase II Program $ 25,944.08 Assessment Proceeds, Plus 2001-2002 Surplus $ 60,097.87 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 34,153.79
Eleventh Year Expenditures 2003-2004, Phase II Program $ 28,333.58 Assessment Proceeds, Plus 2002-2003 Surplus $ 63,743.79 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 35,410.21
Twelfth Year Expenditures 2004-2005, Phase II Program $ 28,041.08 Assessment Proceeds, Plus 2004-2005 Surplus $ 59,634.21 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 31,593.13
Thirteenth Year Expenditures 2005-2006 Phase II Program $ 12,669.63 Assessment Proceeds, Plus 2005-2006 Surplus $ 56,078.66 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 43,409.03
PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx Fourteenth Year Expenditures 2006-2007 Phase II Program $ 10,566.59 Assessment Proceeds, Plus 2006-2007 Surplus $ 68,278.56 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 57,711.97
Fifteenth Year Expenditures 2007-2008 Phase II Program $ 386.00 Assessment Proceeds, Plus 2007-2008 Surplus $ 86,473.89 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 86,087.89
Sixteenth Year Expenditures 2008-2009 Phase II Program $ 4,896.06 Assessment Proceeds, Plus 2008-2009 Surplus $ 111,250.42 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 106,354.36
Seventeenth Year Expenditures 2009-2010 Phase II Program $ 5,079.22 Assessment Proceeds, Plus 2009-2010 Surplus $ 133,546.22 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 128,467.00
Eighteenth Year Expenditures 2010–2011 Phase II Program $ 4,344.03 Assessment Proceeds, Plus 2010-2011 Surplus $ 153,053.53 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 148,709.50
Nineteenth Year Expenditures 2011–2012 Phase II Program $ 4,391.16 Assessment Proceeds, Plus 2011-2012 Surplus $ 173,033.03 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 168,641.87
Twentieth Year Expenditures 2012–2013 Phase II Program $ 4,338.60 Assessment Proceeds, Plus 2012-2013 Surplus $ 192,959.40 SURPLUS & RESERVE FUND TO CARRY FORWARD 188,620.80
Twenty-First Year Expenditures 2013–2014 Phase II Program $ 4,881.03 Assessment Proceeds, Plus 2013-2014 Surplus $ 214,106.83 SURPLUS & RESERVE FUND TO CARRY FORWARD 209,225.80
Twenty-Second Year Expenditures 2014-2015 Phase II Program including, Conceptual Enhancement and Measurement Report* $ 23,503.31 Assessment Proceeds, Plus 2014-2015 Surplus $ 233,684.33 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 210,181.02
Twenty-Third Year Expenditures 2015-2016 Phase II Program including, Conceptual Enhancement and Measurement Report** $ 22,516.31 Assessment Proceeds, Plus 2015-2016 Surplus $ 212,712.63 SURPLUS & RESERVE FUND TO CARRY FORWARD $ 190,196.32
Twenty-Third through Twenty-Fourth Year Adjustment*** $ 27,723.68 Available Funds on July 1, 2016 $ 217,920.00
Twenty-Fourth Year Expenditures 2016-2017 Phase II Program $ 5,721.61 including, Assessment Proceeds, Plus 2016-2017 Surplus $ 244,047.24

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on July 1, 2017*** $ 238,325.63
Twenty-Fifth Year Expenditures 2017-2018 Phase II Program $ 5,487.25 including, Assessment Proceeds, Plus 2017-2018 Surplus $ 263,384.52

SURPLUS & RESERVE FUND TO CARRY FORWARD
PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx Available Funds on June 1, 2018 (2018-2019 Report) $ 257,897.27 Unallocated Contingencies from City Finance Department $ 2,219.73 Available Funds on June 1, 2018 (per City Finance Department) $ 260,117.00 Twenty-Sixth Year Expenditures 2018-2019 Phase II Program $ (37,930.63) Including Pump Station Clean-out (used Pump Station Control Fund) and Assessment Proceeds Plus 2018-2019 /surplus $ 285,332.00

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on June 1, 2019 $ 247,401.37
Unallocated Contingencies from City Finance Department $ 5,013.08 Available Funds on June 30, 2019 (per City Finance Department) $ 252,414.45 Twenty-Seventh Year Expenditures 2019-2020 Phase II Program $ (5,028.00) Vegetation Removal (used Eradication of Exotic Plant Fund) $ (15,822.00) Cayes Pump Station Controller Upgrade $ (42,007.50)
Assessment Proceeds 2019-2020 $ 24,099.53
Interest $ 2,390.00

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available (Estimated) Funds on June 1, 2020 $ 216,052.48 Unallocated Contingencies from City Finance Department $ (6,360.48) Available Funds on June 30, 2020 (per City Finance Department) $ 209,692.00 Twenty-Eighth Year Expenditures 2020-2021 Phase II Program Water Quality Program (Foth and Van Dyke) $ (10,192.12) Cayes Pump Station Electrical Upgrade (Cammisa + Wipf) $ (37,942.50) PG&E Utility Hook-Up $ (2,000.00)
Marin County fee $ (386.00)
2020-2021 Engineer’s Report $ (6,815.19)
Assessment Proceeds 2020-2021 $ 24,099.53
Interest $ 316.68
Total Twenty-Eighth Year Expenditures $ (32,919.60)

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on June 1, 2021 (per 2021-2022 Engineer’s Report) $ 176,772.40

TWENTY-NINTH YEAR ASSESSMENT 2021-2022:

Unallocated Contingencies (per City Finance Department) $ 23,332.26 Available Funds on July 1, 2021 (per City Finance Department) $ 200,104.66 Twenty-ninth year expenditures (2021-2022)
Water Quality Program (Foth) $ (6,661.46)
Pump Station electrical upgrades (Pump Station Control Fund) $ (20,680.00) PG&E Bill $ 0.00
Marin County Fee $ (386.00)
2020-2021 Annual Engineer’s Report $ (5,862.50)
Assessment Proceeds 2021-2022 $ 24,099.53
Interest $ 0.00
Total Twenty-Ninth Year Available Funds (May 9, 2021): $ (9,490.43) THIRTIETH YEAR ASSESSMENT 2022-2023
PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx Monitoring and Status Report Fund (2021-2022 Report less actual) $ 44,853.54 Pump Station Control Fund (Cammisa + Wipf) $ 74,370.00
Eradication of Exotic Plants $ 44,985.88
Total Cost of Phase II Monitoring,
Pump Station Fund & Eradication $ 164,209.42
Anticipated 2022-2023 Expenses
Pump Station Electrical Design (Cammisa + Wipf) $ 15,477.00 Incidental Expenses
Uncollected Assessments (2022-2023) $ 1,268.39
Engineer's Report (2022-2023) $ 6,800.00
Cayes Pump Station – 2022-2023 Allocation $ 20,000.00
Eradication of Exotic Plants Fund – 2022-2023 Allocation $ 0.00 Monitoring Fund Contribution $ 0.00
County Administrative Fees $ 400.00
Total Cost of Incidental Expenses $ 28,468.39
Total Cost of Expenses and Held Funds $ 208,155.31
Contingencies $ 7,826.84

TOTAL ANTICIPATED THIRTIETH YEAR EXPENSES
AND ALLOCATIONS: $ 25,367.92
Total Thirtieth Year available funds: $ 215,982.15
*2014-2015 expenses were not fully available at the time the 2014-2015 report was prepared. The 2015 expense for Siegel Environmental of $18,110.00 should be added, reducing the 2014-2015 allocation ($5,000.00) to the environmental and monitoring fund to zero ($0.00) and using a portion of the reserves in that fund to pay for the study ($13,110.00). **2015-2016 expenses include the payments to Siegel Environmental to complete the Conceptual Enhancements and Management Report, $17,375.00. This does not allow any contribution to the Environmental and Monitoring Fund as previously noted and reduces the Environmental and Monitoring Fund to ($67,000.00-$35,485.00) $31,515.
***Based on a complete reconciliation of revenue and expenses from years 1 – 23, the City’s ledger shows the May 6, 2016 balance of $205,748.13, $15,551.81 ($27,723.68 using July 1, 2016 fund balance of $217,920.00) greater than the balance which has been carried by the Assessment District; this balance has been building gradually over the years since the Homeowners Association elected to take on the maintenance and District projections of expenses have been purposely conservative.

This was further updated in 2017-2018 year to reflect fund balances at fiscal year-end as of July 1, 2016 and 2017.
****For 2019-2020, prior contingencies were used to pay, in part, for the Pump Station cleanout.

PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
1 $131.44 1 009-361-06
2 $131.44 2 009-361-05
3 $131.44 3 009-361-04
4 $131.44 4 009-361-03
5 $131.44 5 009-361-02
6 $131.44 6 009-361-08
7 $131.44 7 009-361-09
8 $131.44 8 009-361-10
9 $131.44 9 009-361-11
10 $131.44 10 009-361-12
11 $131.44 11 009-361-17
12 $131.44 12 009-361-16
13 $131.44 13 009-361-15
14 $131.44 14 009-361-14
15 $131.44 15 009-361-13
16 $131.44 16 009-361-19
17 $131.44 17 009-361-20
18 $131.44 18 009-361-21
19 $131.44 19 009-361-22
20-1 $0.00 20 009-371-02
20-2 $0.00 Portion of 20 009-371-03
21 $131.44 21 009-372-01
22 $131.44 22 009-372-02
23 $131.44 23 009-372-03
24 $131.44 24 009-372-04
25 $131.44 25 009-372-05
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
26 $131.44 26 009-372-06
27 $131.44 27 009-372-07
28 $131.44 28 009-372-08
29 $131.44 29 009-372-09
30 $131.44 30 009-372-10
31 $131.44 31 009-372-11
32 $131.44 32 009-372-12
33 $131.44 33 009-372-13
34 $131.44 34 009-372-14
35 $131.44 35 009-372-15
36 $131.44 36 009-372-26
37 $131.44 37 009-372-27
38 $131.44 38 009-372-25
39 $131.44 39 009-372-24
40 $131.44 40 009-372-23
41 $131.44 41 009-372-22
42 $131.44 42 009-372-21
43 $131.44 43 009-372-20
44 $131.44 44 009-372-18
45 $131.44 45 009-372-19
46 $131.44 46 009-362-03
47 $131.44 47 009-362-04
48 $131.44 48 009-362-05
49 $131.44 49 009-362-13
50 $131.44 50 009-362-12
51 $131.44 51 009-362-14
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
52 $131.44 52 009-362-15
53 $131.44 53 009-362-16
54 $131.44 54 009-362-17
55 $131.44 55 009-362-18
56 $131.44 56 009-362-19
57 $131.44 57 009-362-20
58 $131.44 58 009-362-21
59 $131.44 59 009-362-10
60 $131.44 60 009-362-09
61 $131.44 61 009-362-06
62 $131.44 62 009-362-22
63 $131.44 63 009-362-25
64 $131.44 64 009-362-26
65 $131.44 65 009-362-30
66 $131.44 66 009-362-31
67 $131.44 67 009-362-32
68 $131.44 68 009-362-33
69 $131.44 69 009-362-34
70 $131.44 70 009-362-29
71 $131.44 71 009-362-35
72 $131.44 72 009-362-38
73 $131.44 73 009-362-39
74 $131.44 74 009-362-42
75 $131.44 75 009-362-43
76 $131.44 76 009-362-46
77 $131.44 77 009-373-11
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
78 $131.44 78 009-373-14
79 $131.44 79 009-373-15
80 $131.44 80 009-373-18
81 $131.44 81 009-373-19
82 $131.44 82 009-373-01
83 $131.44 83 009-373-02
84 $131.44 84 009-373-03
85 $131.44 85 009-373-04
86 $131.44 86 009-373-08
87 $131.44 87 009-373-07
88 $131.44 88 009-373-06
89 $131.44 89 009-373-05
90 $0.00 Portion of Parcel A
(Shoreline Park)
009-010-34
91-1 $0.00 Parcels B, F, L & M 009-361-24
92-1 $0.00 Parcel C & Lots L46, L61,
L60, L62, L63, L64, L70, L71,
L72, L73, L74, L75 & L76
009-362-49
93 $0.00 Parcel D 009-362-11
94-1 $0.00 Parcel E 009-362-47
94-2 $0.00 Portion of Parcel E 009-373-22
96-1 $0.00 Parcels G, H & I & Lots L77,
L78, L79, L80 & L81
009-373-23
99-1 $0.00 Parcels C, J & K 009-372-28
103 $0.00 Parcel N 009-010-31
104-1 $0.00 Parcel A 009-390-01
104-3 $131.44 94 009-390-03
104-4 $131.44 95 009-390-04
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
104-5 $131.44 96 009-390-05
104-6 $131.44 97 009-390-06
104-7 $131.44 98 009-390-07
104-8 $131.44 99 009-390-08
104-9 $131.44 100 009-390-09
104-10 $131.44 101 009-390-10
104-11-1 $131.44 102 009-390-66
104-12 $131.44 103 009-390-12
104-13 $131.44 104 009-390-13
104-14 $131.44 105 009-390-14
104-15 $131.44 106 009-390-15
104-16 $131.44 107 009-390-16
104-17 $131.44 108 009-390-17
104-18 $131.44 109 009-390-61
104-19 $131.44 110 009-390-19
104-20 $131.44 111 009-390-20
104-21 $131.44 112 009-390-21
104-22 $131.44 113 009-390-22
104-23 $131.44 114 009-390-23
104-24 $131.44 115 009-390-24
104-25 $131.44 116 009-390-25
104-26 $131.44 117 009-390-26
104-27 $131.44 118 009-390-27
104-28 $131.44 119 009-390-28
104-29 $131.44 120 009-390-29
104-30 $131.44 121 009-390-30
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
104-31 $131.44 122 009-390-31
104-32 $131.44 123 009-390-63
104-33 $131.44 124 009-390-51
104-34 $131.44 125 009-390-34
104-35 $131.44 126 009-390-35
104-36 $131.44 127 009-390-36
104-37 $131.44 128 009-390-37
104-38-1 $0.00 Parcel B & Lots 128E, 129E,
132E, 133E & 134E
009-390-64
104-39 $131.44 129 009-390-39
104-41 $131.44 130 009-390-41
104-42 $131.44 131 009-390-42
104-43 $131.44 132 009-390-43
104-45-1 $131.44 133 009-390-65
104-47-1 $131.44 134 009-390-59
104-49 $0.00 Parcel D 009-390-49
104-51-1 $131.44 135 009-411-01
104-51-2 $131.44 136 009-411-02
104-51-3 $131.44 137 009-411-03
104-51-4 $131.44 138 009-411-04
104-51-5 $131.44 139 009-411-05
104-51-6 $131.44 140 009-411-06
104-51-7 $131.44 141 009-411-07
104-51-8 $131.44 142 009-411-08
104-51-9 $131.44 143 009-411-09
104-51-10 $131.44 144 009-411-10
104-51-11 $131.44 145 009-411-11
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
104-51-12 $131.44 146 009-411-12
104-51-13 $0.00 Parcel F 009-411-13
104-51-14 $131.44 147 009-412-01
104-51-15-1 $0.00 Lots 147E, 148E, 149E, 150E,
151E, 152E & 155E
009-412-20
104-51-16 $131.44 148 009-412-03
104-51-18 $131.44 149 009-412-05
104-51-20 $131.44 150 009-412-07
104-51-22 $131.44 151 009-412-09
104-51-24 $131.44 152 009-412-11
104-51-26 $131.44 153 009-412-13
104-51-27 $131.44 154 009-412-14
104-51-28 $131.44 155 009-412-15
104-51-30 $131.44 156 009-412-17
104-51-31 $0.00 156E 009-412-18
104-51-32 $0.00 Parcel G 009-412-19
104-51-33 $0.00 Portion of Parcel O 009-400-03
104-51-34-1 $131.44 157 009-420-45
104-51-34-2 $0.00 157E 009-420-46
104-51-35-1 $131.44 158 009-420-47
104-51-35-2 $0.00 158E 009-420-48
104-51-36-1 $131.44 159 009-420-49
104-51-36-2 $0.00 159E 009-420-50
104-51-37-1 $131.44 160 009-420-51
104-51-37-2 $0.00 160E 009-420-52
104-51-38-1 $131.44 161 009-420-53
104-51-38-2 $0.00 161E 009-420-54
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
104-51-39-1 $131.44 162 009-420-55
104-51-39-2 $0.00 162E 009-420-56
104-51-40-1 $0.00 Parcels H & I & Lots 163E,
164E, 167E, 168E, 169E,
170E & 171E
009-420-71
104-51-41-1 $131.44 163 009-420-57
104-51-42-1 $131.44 164 009-420-59
104-51-43 $131.44 165 009-420-10
104-51-44 $131.44 166 009-420-11
104-51-45-1 $131.44 167 009-420-61
104-51-46-1 $131.44 168 009-420-63
104-51-47-1 $131.44 169 009-420-65
104-51-48-1 $131.44 170 009-420-67
104-51-49-1 $131.44 171 009-420-69
104-51-51 $131.44 172 009-420-17
104-51-52 $131.44 173 009-420-18
104-51-53 $131.44 174 009-420-19
104-51-54 $131.44 175 009-420-20
104-51-55 $131.44 176 009-420-21
104-51-56 $131.44 177 009-420-22
104-51-57 $131.44 178 009-420-23
104-51-58 $131.44 179 009-420-24
104-51-59 $131.44 180 009-420-25
104-51-60 $131.44 181 009-420-26
104-51-61 $131.44 182 009-420-27
104-51-62 $131.44 183 009-420-28
104-51-63 $131.44 184 009-420-29
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2022-2023)

PROPERTY

DESCRIPTION
Baypoint Lagoons

ASSESSOR'S
PARCEL
NUMBER
104-51-64 $131.44 185 009-420-30
104-51-65 $131.44 186 009-420-31
104-51-66 $131.44 187 009-420-32
104-51-67 $131.44 188 009-420-33
104-51-68 $131.44 189 009-420-34
104-51-69 $131.44 190 009-420-35
104-51-70 $131.44 191 009-420-36
104-51-71 $131.44 192 009-420-37
104-51-72 $131.44 193 009-420-38
104-51-73 $131.44 194 009-420-39
104-51-74 $131.44 195 009-420-40
104-51-75 $131.44 196 009-420-41
104-51-76 $131.44 197 009-420-42
104-51-77 $131.44 198 009-420-43
105 $0.00 Parcel P 009-010-34
106 $0.00 Parcel Q 009-010-35
TOTAL

ASSESSMENT
$25,367.92 (For Twenty-Seventh Year)
The lines and dimensions of each parcel are as shown on the maps of the County Assessor of the County of Marin.

Property descriptions are lot or parcel numbers as shown on the recorded final maps of Baypoint Lagoons, recorded: in Book 20 of Maps at Page 80, and Book 21 of Maps at Page 34, Book 21 of Maps at Page 55, and Record Maps Book 1998 at Page 99, Marin County Records.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx There are 193 single family dwelling units existing within the Assessment District boundary. (NOTE: This is a reduction from 207 originally included. The reduction is based on the actual number of lots recorded and is appropriate.)
Subdivision Phase I consists of 89 lots, of which lot 20 anticipates low cost housing (not single family) and lots 1 through 19 and 21 through 89 anticipates one single family dwelling unit each.

Subdivision Phase II consists of 41 lots and anticipates one single family dwelling unit each.

Subdivision IIIa consists of 22 lots and anticipates one single family dwelling unit each.

Subdivision IIIb consists of an additional 42 units, one single family dwelling unit each.

The “Remaining” 12 lots were not created and have been removed from the assessment.

The number of single family dwelling units is:

Phase I......................................................................................... 88 Phase II....................................................................................... 41 Phase IIIa.................................................................................... 22 Phase IIIb ................................................................................... 42 TOTAL: ......................................................................................193 Each of the single family dwelling unit lots are assessed for equal portions of the total assessment.

This assessment is exempt from the procedures and requirements of the (recently enacted Proposition 218) California Constitution, Article 13D, Section 4 pursuant to the exemption contained in Article 13D, Section 5(d) [previously majority voter approval or] Section 5(b) [petition signed by persons owning all the property]. The benefits are entirely special benefits and there are no general benefits. Additionally, the proposed assessment is the same assessment as last year.

Assessment Parcels 1 through 19, 21 through 89, 104-3 through 104-11-1, 104-12 through 104-37, 104-39 through 104-47-1, 104-51-1 through 104-51-12, 104-51-14, 104-51-16, 104-51-18, 104-51- 20, 104-51-22, 104-51-24, 104-51-26 through 104-51-28, 104-51-30, 104-51-34-1, 104-51-35-1, 104- 51-36-1, 104-51-37-1, 104-51-38-1, 104-51-39-1, 104-51-41-1 through 104-51-77 are each assessed 1/193 of the total assessment.

Assessment Parcels 20-1 and 20-2, 90 through 104-1,104-38-1, 104-49, 104-51-13, 104-51-15-1, 104-51-31 through 104-51-33, 104-51-34-2, 104-51-35-2, 104-51-36-2, 104-51-37-2, 104-51-38-2, 104-51-39-2, 104-51-40-1, 105 and 106 each have zero ($0.00) assessment.

The following changes were made to the Assessment Rolls and Assessment Diagram in the 2004- 2005 Baypoint Lagoons Annual Engineer’s Report due to Mapping Changes at the Marin County Assessor's Office:

On May 6, 2005 our office contacted the Marin County Assessor's Office due to obvious changes to the Assessor's Parcel Maps for the Baypoint Lagoons development. According to information --
PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

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P:\Shared\Projects\Legacy\Novato\04\490000\DOC\2022-2023\2022-06-01 Baypoint Lagoons Annual Engineer's Report (4.900.00).docx received from Mapping Department staff, in calendar year 2004 several Applications for Parcel Merger were received by the County of Marin from representatives of Baypoint Lagoons Homeowners Association. The following parcels were affected by the Parcel Merger Applications:

Assessment Numbers 91, 95, 101 and 102, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-361-24 by the Marin County Assessor's Office.

Assessment Number 91 has been changed to 91-1 and reflects the new APN. Assessment Numbers 95, 101 and 102 have been removed from Parts C and E of this Report.

Assessment Numbers 92, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 and 119, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-362-49 by the Marin County Assessor's Office. Assessment Number 92 has been changed to 92-1 and reflects the new APN. Assessment Numbers 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 and 119 have been removed from Parts C and E of this Report.

Assessment Numbers 96, 97, 98, 120, 121, 122, 123 and 124, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-362-23 by the Marin County Assessor's Office. Assessment Number 96 has been changed to 96-1 and reflects the new APN. Assessment Numbers 97, 98, 120, 121, 122, 123 and 124 have been removed from Parts C and E of this Report.

Assessment Numbers 99, 100 and 104-2, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-372-28 by the Marin County Assessor's Office. Assessment Number 99 has been changed to 99-1 and reflects the new APN. Assessment Numbers 100 and 104-2 have been removed from Parts C and E of this Report.

Assessment Numbers 104-38, 104-40, 104-44, 104-46, 104-47-2, 104-48, 104-48-1 and 104-50, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-390-64 by the Marin County Assessor's Office. Assessment Number 104-38 has been changed to 104-38-1 and reflects the new APN. Assessment Numbers 104-40, 104-44, 104-46, 104-47-2, 104-48 and 104-50 have been removed from Parts C and E of this Report.

Assessment Numbers 104-51-15, 104-51-17, 104-51-19, 104-51-21, 104-51-23, 104-51-25 and 104-51-29, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-412-20 by the Marin County Assessor's Office. Assessment Number 104-51-15 has been changed to 104-51-15-1 and reflects the new APN. Assessment Numbers 104-51-17, 104-51- 19, 104-51-21, 104-51-23, 104-51-25 and 104-51-29 have been removed from Parts C and E of this Report.

Assessment Numbers 104-51-40, 104-51-41-2, 104-51-42-2, 104-51-45-2, 104-51-46-2, 104-51- 47-2, 104-51-48-2, 104-51-49-2 and 104-51-50, all zero ($0.00) assessment parcels, were merged into a single parcel assigned APN 009-420-71 by the Marin County Assessor's Office.

Assessment Number 104-51-40 has been changed to 104-51-40-1 and reflects the new APN.

Assessment Numbers 104-51-41-2, 104-51-42-2, 104-51-45-2, 104-51-46-2, 104-51-47-2, 104- 51-48-2, 104-51-49-2 and 104-51-50 have been removed from Parts C and E of this Report.

PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1 009-361-06
2 009-361-05
3 009-361-04
4 009-361-03
5 009-361-02
6 009-361-08
7 009-361-09
8 009-361-10
9 009-361-11
10 009-361-12
11 009-361-17
12 009-361-16
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
13 009-361-15
14 009-361-14
15 009-361-13
16 009-361-19
17 009-361-20
18 009-361-21
19 009-361-22
20-1 009-371-02
20-2 009-371-03
21 009-372-01
22 009-372-02
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
23 009-372-03
24 009-372-04
25 009-372-05
26 009-372-06
27 009-372-07
28 009-372-08
29 009-372-09
30 009-372-10
31 009-372-11
32 009-372-12
33 009-372-13
34 009-372-14
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
35 009-372-15
36 009-372-26
37 009-372-27
38 009-372-25
39 009-372-24
40 009-372-23
41 009-372-22
42 009-372-21
43 009-372-20
44 009-372-18
45 009-372-19
46 009-362-03
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
47 009-362-04
48 009-362-05
49 009-362-13
50 009-362-12
51 009-362-14
52 009-362-15
53 009-362-16
54 009-362-17
55 009-362-18
56 009-362-19
57 009-362-20
58 009-362-21
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
59 009-362-10
60 009-362-09
61 009-362-06
62 009-362-22
63 009-362-25
64 009-362-26
65 009-362-30
66 009-362-31
67 009-362-32
68 009-362-33
69 009-362-34
70 009-362-29
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
71 009-362-35
72 009-362-38
73 009-362-39
74 009-362-42
75 009-362-43
76 009-362-46
77 009-373-11
78 009-373-14
79 009-373-15
80 009-373-18
81 009-373-19
82 009-373-01
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
83 009-373-02
84 009-373-03
85 009-373-04
86 009-373-08
87 009-373-07
88 009-373-06
89 009-373-05
90 009-010-34
91-1 009-361-24
92-1 009-362-49
93 009-362-11
94-1 009-362-47
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
94-2 009-373-22
96-1 009-373-23
99-1 009-372-28
103 009-010-31
104-1 009-390-01
104-3 009-390-03
104-4 009-390-04
104-5 009-390-05
104-6 009-390-06
104-7 009-390-07
104-8 009-390-08
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-9 009-390-09
104-10 009-390-10
104-11-1 009-390-66
104-12 009-390-12
104-13 009-390-13
104-14 009-390-14
104-15 009-390-15
104-16 009-390-16
104-17 009-390-17
104-18 009-390-61
104-19 009-390-19
104-20 009-390-20
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-21 009-390-21
104-22 009-390-22
104-23 009-390-23
104-24 009-390-24
104-25 009-390-25
104-26 009-390-26
104-27 009-390-27
104-28 009-390-28
104-29 009-390-29
104-30 009-390-30
104-31 009-390-31
104-32 009-390-63
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-33 009-390-51
104-34 009-390-34
104-35 009-390-35
104-36 009-390-36
104-37 009-390-37
104-38-1 009-390-64
104-39 009-390-39
104-41 009-390-41
104-42 009-390-42
104-43 009-390-43
104-45-1 009-390-65
104-47-1 009-390-59
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-49 009-390-49
104-51-1 009-411-01
104-51-2 009-411-02
104-51-3 009-411-03
104-51-4 009-411-04
104-51-5 009-411-05
104-51-6 009-411-06
104-51-7 009-411-07
104-51-8 009-411-08
104-51-9 009-411-09
104-51-10 009-411-10
104-51-11 009-411-11
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-12 009-411-12
104-51-13 009-411-13
104-51-14 009-412-01
104-51-15-1 009-412-20
104-51-16 009-412-03
104-51-18 009-412-05
104-51-20 009-412-07
104-51-22 009-412-09
104-51-24 009-412-11
104-51-26 009-412-13
104-51-27 009-412-14
104-51-28 009-412-15
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-30 009-412-17
104-51-31 009-412-18
104-51-32 009-412-19
104-51-33 009-400-03
104-51-34-1 009-420-45
104-51-34-2 009-420-46
104-51-35-1 009-420-47
104-51-35-2 009-420-48
104-51-36-1 009-420-49
104-51-36-2 009-420-50
104-51-37-1 009-420-51
104-51-37-2 009-420-52
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-38-1 009-420-53
104-51-38-2 009-420-54
104-51-39-1 009-420-55
104-51-39-2 009-420-56
104-51-40-1 009-420-71
104-51-41-1 009-420-57
104-51-42-1 009-420-59
104-51-43 009-420-10
104-51-44 009-420-11
104-51-45-1 009-420-61
104-51-46-1 009-420-63
104-51-47-1 009-420-65
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-48-1 009-420-67
104-51-49-1 009-420-69
104-51-51 009-420-17
104-51-52 009-420-18
104-51-53 009-420-19
104-51-54 009-420-20
104-51-55 009-420-21
104-51-56 009-420-22
104-51-57 009-420-23
104-51-58 009-420-24
104-51-59 009-420-25
104-51-60 009-420-26
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-61 009-420-27
104-51-62 009-420-28
104-51-63 009-420-29
104-51-64 009-420-30
104-51-65 009-420-31
104-51-66 009-420-32
104-51-67 009-420-33
104-51-68 009-420-34
104-51-69 009-420-35
104-51-70 009-420-36
104-51-71 009-420-37
104-51-72 009-420-38
PART E

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part E – Assessment Roll)

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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
104-51-73 009-420-39
104-51-74 009-420-40
104-51-75 009-420-41
104-51-76 009-420-42
104-51-77 009-420-43
106 009-010-35
PART F

ASSESSMENT DIAGRAM

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____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.n
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin
Director of Public Works
City Manager Approval: ________
TOPIC: POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT

DISTRICT
SUBJECT: POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT ANNUAL ASSESSMENT:

1. RESOLUTION DIRECTING FILING OF ENGINEER'S 2022-23 ANNUAL REPORT

2. RESOLUTION APPROVING ENGINEER'S 2022-23 ANNUAL REPORT

3. RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING A

PUBLIC HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 5, 2022.

RECOMMENDATION: Staff recommends that the City Council approve the following:

1. Adopt a resolution directing filing of Engineer’s FY 2022-23 Annual Report.

2. Adopt a resolution approving Engineer’s FY 2022-23 Annual Report.

3. Adopt a resolution of intention to order improvement and setting a public hearing on the annual assessment for the City Council meeting of July 5, 2022.

BACKGROUND: In order to comply with provisions of the Landscaping and Lighting Act of 1972, which governs this assessment district, the City Council must approve an Engineer’s report for the Point San Pedro Median Landscaping Assessment District on an annual basis. Assessments to be collected by the District will be allocated and levied annually after a public hearing, to be held this year on July 5, 2022.

In 2011, the Point San Pedro Road Median Landscaping District was formed to generate revenue to reconstruct, repair, and maintain the 29 median islands along Point San Pedro Road, from Union Street to Biscayne Drive. While the medians themselves are located within the San Rafael City limits, there are pockets of unincorporated County of Marin regions served by Point San Pedro Road, and therefore both the City and the County have a vested interest and responsibility in the medians. The original medians were constructed half a century ago, but over time their SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
infrastructure eventually decayed to the point of needing replacement. Moreover, due to significant staffing and budgetary cut-backs, landscaping maintenance for the medians prior to the formation of the assessment district had been reduced to vegetation trimming to control overgrowth. Over time, existing plants and irrigation infrastructure had deteriorated significantly to the point that very little of the original landscaping remained, other than some of the trees and vegetation that were able to survive with little water.

As a result, a group of property owners in close proximity to Point San Pedro Road (both within the City limits of the City of San Rafael and in the immediate contiguous unincorporated area of the County of Marin) organized an effort to form an assessment district to fund the capital costs associated with re-construction and restoration of the landscaping within the Point San Pedro Road medians, as well as the ongoing maintenance and operation of those improvements. As a part of the formation of the assessment district, the City of San Rafael and unincorporated portions of the County of Marin entered into a Memorandum of Understanding (MOU) in which the City of San Rafael was designated as the lead agency.

Since the formation of the district, the City has worked closely with several community members on the Point San Pedro Road Coalition’s Roadway Committee who have assisted not only in recommendations and oversight of the medians, but have served as key community liaisons between the City and the residents within the Assessment District. These community members have served as the “citizen’s oversight” committee for the district. Department of Public Works (DPW) Staff routinely meet with these representatives and provides updates on maintenance of the medians and takes in feedback from the residents in the area. DPW staff also work closely with those community members on key decisions on financial planning for the assessment district.

ANALYSIS: The annual assessment has two components:

1. Capital debt service assessment
This amount is to finance the debt service associated with the large capital costs of reconstructing the medians in 2014. The total project cost was $1,703,245, which included expenditures for design, construction, and construction management. The total amount bonded for the capital portion of the district was $1,750,000.

The total annual debt service payment for the assessment district is outlined in the 20- year debt service schedule in the Annual Engineer’s Report. The average annual debt service is $144,942. When the district was formed, residents were given the option to prepay the capital portion of the assessment, and some residents chose this option.

2. Operations and maintenance assessment
This portion of the assessment is intended to fund the annual operations and maintenance portion of the assessment district. Operations and maintenance costs include:
• Monthly contractual maintenance for all 29 medians
• Landscaping repairs and plant replacement
• Irrigation system maintenance and repairs
• Utilities (water and electricity)
• Financial services for administration of assessment district (Engineer’s report) • Annual fee charged by County of Marin Assessors’ Office for collection of assessments
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Total operation and maintenance costs for FY 2022-23 is projected to be $199,994.

The Assessment District therefore has two funds: An Operation and Maintenance Reserve Fund and a Capital & Debt Service Reserve Fund. The estimated Year End Fund balances are as follows:

Fund 6-30-22 Fund Balance
(Projected)
Operation and Maintenance
Reserve Fund #234
$144,388.68
Capital & Debt Service
Reserve Fund #714
$221,000.00
The fund balance in the Operations and Maintenance Reserve Fund #234 may be used for regular maintenance activities and for broader improvements. The Capital and Debt Service Reserve Fund #714 is restricted for capital improvements related to the initial reconstruction of the medians.

From FY 2013-14 to FY 2017-18, the total annual assessment stayed flat at $79.48. While the assessment stayed flat, the revenue generated did not keep up with the actual operations and maintenance costs for the 29 medians. The revenue generated under the $79.48 assessment for operation and maintenance costs was $82,814 while the actual operational cost was closer to $110,150. Year after year, the difference was made up by steady use of a modest Operation and Maintenance Fund balance. Though there was the ability to increase the total assessment by 3% each year, the City did not elect to bring forward an increase in prior years, due to input from the citizen’s oversight committee (“committee”). The City and committee agreed to first get a better handle on issues and actual costs associated with maintaining the relatively new medians to a standard that meets the community’s expectations, prior to pursuing an increase.

In recent years, the City and the committee have made considerable progress on resolving community concerns regarding maintenance expectations of the medians. Since FY 2018-19, the City and committee have agreed on the need to raise the assessment annually up to the maximum allowable rate in order to bring the revenues generated from the annual assessment closer to the actual annual maintenance costs for the 29 medians.

While the District has reduced the gap between the revenue generated and expenses, there remains a shortfall. Per the District formation documents, annual assessments can be increased up to 3% or the value of the Consumer Price Index (CPI), whichever is greater. The CPI as of February 28, 2022 for the San Francisco-Oakland-Hayward region, of which San Rafael derives its inflation calculation, stood at 5.2%. Therefore, the City and committee are recommending a rate increase of 5.2% to be applied for FY 2022-23. This increase in revenue will offset the increased costs for maintenance and utilities (mostly water and electricity) for the District.

The assessment proposed for FY 2022-23 is the maximum allowable rate of $108.12 (considering the allowed increase of the greater of local area CPI of 5.2% for FY 2022-23). The assessment district does not need to return to the voters of the assessment district for approval of the increase per Proposition 218.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The FY 2022-23 assessment is composed of:

Debt Service Assessment (Not Prepaid)** $55.52 per EBU* Non-Bonded Assessment (annual
Operation and Maintenance costs)
$52.60 per EBU*
Total FY 2022-23 Assessment $108.12 per EBU*
*EBU = Equivalent Benefit Unit method of assessment apportionment establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of the basic unit. Details for how the EBU applies to other land uses, such as apartments and businesses, is outlined in the Engineer’s Report. ** When the assessment district was first established property owners were allowed to pay a prepayment for the improvement cost. Parcels that have prepaid or paid off their full assessment lien (bonded obligation) are no longer levied for the Debt Service Assessment, but will continue to pay their proportionate share of the Non-Bonded Operation and Maintenance Assessment.

A four-year history of assessments is as follows:

FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23
(proposed)
Total Assessment $83.98 $96.88 $99.79 $102.78 $108.12
% Increase over prior year 6%** 15%** 3% 3% 5.2%
Operations & Maintenance
Revenue Generated*
$124,284 $129,551 $138,613 $150,107 $164,514
*Each year about 4% of assessments are uncollected, and therefore annual revenues are always slightly lower than anticipated
**The increases in FY 2018-19 and FY 2019-20 assessments were greater than 3% due to “catch up” increases allowed from prior years when the assessment was not increased.

The total proposed increase over last year’s rate is $5.34. The revenue generated from this increase will be used entirely to support operation and maintenance costs of the district.

Operations and Maintenance Budget FY 2022-23
Monthly contractual maintenance $83,786
Landscaping Rehabilitation/Repair $11,500
Irrigation repairs $11,500
Utilities (Water + Electricity) $45,000
Engineer’s Report $11,200
County Fee $9,000
Total $171,986
This table and others can be found in the attached Engineer’s report. It is important to note that all Point San Pedro Road Median Landscaping Assessment District fees collected are legally restricted for use on the Point San Pedro medians and cannot be used for any other purpose.

It should also be noted that the budget for irrigation has been increased significantly for FY 2022-

23. Marin Municipal Water District (MMWD) has notified the City that due to current drought conditions, the utility costs of irrigation, especially for high-water needs landscaping like that in SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
place in the Pt. San Pedro medians, will increase significantly in coming years. Additionally, the irrigation system in place for the medians is extensive in length and highly complex. The financial cost associated with any leaking irrigation infrastructure will also be much higher in coming years due to the drought compared to previous years.

Knowing the shifting climate conditions, and that future drought years are likely, the committee will be working closely with the City staff to plan for strategic replacement of high-water needs plants with more drought-tolerant landscaping. As replanting is needed and funds are available, the committee will assist in selecting drought resist vegetation consistent with the comprehensive landscaping plans for the medians.

FISCAL IMPACT: All operation and maintenance reserve fund revenues and expenses are contained within the Point San Pedro Road Median Assessment District Fund (fund no. 234). All debt service revenues and expenses are contained within the Point San Pedro Road Median Assessment District Fund #714.

The Public Works Department does incur General Fund staff costs for personnel who execute and manage the landscaping maintenance contract. There are also staff costs associated with budgetary and financial management of the assessment district and coordination with the consultant who prepares the annual Engineer’s report. Per the MOU from 2011, the City has agreed to offset the City staff time associated with maintaining the assessment district as a City contribution to the assessment district, at an approximate cost of $15,060. For FY 2022-23, the bond value reduction is expected to reduce by approximately one percent of the value of total funds, at cost of approximately $3,328. The County makes an annual financial payment to the Assessment district as their contribution to the cross-jurisdictional district. For FY 2022-23, the County payment will be $8,845.02, which will be deposited into the district’s Operations and Maintenance fund.

COMMUNITY OUTREACH: The City continues to work closely with several community representatives of the Pt. San Pedro Road Coalition Roadway Committee who have served as the Citizen’s Oversight committee for the district.

The committee is in frequent and direct communication with the Public Works Department Parks Supervisor who manages the median’s landscaping contractor. The committee has been a great partner to the City; serving as the liaison to the community in relaying concerns and reporting issues when they arise, as community members are often the first eyes on issues with the medians. The committee also receives a weekly report from the maintenance contractor of work done on the medians, and routinely utilizes it to respond to inquiries from residents.

Each spring, the City meets with committee members specifically to review the financials of the district and discuss various strategies to ensure that the district remains financially solvent over time.

After this meeting, the Committee members post an annual note to the community via NextDoor and the Pt. San Pedro Road Coalition website updating residents on the district’s financial situation and maintenance priorities.

OPTIONS:

The City Council has the following options to consider relating to this item:

1. Adopt the three resolutions as presented.

2. Provide direction to staff to modify any or all of the resolutions.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6

3. Do not adopt the resolutions. If the resolutions are not adopted by the City Council, the public hearing will not take place and the City will be unable to levy the annual assessment against property owners within the Assessment District.

RECOMMENDED ACTION:

1. Adopt a resolution directing filing of Engineer’s FY 2022-23 Annual Report.

2. Adopt a resolution approving Engineer’s FY 2022-23 Annual Report.

3. Adopt a resolution of intention to order improvement and setting a public hearing on the annual assessment for the City Council meeting of July 5, 2022.

ATTACHMENTS:

1. Resolution Directing Filing of Engineer’s Annual report FY 2022-23

2. Resolution Approving Engineer’s Annual Report FY 2022-23

3. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council meeting of July 5, 2022

4. Engineer’s Annual Report FY 2022-23 (hyperlinked)
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DIRECTING
FILING OF ENGINEER’S ANNUAL REPORT FY 2022-23

POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)
_________________________________________________
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that:

1. CSW/Stuber-Stroeh Engineering Group, Inc. is designated by this Council as the Engineer of Work for the Point San Pedro Road Median Landscaping Assessment District, City of San Rafael, Marin County, California, and is hereby directed to file with the City Clerk an annual report for fiscal year 2022-23 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

2. This resolution is adopted pursuant to Section 22622 of the Streets and Highways Code.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
ENGINEER’S ANNUAL LEVY REPORT FY 2022-23

1. CSW/Stuber-Stroeh Engineering Group, Inc., as designated Engineer of Work for Point San Pedro Road Median Landscaping Assessment District, has filed with the City Clerk an Engineer’s Annual Levy Report for fiscal year 2022-23 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

2. The aforementioned Engineer’s Annual Levy Report, on file with the City Clerk, is approved as filed.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
1 RESOLUTION NO.

SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER

IMPROVEMENTS AND SETTING A PUBLIC HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 5th, 2022

POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)
___________________________________________________________ THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that:

1. The City Council intends to levy and collect assessments within the Point San Pedro Road Median Landscaping Assessment District, City of San Rafael, Marin County, California, during the fiscal year 2022-23. The area of land to be assessed is located in the City of San Rafael, Marin County.

3. The proposed assessment increases the assessment $2.99 from the previous year, from $102.78 to $108.12 per EBU (Equivalent Benefit Unit), which is the maximum allowable assessment amount for FY 2022-23.

4. On Tuesday, the 5th of July, 2022 at the hour of 7:00 o’clock P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held live at the San Rafael City Council Chambers and virtually through Zoom at the webinar location listed on the agenda online 2 at https://www.cityofsanrafael.org/departments/public-meetings/, as well as being streamed to YouTube at www.youtube.com/cityofsanrafael.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
Attachment 4 - Engineer’s Annual Report FY 2022-23
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2022/06/2022- 06-01-PSP-Assessment-District-Annual-Engineers-Report-2019-10-018-2022-5-20- redacted-6-1.pdf
Agenda Item 6.a

PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

PROCLAIMING THE MONTH-LONG CELEBRATION OF
LGBTQ+ PRIDE MONTH IN JUNE
WHEREAS, the City of San Rafael recognizes and proclaims the month of June 2022 as "Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month"; and WHEREAS, in honor of the 1969 Stonewall Riots in Manhattan, led by trans women of color, and the subsequent first Pride March in New York City in June 1970, each June, Americans come together to celebrate LGBTQ+ people; and
WHEREAS, the City of San Rafael has a diverse LGBTQ+ community and is committed to supporting visibility, dignity, and equity for all people in the community; and WHEREAS, the City of San Rafael observes June as a time to celebrate our dynamic LGBTQ+ community, raise awareness of quality services, and foster a dialogue to promote healthy, safe, and prosperous school climates and communities for all; and WHEREAS, LGBTQ+ individuals continue to face hate, discrimination and persistent efforts to undermine their human rights in the US and worldwide, and face higher rates of depression and suicide than any other demographic subset, particularly among the trans community; and
WHEREAS, LGBTQ+ people make vital contributions to and enhance the social and economic fabric of San Rafael in the fields of education, law, health, business, science, research, economic development, architecture, fashion, sports, government, music, film, technology, literature, civil rights, politics, and more; and WHEREAS, because of the acts of courage of the millions who came out and spoke out to demand justice, and of those who still fight and push for progress, our community continues to work towards a society in which the LGBTQ+ community can be seen, safe and live with dignity.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael recognizes June as “Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month” in the City of San Rafael to inspire equity, create alliances, celebrate diversity, and establish safe environments in our schools and communities throughout the City.

BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael fully supports the rights, freedoms, and equal treatment of lesbian, gay, bisexual, transgender, and queer people; and to unequivocally show this support, directs staff to fly the Progress Pride Flag at City Hall for the entirety of the month of June.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of San Rafael to be affixed this 6h day of June, in the year two thousand and twenty-two.

Kate Colin
Mayor
Agenda Item 6.b
City of San Rafael
Proclamation Commemorating
Juneteenth
WHEREAS, Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States; and
WHEREAS, Juneteenth was originally celebrated in Texas, on June 19, 1866. It marked the first anniversary of the day that African Americans there first learned of the Emancipation Proclamation, more than two years after it was initially issued; and
WHEREAS, Juneteenth celebrations are a tribute to those African Americans who fought so long for freedom and worked so hard to make the dream of equality a reality; and
WHEREAS, these celebrations are a time for reflection and rejoicing and to celebrate African American culture and achievements through prayer and religious services, speeches, educational events, family gatherings and picnics, and festivals with food, music, and dancing; and
WHEREAS, the City of San Rafael embraces diversity, equity and inclusion and believes that all are valued and welcomed.; and
WHEREAS, we urge our community to join in celebrating Juneteenth as a day to honor and reflect on the significant role that African Americans have played in the history of the United States and how they have enriched society through their steadfast commitment to promoting unity and equality; and WHEREAS, On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day act, declaring the first federal holiday since Martin Luther King Jr. Day in 1983; and
WHEREAS, the City of San Rafael, its elected officials and our employees acknowledge the significance of this day and the importance of Black culture, resilience, and achievements in our country’s history.

NOW, THEREFORE, BE IT RESOLVED that, effective June 2022, Juneteenth is proclaimed as an official holiday for the City of San Rafael in observance of the emancipation of enslaved persons in the United States and the City reaffirms its commitment to safeguard the civil rights, safety, and dignity of all its residents.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 7.a
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ________
TOPIC: SPECIAL TAX ON PROPERTIES AT LOCH LOMOND 10 - MELLO-ROOS DISTRICT NO. 1992-1
SUBJECT: RESOLUTION SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10) FOR FISCAL YEAR 2022-23 RECOMMENDATION:

Adopt a resolution setting the special tax rates for Fiscal Year 2022-23 for Community Facilities District No. 1992-1 (Loch Lomond 10).

BACKGROUND: Loch Lomond 10 is a community facilities district (commonly referred to as a “Mello-Roos”) located on the Pt. San Pedro Peninsula, north of Point San Pedro Road. The community facilities district comprises 28 home parcels, and one open space parcel which borders China Camp State Park open space.

The community facilities district was formed in the
early 1990s when the area was developed. The
District was formed, in part, to provide funding to
mitigate the drainage impacts and concerns of the
development on the surrounding Loch Lomond
community. This was extensively documented in the
Environmental Impact Review (EIR) documents,
comments, and subsequent approvals for the original
subdivision. The final conditional approval of Loch
Lomond 10 required the District to be formed. The
District was created to have three funds of money with
which to maintain and operate the storm drain system
and insure against damage from potential landslides.

These functions were defined in the formation of
Community Facilities District No. 1992-1 and passed
by resolution #8839 by the City Council on March 1,
1993. The three funds and purposes are as follows:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

1. Self-Insurance Fund: Provides a fund balance of $500,000 plus accumulated interest to cover the deductible amount of the City’s insurance should a landslide occur in the watershed above the District.

2. Sinking Fund: Provides for long term capital replacement of drainage infrastructure and facilities as the original may fall into disrepair.

3. Maintenance Fund: Provides for maintaining drainage facilities within the Loch Lomond 10 boundary to include annual cleaning of drainage structures, monitoring structures during storm events, and cleaning facilities as required during storm events.

Since the early 1990s, the Finance Department has brought forward the levying of this annual special tax to City Council in the spring. The annual special tax collected is divided in the three distinct funds; a portion of the special tax went to the Self-Insurance Fund, the Sinking Fund, and the Maintenance Fund. The Self-Insurance fund portion of the special tax was $1,852 per parcel annually until the $500,000 balance was achieved in FY 2004-05, and thereafter, the annual special tax for the Self-Insurance fund was $0.

An overview of recent assessments for the district are as follows:

SelfInsurance
Fund
Sinking Fund Maintenance
Fund
FY 2016-17* Assessment $0 $143 $435
Total revenue $0 $3,861 $11,745
FY 2017-18* Assessment $0 $143 $435
Total revenue $0 $3,861 $11,745
FY 2018-19** Assessment $0 $0 $0
Total revenue $0 $0 $0
FY 2019-20 Assessment $0 $171 $622
Total revenue $0 $3,538 $16,791
FY 2020-21 Assessment $0 $174 $661
Total revenue $0 $4,701 $17,857
FY 2021-22 Assessment $0 $178 $709
Total revenue $0 $4,795 $19,148
FY 2022-23
(proposed)
Assessment $0 $181.14 $867
Total revenue $0 $4,890.78 $23,417.64
*While the Sinking Fund and Maintenance Fund have an allowable annual inflationary factor (increase), the rates of $143 and $435 were held flat from FY 2011-12 to FY 2017-18. **In late 2017, the Homeowners Association Board of Loch Lomond Highlands requested the City review historical expenditures and provide an accounting of the finances of the Loch Lomond 10 community facilities district, as well as conduct a thorough review of the purpose and allowable expenditures of the three district funds. Due to the ongoing nature of the research at the time FY 2018-19 assessments would have been levied, it was decided that there would be no special tax levied in spring 2018 for FY 2018-19.

Applying the allowable 2% inflationary factor to the Sinking Fund Assessment brings the FY 2022- 23 Assessment from $178 to $181.14. Applying the allowable personal income index inflationary factor for San Francisco area to the Maintenance Fund Assessment brings the FY 2022-23 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
assessment from $709 to $867. See Attachment 2 for Sinking Fund and Maintenance Fund calculations.

In late 2017, the Homeowners Association Board of Loch Lomond Highlands requested that the City review historical expenditures and provide an accounting of the finances of the Loch Lomond 10 community facilities district, as well as conduct a thorough review of the purpose and allowable expenditures of the three district funds.

Since that time, the City and homeowners have worked together on a Maintenance Manual and annual maintenance plan for the district. The City sends the Homeowners Association regular reports and updates on maintenance activities in the district, and the HOA provides the City feedback and direction on where they would like maintenance activities directed.

ANALYSIS: In FY 2021-22, the district generated $22,557.96 in funds to be utilized for allowable maintenance purposes within the Loch Lomond #10 Maintenance District. The funds were utilized as follows:

FY 2021-22 Maintenance Activity Amount
County Admin Fee $54.00
City provided services (July 2021 – April 2022) $8,544.00 Vegetation Management (May 2022 – June 2022) $10,500.00 Total $19,098.00
The $8,544 in City provided services costs represents only a portion of the actual cost of Public Works Streets Maintenance staff maintaining the district during FY 2021-22. In addition to the typical pre-storm inspection and clearing of catch basins, staff spent several days in August 2021 with Ad-Lite Craning Services clearing debris from the upper and lower Las Casas drainage basins within the district, removing several tons of debris. Throughout the storm season DPW staff patrolled, inspected and cleared drainage basins within the district to ensure the system continued to flow properly to the downhill drainage infrastructure.

It is important to note the City may only seek reimbursement for staff time from the special district based on what is available in the Maintenance Fund. The balance of the maintenance fund will be used by City staff during May and June 2022 to complete an additional $10,500 of vegetation management services. Annually, the Loch Lomond #10 Maintenance Fund balance ends the year at $0. The City’s General Fund subsidizes additional City staff time beyond the available Loch Lomond #10 maintenance funding.

For FY 2022-23, the City plans to utilize 100% of available maintenance funds. The Maintenance Activities for the coming year are anticipated as follows:

FY 2022-23 Maintenance Activity Amount
County Admin Fee $120.00
Incidental Expenses (Engineer’s Report + Bond Value reduction) $14,729.69 City Staff Time (vegetation management) $8,567.95
Total $23,417.64
FISCAL IMPACT: All district financial activities are within Fund #236. Public Works intends to utilize the full amount of Maintenance funds available each year for contracted maintenance activities and the remainder to reimburse City staff time within the allowable and intended use of District funds.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The Sinking Fund shall be used to cover larger, capital costs, though with a current fund balance of $36,336.42, it will take many more years to build up the fund to a significant amount to cover the rebuilding of any capital infrastructure in the District.

The Loch Lomond 10 Self-Insurance Fund shall remain reserved for its intended purpose of use for a claim within the District that would otherwise be covered by the City’s excess liability insurance to pay the City-required self-insured retention under this coverage. The FY 2021-22 Year End fund balance for the Self-Insurance Fund is projected to be $723,484.20 and represents the $500,000 balance, plus all accumulated interest over time.

OPTIONS:

The City Council has the following options to consider relating to this matter:

1. Adopt the resolution as presented, levying the full special tax for Loch Lomond 10 – MelloRoos District No. 1992-1 for FY 2022-23.

2. Do not adopt the resolution as presented. Provide direction to staff to make changes on recommended future actions.

RECOMENDED ACTION: Adopt a resolution setting the special tax rates for FY 2022-23.

ATTACHMENTS:

1. Resolution setting the District Tax for FY 2023-23 at $1,048.46 per parcel

2. Annual Engineer’s Report for Loch Lomond #10 CFD

3. Loch Lomond #10 Assessment Roll and Calculations (based on prior year’s Engineer’s Report)
RESOLUTION NO.

A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL

SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10) FOR FISCAL YEAR 2022-23
WHEREAS, the City Council of the City of San Rafael by Resolution No. 8839 formed “Community Facilities District No. 1992-1, (Loch Lomond #10), City of San Rafael, County of Marin, State of California,” (hereafter “CFD 1992-1”); and
WHEREAS, the landowners of CFD 1992-1 voted in a mail ballot election called by the City Council by Resolution No. 8840, and unanimously approved the imposition of a special district tax, as declared in Resolution No. 8841; and
WHEREAS, on March 9, 1993, the City of San Rafael prepared and caused to be recorded a “Notice of Special Tax Lien” for all of the parcels within CFD 1992-1, which included the facilities and services to be funded by the tax, and method for establishing a rate and calculating the apportionment of the tax; and
WHEREAS, on July 17, 1995 the City Council adopted Ordinance No. 1683 levying special taxes within CFD 1992-1; and
WHEREAS, Ordinance No. 1683 provides that the special tax rate will be set annually by resolution subject to the maximum authorized by Resolution No. 8839; and WHEREAS, the Department of Public Works is recommending the amount of the special taxes to be assessed in FY 2022-23 as $181.14 for the Sinking Fund and $867.32 in the Maintenance Fund – totaling $1048.46; and
WHEREAS, the City Council wishes to set the specific tax rate to be imposed on the parcels within CFD 1992-1 in fiscal year 2022-23;
NOW THEREFORE BE IT RESOLVED that the City Council of San Rafael hereby sets the special tax for Community Facilities District No. 1992-1 (Loch Lomond #10) at $1048.46 per parcel for FY 2022-23 ($181.14 towards the Sinking Fund and $867.32 towards the Maintenance Fund), excepting exempt Assessor Parcel Nos. 16-330-12,13,14, as provided in the Assessment Roll for fiscal year 2022-23 on file with the City Clerk and incorporated herein by reference.

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 said City held on Monday the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR
LOCH LOMOND #10

MELLO-ROOS
COMMUNITY FACILITIES DISTRICT 1992-1
2022 – 2023
Prepared for

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 6, 2022
Prepared By:

CSW/Stuber-Stroeh Engineering Group, Inc.
45 Leveroni Court
Novato, CA 94949
CSW ST 2

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San Rafael City CouncilJune 6, 2022

San Rafael City Council
June 6, 2022