San Rafael City Council
October 3, 2022

RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES

WITH M-GROUP FOR ON-CALL CONTRACT PLANNING AND ENVIRONMENTAL CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $100,000 (Term of Agreement: through December 31, 2023)
WHEREAS, the San Rafael Planning Division is committed to providing timely and effective planning services to the public; and
WHEREAS, due to on-going high volume of development application submittals, the City’s Planning Division has a need for on-call professional planning and environmental services to supplement existing staffing through temporary assignment of projects on an asneeded on-call basis; and WHEREAS, M-Group is a professional planning firm that has provided on-call planning services to the City in the past and has submitted a proposal to provide on-call contract planning services in a sum not to exceed $100,000, which includes the option of using journey level planners as well as experienced contract planners that can be used on a project-by-project basis, as further detailed in the staff report for this resolution; and WHEREAS, funds have already been appropriated in the FY 22-23 CDD budget process to cover the contract amount; and
WHEREAS, staff has determined that M-Group proposes a unique on-call approach to contract planning services which would provide the most qualified contract planner at the appropriate level, thus providing a cost-effective staffing solution; and WHEREAS, M-Group has demonstrated through its statement of qualifications and prior work on other similar projects that it would be able to take on the duties required to assist the Planning Division staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby approve and authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Planning Services with M-Group, subject to approval as to form by the City Attorney.

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 3rd day of October 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:
__________________
Lindsay Lara, City Clerk
1 AGREEMENT FOR PROFESSIONAL SERVICES

FOR ON-CALL CONTRACT PLANNING AND ENVIRONMENTAL REVIEW

SERVICES
This Agreement is made and entered into this ______ day of _______________, 2022, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and METROPOLITAN PLANNING GROUP, a California Corporation, doing business as the “M-GROUP” (hereinafter "CONSULTANT").

RECITALS
WHEREAS, the San Rafael Planning Division is committed to providing timely and effective planning services to the public; and
WHEREAS, given the current workload of CITY staff, the CITY has determined that the Planning Division is faced with a temporary gap in services and that on-call professional planning and environmental services are needed for the temporary assignment of projects on an as-needed, on-call basis; and
WHEREAS, at the CITY’S request, the CONSULTANT has submitted a proposal dated April 4, 2022 to provide on-call professional planning and environmental planning services to the CITY, and said proposal is attached to this Agreement marked “Exhibit 1” and incorporated herein by reference; and
WHEREAS, CONSULTANT has demonstrated through its statement of qualifications and prior work for the CITY, as well as other Cities, on other similar projects that it would be able to take on the responsibilities as a Contract Planner for the CITY.

AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:

1. PROJECT COORDINATION.

A. CITY’S Project Manager. Leslie Mendez, Planning Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

B. CONSULTANT’S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Heather Hines, Principal of M-Group, is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2 2. DUTIES OF CONSULTANT.

CONSULTANT shall perform contract planning servicesto fill a temporary vacancy and oncall as needed in the Planning Division with the duties as described in Exhibit 1.

3. DUTIES OF CITY.

CITY shall pay the compensation as provided in Paragraph 4 and shall provide CONSULTANT with a work space and materials and information reasonably necessary for CONSULTANT to perform the services required by this Agreement.

4. COMPENSATION.

CONSULTANT shall perform duties and bill for services on a “time and material” basis, at the hourly billing rates presented in CONSULTANT’S 2022 Rate Sheet attached as “Exhibit 2” hereto, up to a total not-to-exceed amount of $100,000. CONSULTANT may make a cost-ofliving adjustment to its hourly rates in Exhibit 2 once during the Term of this Agreement, but not prior to May 1, 2023, and only after 30 days’ written notice to CITY. In no event shall the cost-ofliving adjustment exceed the percentage increase over the previous year of the San FranciscoOakland-Hayward Price Index for All Urban Consumers (“CPI”).

CONSULTANT work hours shall be based on the number of hours needed to manage project workload or deadlines for that week. Hours billed shall not include CONSULTANT travel time.

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT.

5. TERM OF AGREEMENT.

The term of this Agreement shall begin on the date first set forth above and end on December 31, 2023. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to one (1) year.

6. TERMINATION.

A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party.

B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.

C. Effect of Termination. Upon receipt of notice of termination, neither party shall 3 incur additional obligations under any provision of this Agreement without the prior written consent of the other.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement.

8. INSPECTION AND AUDIT.

Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection.

9. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

10. INSURANCE.

A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.

2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence.

3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement.

Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this 4 section.

4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY.

B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.

2. The additional insured coverage under CONSULTANT’S insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by CITY and shall not call upon CITY'sinsurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies shall be at least as broad as ISO form CG20 01 04 13.

3. Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.

5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.

6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement.

7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured.

8. It shall be a requirement under this Agreement that any available insurance 5 proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement.

C. Deductibles and SIR’s. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.

D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY’S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.

11. INDEMNIFICATION.

A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT’s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse 6 the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.

B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

12. NONDISCRIMINATION.

CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.

13. COMPLIANCE WITH ALL LAWS.

CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

14. NO THIRD PARTY BENEFICIARIES.

CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.

15. NOTICES.
7 All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY’s Project Manager: Leslie Mendez, Planning Manager City of San Rafael
1400 Fifth Ave.

San Rafael, CA 94915-1560
TO CONSULTANT’s Project Director: Heather Hines
M-Group
51 E. Campbell Ave #1247
Campbell, CA 95009

16. INDEPENDENT CONTRACTOR.

For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY.

17. ENTIRE AGREEMENT -- AMENDMENTS.

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY.

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.

18. SET-OFF AGAINST DEBTS.
8 CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

19. WAIVERS.

The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

20. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

21. CITY BUSINESS LICENSE / OTHER TAXES.

CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).

22. SURVIVAL OF TERMS.

Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties’ respective successors and assigns.

23. APPLICABLE LAW.

The laws of the State of California shall govern this Agreement.

24. COUNTERPARTS AND ELECTRONIC SIGNATURE.

This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document.

Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ JIM SCHUTZ, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If CONSULTANT is a corporation, add signature of
second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:______________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ROBERT F. EPSTEIN, City Attorney
m-group a new design on urban planning
policy planning  urban design  environmental review  historic preservation  community engagement  staffing solutions m-group.us 499 Humboldt Street, Santa Rosa, CA 95404 707.540.0723 April 10, 2022
Leslie Mendez
Planning Manager
City of San Rafael
1400 5th Street
San Rafael, CA 94901
RE: M-Group Proposal for Planning Staff Support
Leslie,
I am pleased to prepare this letter proposal to renew M-Group’s contract with the City of San Rafael. We pride ourselves on ongoing work with our clients to prepare quality work product with flexibility to respond to each jurisdiction’s changing needs and timelines. M-Group has provided staffing assistance to the City of San Rafael since 2014 and our team looks forward to continuing that work with you and your staff.

This contract is intended to augment and extend our current contract for staffing support with greater flexibility to assign the best available staff members to respond most efficiently to the City’s needs. Under this contract, M-Group will provide professional planning services for development and environmental review projects assigned by the City. More specifically, these services will generally consist of, but not be limited to, the following:
• Review development project materials and environmental technical studies as needed • Writing of reports, correspondence, findings, and conditions of approval • Attend meetings with applicants and City staff
• Complete research and make recommendations
• Conduct site inspections
• Attend and presentation at public meetings such as Design Review Board, Planning Commission, and City Council
• Complete building plan check review for approved entitlements • Review and tracking of associated Mitigation Monitoring • Building Permit inspections as needed for approved entitlement projects M-Group will also provide on call environmental review services for project level environmental review.

A separate project level budget may be required at the direction of staff for more complex environmental review assignments to ensure full cost recovery capture. These services may include, but are not limited to, the following:
• Expanded justifications for categorical and statutory exemptions • Consistency analysis
Exhibit 1

WG RO U P ---
m-group.us 499 Humboldt Street, Santa Rosa, CA 95404 707.540.0723 • Initial Studies
• Negative Declarations and Mitigated Negative Declarations • Environmental Impact Reports
• Project management of environmental analysis
• Peer review of environmental documents and technical studies Additionally, M-Group may provide professional planning services to assist the City with advanced planning and special projects as requested by the City. These services may include, but are not limited to, the following:
• City initiated zoning updates
• Annual Housing Element Report
• Affordable housing agreements
• Environmental review of City projects
• Public outreach efforts on advanced planning and policy issues This contract will extend through December 2023. M-Group’s 2022 hourly rates are attached and rates will be charged based on the position assigned to a specific project under agreement with the City. These rates shall be subject to annual escalation based on changes in M-Group’s firmwide rate schedule.

Please let me know if there is anything additional needed at this time. I look forward to continuing to work together.

Sincerely,

HEATHER HINES
Principal
[email protected]
707.318.6208

M-GROUP
2022 RATE SHEET

M-GROUP STAFF HOURLY RATE
Admin Analyst $85
Planning Tech
Assistant Planner
Assistant Urban Designer $100
Social Media Coordinator
Associate Planner $130 Associate Urban Designer
GIS Mapping Services
Environmental Planner
Historic Preservation Specialist $145
Public Art Specialist
Senior Planner
$155
Senior Urban Designer
Senior Environmental Planner
Project Manager
Principal Planner
$175
Principal Environmental Planner
Principal Policy Planner
Director of Urban Design
Principal $220 - $270
* Hourly rates are subject to annual adjustment.
* Sub-consultants include a 10% administration fee
Exhibit 2
Agenda Item 4.g
City of San Rafael
In Recognition of

NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH
2022
WHEREAS, October 2022 marks the 77th anniversary of National Disability Employment Awareness Month; and
WHEREAS, the purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities; and WHEREAS, the history of National Disability Employment Awareness Month traces back to 1945 when Congress enacted a law declaring the first week in October each year "National Employ the Physically Handicapped Week;" and
WHEREAS, in 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities; and WHEREAS, in 1988, Congress expanded the week to a month and changed the name to National Disability Employment Awareness Month; and
WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and
WHEREAS, the City of San Rafael is committed to cultivating an inclusive community that increases access and opportunities to all, including individuals with disabilities.

NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim October 3, 2022 through October 31, 2022 as National Disability Employment Awareness Month in the City of San Rafael and urge its residents to join in observing and recognizing the accomplishments of individuals with disabilities.
___
Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.h
Meeting Date: October 3, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: SAN RAFAEL FIRE DEPARTMENT FLEET REPLACEMENT FY 2022-23 SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE THREE (3) FIRE DEPARTMENT VEHICLES FOR
REPLACEMENT, IN AN AMOUNT NOT TO EXCEED $998,000
RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to purchase three (3) vehicles of various makes and models to replace outdated vehicles in the Fire Department’s fleet, in an amount not to exceed $998,000.

BACKGROUND: In accordance with the attached Fleet Management Policy and Procedures, Department of Public Works staff has identified three vehicles in the Fire Department that it recommends for replacement in FY 2022-23. These recommendations are based on vehicle age and mileage, emissions compliance, and operational efficiency. It is important to note that due to global supply chain issues, delays are expected for the FY 22-23 replacements. Vehicle maintenance staff have been required to perform larger repairs on older vehicles to meet the City’s operational needs. It is imperative that the vehicle orders are placed in a timely manner when the ordering window is open and the option to purchase vehicles “off the lot” is available.

The replacement recommendations for the Fire Department vehicles are based on operational need and vehicle procurement lead time. Chart 1 below shows the vehicle number, recommended replacement and associated cost.

Table 1- Fire Department Replacement Recommendations
Vehicle Number Recommended Replacement Associated Cost (includes upfitting and contingency)
26-02 Equivalent Fire Engine $870,000
14-08 Ford F-150 $58,000
139-96 Ford Lighting EV $70,000
Total $998,000
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Engine:

In the past, the Department used 15 years of front-line service plus 5 years reserve service as the replacement schedule for engines. More recently, the City has moved away from set timelines and instead evaluated vehicles on their actual condition.

While our front-line fleet is still inside the parameters of this goal, our reserve fleet consists of 2002 and 2003 Engines which are coming up on the 20-year mark. The reserve engines are critical for use as spares when the front-line apparatus is down for repairs or deployed to out-ofcounty responses. They are also used for training on a regular basis for our recruit academies and for continued in-service training to keep front-line apparatuses in a ready state.

The continued usage and age of these vehicles has led to increased maintenance and repair time as components wear out. Older parts take longer to locate, exacerbated by shortages, leading to additional downtime. Additionally, call volumes continue to increase, and front-line engines require more maintenance and downtime, making the reserve fleet that much more critical.

Our reserve fleet is also not California Air Resources Board (CARB) compliant as they do not have Diesel Particular filters (required 2007), or Selective Catalytic Reduction (required 2010). The phase-out of these older engines aligns with the City’s goal of having a fleet that produces less greenhouse gas emissions.

While this request might be a little earlier than we would typically make, industry supply and economic trends in vehicle production have created long lead times. Current estimates for engines ordered today are a two-year delivery time. This long lead time requires the City to be proactive in engine replacement to ensure maximum response readiness in the near future.

Additionally, the cost of engines has risen by 10% in the last year and will increase another 6% on November 1, 2022. Purchasing now even though delivery will be in two years will lock in the lower price.

Trucks:

Pickup trucks are used by Battalion Chiefs and personnel to respond to incidents and areas that large vehicles cannot access, like fire trails. In an effort to prioritize ambulances and engines, the department has been running with no backup pickup trucks within the fleet. This has put additional strain on maintenance staff as they attempt to find time to repair and maintain these trucks without pulling them out of service. Given this, the department is requesting two replacement pickups.

The first would be the department’s first EV (Electric Vehicle) pickup, a Ford Lighting that would be assigned to the Deputy Fire Chief. The department already uses the City’s first EV passenger vehicle for fire prevention inspections. The truck would save the City roughly $3,000 in fuel per years and would be one of the first electric trucks in the Bay Area put into fire operational service. This is possible since the Deputy Chief does not respond to out of county calls and thus is not limited by the lack of charging infrastructure in remote locations of the state.

The department looks forward to using this EV and learning from it to hopefully move the entire pickup fleet to EVs in the near future. In an effort to look forward and be as efficient as possible, the department will procure a white model so that once the battery has less range and no longer meets the Fire Department’s operational needs, it may be used by other departments.

The second truck would replace an older utility vehicle, but more importantly would serve as a backup command staff truck in the event that any of the current trucks needs repair or are placed out of commission. This will ensure that there is some redundancy in the department’s SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
fleet while also phasing out an older, less fuel-efficient model. The City has historically purchased three-quarter ton vehicles for this use, but in an effort to downsize and be more environmentally conscious and economical, will be using a half ton. Replacing this older vehicle with one that can be used by the on-duty Deputy or Battalion Chief greatly increases preparedness and the ability for the department to ensure maximum operation readiness.

FISCAL IMPACT: These expenditures have been planned and there are sufficient funds available in the Vehicle Replacement Fund #600 to purchase three vehicles for an amount not to exceed $998,000.

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

1. Adopt a resolution approving and authorizing the City Manager to purchase three vehicles to replace aging vehicles for the Fire Department’s vehicle fleet.

2. Do not adopt a resolution and provide further direction to staff.

ATTACHMENT:

1. Resolution

2. Fleet Management Policy and Procedures
RESOLUTION NO.

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE THREE (3) FIRE DEPARTMENT VEHICLES FOR REPLACEMENT, IN AN AMOUNT NOT TO EXCEED $998,000
WHEREAS, the San Rafael Fire Department has three vehicles that require replacement; and
WHEREAS, based on information presented in the accompanying staff report and vehicle mileages, the Department of Public Works recommends the purchase of three new vehicles; and WHEREAS, the City has determined that replacing aging fleet vehicles with various electric and hybrid vehicles is the most cost-effective, long-term option; and WHEREAS, these expenditures have been planned and there are sufficient funds available in the Vehicle Replacement Fund (Fund #600) to purchase these vehicles.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL that the City Council hereby approves and authorizes the City Manager to purchase three (3) vehicles for an amount not to exceed $998,000.

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 3rd day of October 2022, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

CITY OF SAN RAFAEL

POLICIES AND PROCEDURES
Policy No.

Subject: Fleet ManaQement Policy
Resolution No.

Issue Date: September 6, 2012
Revision Date:

Prepared By Richard Landis
Approved By: ~L,,a,,v< e-q. Ylll.,•r•·~"--•"'I~
I

FLEET MANAGEMENT POLICY AND PROCEDURES
PURPOSE: The City of San Rafael establishes this policy to govern the management or the City's vehicle fleet
SCOPE: The acquisition, outfitting and replacement of all City vehicles.

DEFINITIONS: "City vehicle" shall include all automobiles, trucks, motorcycles, or any other equipment registered with the Department or Motor Vehicles and owned, leased, or rented by the City. "Fleet Manager'' shall be the Director of Public Works or his/her designee.

POLICY:

General Provisions
Fleet Manager
The role of the Fleet Manager Is to advise the City Manager and City Council on matters relating to the Clty's vehicle fleet. The Fleet Manager shall communicate wit11 all department directors regarding vehicle needs and submit timely reports to the City Manager. The Fleet Manager is committed to the following principles:

1. The size and nature of the City's fleet Is governed primarily by need and function, i.e., the number of vehicles should be no greater than what is necessary to provide public services in an efficient manner. Each vehicle within the fleet should be minimally specified to fulfill its intended function, providing operators with a comfortable and modestly-appointed vehicle with which to deliver services in a cost-effective manner.

2. Vehicles should be selected with a strong preference for fuel efficiency and hybrid and alternative fuel technology. The City will strive to reduce the negative impact of its fleet upon the environment by reducing greenhouse gas emissions.

3. Vehicles with the lowest long-term maintenance and repair costs and occupant safety are preferable.

Department Budgeting for Additional Vehicle Acquisition Before a department determines the need to add a vehicle to its inventory, it shall first check with the Fleet Manager and the Finance Department to determine whether an existing vehicle is available elsewhere in the fleet that may meet the department's needs. If none is available, the requesting

department shall submit a vehicle addition request to the Fleet Manager with the following information: ·
• The purpose for which the vehicle is needed
• The type of vehicle requested and the total estimated purchase price • The estimated total cost of any special auxiliary equipment or equipment packages above what might be considered standard equipment. The cost of adding a new vehicle to the fleet shall be paid by the requesting department. Internal service charges to that department's budget shall be established at the time of vehicle purchase to ensure adequate future funding for the vehicle's eventual replacement.

Vehicle Acquisition
All departments shall submit vehicle purchase requests to the Fleet Manager. The Fleet Manager will consider requests, consult with the Finance Department to ensure that there are surticient funds for the new vehicle request, and review vehicle specifications for conformance with the provisions and intent or the Fleet Policies and Procedures. All vehfcle purchases shall be administered by the Fleet Manager and shall comply with bidding procedures, when applicable, to ensure competitive pricing.

Invoices for new vehicle purchases and equipment installation shall be administered by the Fleet Manager with pre~approved departmental account codes established to meet the invoice totals.

Vehicle Replacement Funding
Funding for vehicle acquisition and supplemental equipment shall be established through monthly internal service charges to the department operating the vehicle, over the projected useable life of that vehicle. An annual inflation factor is applled to the department's internal service charge to account for anticipated Increases in future vehicle costs.

Vehicle Replacement Schedule
City vehicles are eligible for replacement on the basis of the following established useable life recommendations:

Vehicle Description · Useable Life
Sedans, SUV's, vans, lii:iht and medium duty trucks (up to 8,600 Qross vehicle weiqht) 1 O years Heavy duty trucks (over 8,600 gross vehicle weight) 15 years Police patrol/traffic vehicles I 5 years
Police unmarked vehicles 8 years
Police motorcycles I 4 years
Parktng enforcement bugaies 5 years
Fire command vehicles 7 years """""'""-
Fire pumper engines 15 ye.e,rs
Fire ladder trucks 20 y.ears
Ambulances 5 vears
Off-road maintenance and construction equipment shall be replaced when economically or operationally justified. When a vehicle in this group approaches the end of its anticipated life cycle, a cosVbenefit analysis shall be performed to justify vehicle replacement.

These useable life standards are for vehicle replacement financial estimating purposes only. When a vehicle reaches the end of its established useable life and the department operating the vehicle requests replacement, each vehicle shall be assessed by the Fleet Manager and Vehicle Maintenance Division to determine if replacement is justified, given general vehicle condition, mileage, maintenance and repair history, safety considerations, etc. Extension of the useable life of any vehicle shall be at the discretion of the Fleet Manager and the requesting department. Likewise, a department may request a vehicle replacement prior to the end of its established useable life. The Fleet Manager shall review all such requests in consultation with the Finance Department and Vehicle Maintenance Division. Requests for early replacement shall be accompanied by a thorough justification, including objective criteria supporting the request. The cost of early replacement, if any, shall be borne by the requesting department.

If a department determines that an assigned vehicle is no longer needed, the vehicle shall be returned to the Vehicle Maintenance Division for re-allocation within the fleet or disposition as surplus.

Disposition of Surplus Vehicles
All vehicles accepted by the Vehicle Maintenance Division for replacement or permanent elimination from the fleet shall be consigned to public auction with the City's designated auction service.

Departments shall deliver vehicles being replaced to the Vehicle Maintenance Division prior to accepting the new replacement vehicle.

Maintenance and Repair of Vehicles
Preventive and Routine Maintenance and Repairs
The Vehicle Maintenance Division shall notify departments of upcoming scheduled maintenance for vehicles operated by that department and will schedule the date and anticipated duration of the scheduled maintenance. If possible, the department operating the vehicle shall deliver it to the Vehicle Maintenance Division. If necessary, Vehicle Maintenance will pick up the vehicle at its customary parking location and return it when scheduled maintenance is complete.

Unscheduled Repairs
In the event a vehicle requires immediate or unscheduled repair during normal work hours, operators should call the Vehicle Maintenance Division (458-5345), or take the vehicle to the Public Works facility at 111 Morphew Street for assessment. If the vehicle cannot be operated or is unsafe to operate, the driver should call the Vehicle Maintenance Division for road service, towing, or advice.

After normal working hours, vehicle operators should call the non-emergency Police Department dispatch number (485-3000) for towing or road assistance. Vehicle operators must notify their supervisors1 as well as the Fleet Maintenance Division, in the event of a vehicle failure.

Reimbursement for Personal Expense for City Vehicle Repair Certain emergencies may occur during non-working hours that can be easily remedied at a service station (for example, a flat tire or radiator hose). Department Directors whose employees routinely work outside of normal working hours shall develop appropriate policies governing the authority of vehicle operators to affect emergency repairs during non-working hours with the intended goal of delivering uninterrupted publlc service. These departmental policies shall be forwarded to the Fleet Manager for reference.

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.i
Meeting Date: October 3, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library & Recreation
Prepared by: Craig Veramay,
Assistant Library & Recreation
Director
City Manager Approval: ______________
TOPIC: PROPOSED FEES FOR PILOT FALL/WINTER AQUATICS PROGRAM SUBJECT: RESOLUTION APPROVING FEES FOR PILOT FALL/WINTER AQUATICS

PROGRAM AT THE TERRA LINDA COMMUNITY POOL
RECOMMENDATION:

Adopt a resolution approving fees for a pilot fall/winter aquatics program at the Terra Linda Community Pool.

BACKGROUND:

Typically, the Terra Linda Community Pool closes in mid-September. The pool has a growing group of committed lap swimmers that have often expressed a desire for the pool to open earlier in the season and to continue later in the year. The Library and Recreation Department wants to ensure recreation amenities are available and accessible to community members to the greatest extent possible. However, historically, the City has been limited in the aquatics season length by the cost of keeping the pools open during colder months for fewer users as well as significant challenges in finding sufficient staffing to operate in the off-season. Additionally, in the Spring and Fall months, the City often must reduce pool hours due to weather-related impacts.

ANALYSIS:

In the past year, staff have been working hard to recruit and develop aquatics staff capacity. Staff have recently assessed that extending fall operations are feasible this season, as the City has been successful in recruiting aquatics staff with more availability throughout the year. Staff propose to operate the pool on a pilot program basis, offering the programs shown in Table 1 below, through at least October 30, 2022. As the pilot program progresses, staff will also evaluate the feasibility of keeping the pool open longer.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Table 1: Proposed Terra Linda Pool Fall / Winter Schedule Program Area Day of Week Times
Lap Swim
Sunday 8:30am-11:30am
Monday, Tuesday, Thursday 6:30am-1:30pm
Wednesday 6:30am-9:45am, and 11am-1:30pm
Water Gym Wednesday 10am-10:45am
Group Rentals Monday-Thursday 8:30am-10:30am, 6pm-8pm
In order to ensure that operations during this time period are financially sustainable, staff recommend adopting new pilot fall/winter aquatics program drop-in fees to trial this extended swim season. Staff completed a cost analysis and fee comparison in order to develop proposed drop-in fees that better recapture operating expenses during the winter season. Table 2 shows a comparison of the City’s current and proposed rates, alongside other Marin pools that offer public lap swim during the shoulder season.

Staff are recommending increasing the drop-in fee to the proposed rates to align with neighboring agencies and to better recover the added expense of operating the pool during the shoulder season.

Table 2: Fee Comparison: Fall / Winter Drop-In Swim Fees Program Type Unit of
Measure
Standard
(Summer)
Terra Linda
Pool Fees
(Res/Non)
Proposed
Fall/Winter
Terra Linda
Pool Fees
(Res/Non)
Marin JCC Fall
Fees
Mill Valley
Fall Fees
Lap Swim (Adult) Per visit
(drop-in) $7/$11 $11/$14
$15 w/member;
$30 general
public
$11
Lap Swim
(Senior)
Per visit
(drop-in) $5/$7 $8/$11
$15 w/member;
$25 general
public
$8
Lap Swim (Youth) Per visit
(drop-in) $5/$7 $8/$11 $5 w/member;$5 general public $8 Lane Fee for
Local Swim
Teams - standard
practice
Per Lane
Per Hour $6/$7 $12/$14 NA NA
Lane Fee for
Local Swim
Teams - swim
meets or
practices for
novice swimmers
Per Lane
Per Hour $9/$10 $16/$18 NA NA
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Table 3 shows the estimated revenue and expenses if the City approves the new fees, as compared to the baseline costs that the City absorbs when the pool is closed for the season.

Table 3: Terra Linda Pool Fall/Winter Pilot Program –
Weekly Revenue and Expense Projections*
Revenue $4,176
Expenses $3,971
Projected Net Revenue $205
*Note: These figures represent the weekly estimated revenue and expenses associated with fall/winter programs and include direct revenue and direct personnel (lifeguards, cashiers), chemicals, utilities, supplies, and equipment. These figures exclude fixed overhead operating and administrative overhead expenses.

If approved, the proposed fees would go into effect on October 4, 2022. Standard fees would resume April 1, 2023. At the conclusion of the pilot program, staff intend to evaluate program performance by studying operational impact, fiscal impact, and facility use. Depending on the outcome of that analysis, staff may make recommendations to City Council at a future date to amend the Master Fee Schedule to adopt winter season aquatics fees permanently or consider alternatives.

FISCAL IMPACT:

Operating expenses during the fall season are projected to be higher than those in the summer due to changes in weather and facility use patterns. Staff also project that attendance will be lower than during the summer months and are planning to offer reduced operating hours during the fall season.

Staff project that the new fees will generate adequate revenue to cover the added cost of operating the pool during the fall/winter season, resulting in a small weekly net revenue for the program period, as shown in Table 3.

OPTIONS:

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

1. Adopt a resolution approving fees for a pilot fall/winter aquatics program at the Terra Linda Community Pool.

2. Do no adopt the resolution and provide further direction to staff.

RECOMMENDED ACTION:

Adopt a resolution approving fees for a pilot fall/winter aquatics program at the Terra Linda Community Pool.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Pilot Fall/Winter Aquatics Fees

2. Current Recreation Master Fee Schedule
Lane Fee for
Commercial
Groups
Per Lane
Per Hour $15/$19 $25/$30 NA NA
RESOLUTION NO.

RESOLUTION APPROVING FEES FOR PILOT FALL/WINTER AQUATICS PROGRAM AT THE

TERRA LINDA COMMUNITY POOL
WHEREAS, the City of San Rafael has conducted an analysis of its services, the costs reasonably borne, the beneficiaries of those services, comparable fees charged by like agencies, and the revenues produced by those paying fees or any charges for special services; and WHEREAS, the City wishes to comply with both the letter and spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and
WHEREAS, the City has a policy of recovering costs reasonably borne of providing special services of voluntary and/or limited nature, such that general taxes are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, the Library, Recreation, and Childcare fees are structured in a manner that is consistent with the City policy; and
WHEREAS, the Library and Recreation Department wishes to develop new fall/winter pilot program aquatics fees based on the current costs reasonably borne and in alignment with market rates and best practices for fall/winter programming; and
WHEREAS, a fee comparison was prepared and proposed fees are determined to be in compliance with all of the requirements of California Government Code and other applicable laws.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves fees for pilot fall/winter aquatics programs for the Terra Linda Community Pool as outlined in Exhibit 1 to this resolution, and directs the Library and Recreation Department to apply the fees and the Finance Department to collect the fees. The fees shall go into effect on October 4, 2022. Standard fees will resume April 1, 2023.

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 3rd day of October 2022, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk
Standard Aquatics Fees (Spring/Summer)
(Effective April 1-September 30)
Fall/Winter Pilot Program Fees
(Effective October 1-March 31)
Fee Category Resident Fees Non-Resident
Fees Resident Fees Non-Resident Fee
Pool Season Passes
Memorial Day - Labor Day
Passes
Memorial Day - Labor Day Passes
Adult Pass (18-61): $140/$160
Youth Pass (ages 1-17): $100/$120
Senior Pass (ages 62+): $100/$120
Under 1: No Charge
NA
Daily Admission Drop-in (Lap & Rec Swim)
Adult (18 - 61 years) $7 $10 $11 $14
Youth (1 - 17 years) &
Seniors (62+ years) $5 $8 $8 $11
Under 1 year old Free Free Free Free
Punch Pass (15 admissions)
Adult Punch Pass (15
admissions - Lap & Rec
Swim)
$91 $130 NA
Youth & Senior Punch Pass
(15 admissions - Lap & Rec
Swim)
$65 $104 NA
EXHIBIT 1: FEES FOR PILOT FALL/WINTER AQUATICS PROGRAM
Pool Area Rentals
Rental of Terra Linda
Community Pool facility
$120/hr 2 hr.
min.

Residents/SR
Non-Profits
(includes 2
lifeguards)
$150/hr 2 hr.
min.

Non-Residents
& Outside Non-
Profits;
$200/hr
Commercial
(includes 2
lifeguards)
NA NA
Lifeguard fee
For groups >50,
$25/hr per
additional
Lifeguard; 1
Lifeguard per 25
additional
swimmers
required
For groups >50,
$25/hr per
additional
Lifeguard; 1
Lifeguard per 25
additional
swimmers
required
NA NA
Water Inflatable Fee $40/hr $50/hr NA NA
Picnic Tables (2 hr
minimum, attendees will
be charged at Resident
rates for pool entry)
$42/hr $48/hr NA NA
Indoor Party Room (3 hr
block, includes 30 entries) $350 $385 NA NA
Lane Fees (per lane, per hour)
Lane Fee for Local Swim
Teams - standard practice $6 $7 $12 $14
Lane Fee for Local Swim
Teams - swim meets or
practices for novice
swimmers
$9 $10 $16 $18
Lane Fee for Commercial
Groups $15 $19 $25 $30
Swim Lessons (per lesson)
Group Lessons - 30 minute $15 $18 NA NA
Group Lessons - 40 minute $17 $20 NA NA
Private Lessons - 30
minute $35 $40 NA NA
Private Lessons -
Additional Child $15 $18 NA NA
Fee Category Resident Fees Non-Resident Fees
Non-profit organizations $90/hr,
4 hr min Sat & Sun
$100/hr,
4 hr min Sat & Sun
Private use & non-profit fundraising events $110/hr,
4 hr min Sat & Sun
$120/hr,
4 hr min Sat & Sun
Commercial groups $130/hr,
4 hr min Sat & Sun
$140/hr,
4 hr min Sat & Sun
Non-profit organizations $30/room/hr $35/room/hr
Private use & non-profit fundraising events $40/room/hr $45/room/hr Commercial groups $55/room/hr $60/room/hr
Non-profit organizations $120/flat $130/flat
Private use & non-profit fundraising events $150/flat $160/flat Commercial groups $180/flat $190/flat
Non-profit organizations $25/hr $30/hr
Private use & non-profit fundraising events $35/hr $40/hr Commercial groups $45/hr $50/hr
Refundable reservation/damage deposit for San Rafael
Auditorium $1,000 $1,000
Refundable reservation/damage deposit for San Rafael
Clubrooms $100 per/room $100 per/room
Staff attendant fee $25/hr $25/hr
Lonatese Garden (fees apply if not in conjunction with Auditorium Rental) San Rafael Community Center
Miscellaneous Fees
Recreation Fee Schedule
Recreation Facilities Reservation Fees
Auditorium
Clubroom, Lounge
Kitchen with Facility Rental
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Recreation Fee Schedule
Recreation Facilities Reservation Fees
Non-profit organizations $45/hr,
4 hr min Sat & Sun
$50/hr,
4 hr min Sat & Sun
Private use & non-profit fundraising events $55/hr,
4 hr min Sat & Sun
$120/hr,
4 hr min Sat & Sun
Commercial groups $130/hr,
4 hr min Sat & Sun
$140/hr,
4 hr min Sat & Sun
Non-profit organizations $40/hr,
4 hr min Sat & Sun
$45/hr,
4 hr min Sat & Sun
Private use & non-profit fundraising events $50/hr,
4 hr min Sat & Sun
$55/hr,
4 hr min Sat & Sun
Commercial groups $75/hr,
4 hr min Sat & Sun
$80/hr,
4 hr min Sat & Sun
Non-profit organizations $15/room/hr $18/room/hr
Private use & non-profit fundraising events $20/room/hr $45/room/hr Commercial groups $55/room/hr $60/room/hr
Non-profit organizations $60/flat $65/flat
Private use & non-profit fundraising events $75/flat $160/flat Commercial groups $180/flat $190/flat
Refundable reservation/damage deposit for Boro
Auditorium/Gym
$500 for non-profit organizations and
private use & non-profit fundraising
events; $1,000 for commercial groups
$500 for non-profit organizations;
$1,000 for private use & non-profit
fundraising events and commercial
groups
Refundable reservation/damage deposit for Boro
Classrooms $100 per/room $100 per/room
Staff attendant fee $25/hr $25/hr
Albert J Boro Community Center
Auditorium
Classroom
Kitchen with Facility Rental
Miscellaneous Fees
Gymnasium
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Recreation Fee Schedule
Recreation Facilities Reservation Fees
Non-profit organizations $30/room/hr $35/room/hr
Private use & non-profit fundraising events $40/room/hr $45/room/hr Commercial groups $55/room/hr $60/room/hr
Non-profit organizations $50/flat $70/flat
Private use & non-profit fundraising events $60/flat $80/flat Commercial groups $70/flat $90/flat
Refundable reservation/damage deposit for Terra
Linda Clubrooms $100 per room $100 per room
Staff attendant fee $25/hr $25/hr
Clubroom
Kitchen
Miscellaneous Fees
Terra Linda Community Center
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Non-profit organizations $100/hr 2 hr minimum $120/hr 2 hr minimum Private use & non-profit fundraising $150/hr 2 hr minimum $170/hr 2 hr minimum Commercial groups $200/hr 2 hr minimum $220/hr 2 hr minimum Refundable reservation/damage deposit $1,000 $1,000
Non-profit organizations $900 for 6 hr $1,020 for 6 hr
Private use & non-profit fundraising $1,350 for 6 hr $1,470 for 6 hr Commercial groups $1,800 for 6 hr $1,920 for 6 hr
Refundable reservation/damage deposit $1,000 $1,000
Non-profit organizations $1,500 for 10 hr $1,700 for 10 hr Private use & non-profit fundraising $2,250 for 10 hr $2,450 for 10 hr Commercial groups $3,000 for 10 hr $3,200 for 10 hr
Refundable reservation/damage deposit $1,000 $1,000
Non-profit organizations $150/hr $170/hr
Private use & non-profit fundraising $225/hr $245/hr
Commercial groups $300/hr $320/hr
Recreation Fee Schedule
Friday - Sunday Additional Hours
Falkirk Reservation Fees
Falkirk Cultural Center
Monday - Thursday
Fridays and Sundays
Saturdays
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Memorial Day - Labor Day Passes
Adult (18 - 61 years) $7 $10
Youth (1 - 17 years) & Seniors (62+ years) $5 $8
Under 1 year old Free Free
Adult Punch Pass (15 admissions - Lap & Rec Swim) $91 $130 Youth & Senior Punch Pass (15 admissions - Lap & Rec Swim) $65 $104 Rental of Terra Linda Community Pool facility
$120/hr 2 hr. min.

Residents/SR Non-Profits
(includes 2 lifeguards)
$150/hr 2 hr. min.

Non-Residents & Outside NonProfits;
$200/hr Commercial
(includes 2 lifeguards)
Lifeguard fee
For groups >50, $25/hr per
additional Lifeguard; 1 Lifeguard
per 25 additional swimmers
required
For groups >50, $25/hr per
additional Lifeguard; 1 Lifeguard
per 25 additional swimmers
required
Water Inflatable Fee $40/hr $50/hr
Picnic Tables (2 hr minimum, attendees will be charged at Resident rates for pool entry) $42/hr $48/hr
Indoor Party Room (3 hr block, includes 30 entries) $350 $385 Recreation Fee Schedule
Daily Admission Drop-in (Lap & Rec Swim)
Punch Pass (15 admissions)
Aquatics Fees
Memorial Day - Labor Day Passes
Adult Pass (18-61): $140/$160
Youth Pass (ages 1-17): $100/$120
Senior Pass (ages 62+): $100/$120
Under 1: No Charge
Pool Season Passes
Pool Area Rentals
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Recreation Fee Schedule
Aquatics Fees
Lane Fee for Local Swim Teams - standard practice $6/lane/hr $7/lane/hr Lane Fee for Local Swim Teams - swim meets or practices for novice swimmers $9/lane/hr $10/lane/hr
Lane Fee for Commercial Groups $15/lane/hr $19/lane/hr
Group Lessons - 30 minute $15 per lesson $18 per lesson Group Lessons - 40 minute $17 per lesson $20 per lesson Private Lessons - 30 minute $35 per lesson $40 per lesson Private Lessons - Additional Child $15 per additional child per lesson $18 per additional child per lesson Swim Lessons
Lane Fee
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Non-profit organizations $45/hr $50/hr
Private use & non-profit fundraising $55/hr $60/hr
Commercial groups $65/hr $70/hr
Game Field Prep $30 flat fee $35 flat fee
Refundable reservation/damage deposit $300 $300
Lights (evening uses) $42/hr $42/hr
Non-profit organizations $20/hr $25/hr
Private use & non-profit fundraising $30/hr $35/hr
Commercial groups $40/hr $45/hr
Refundable reservation/damage deposit $300 $300
Non-profit organizations $20/hr $25/hr
Private use & non-profit fundraising $30/hr $35/hr
Commercial groups $40/hr $45/hr
Refundable reservation/damage deposit $100 $100
Non-profit organizations $20/hr $25/hr
Private use & non-profit fundraising $30/hr $35/hr
Commercial groups $40/hr $45/hr
Refundable reservation/damage deposit $100 $100
Recreation Fee Schedule
Victor Jones Field
Park & Field Fees
Athletic Field Fees - effective 1/1/2022
Albert Park Stadium All Field
Pickleweed Field (per soccer field)
Bernard Hoffman Field
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Recreation Fee Schedule
Park & Field Fees
Non-profit organizations $30/hr $35/hr
Private use & non-profit fundraising $40/hr $45/hr
Commercial groups $50/hr $55/hr
Non-profit organizations $15/hr $18/hr
Private use & non-profit fundraising $20/hr $45/hr
Commercial groups $50/hr $55/hr
Non-profit organizations $20/hr $25/hr
Private use & non-profit fundraising $30/hr $35/hr
Commercial groups $40/hr $45/hr
Non-profit organizations $20/hr $25/hr
Private use & non-profit fundraising $30/hr $35/hr
Commercial groups $40/hr $45/hr
Non-profit organizations $500/day $600/day
Private use & non-profit fundraising $600/day $700/day
Commercial groups $700/day $800/day
Staff attendant fee $25/hr $25/hr
Small Group Picnic Areas (Gerstle Park 1 & 2; Sun Valley, Victor Jones - Upper & Lower; Terra Linda; Santa Margarita; Frietas) (3hr min) Turf/Black Top Areas
Park Rental for Special Event - Use of a full park for a special event; will create list of parks where this is allowed. (Daily Rate - additional facility attendant of trash pick up fees may be applied) Redwood Grove - Gerstle Park Picnic Area (3hr min)
Pickleweed Park Picnic Area (3hr min)
Park Facilities Fees
ATTACHMENT 3
Fee Category Resident Fees Non-Resident Fees
Recreation Fee Schedule
Park & Field Fees
Non-profit organizations $15 court/hr $20 court/hr
Private use & non-profit fundraising $20 court/hr $25 court/hr Commercial groups $25 court/hr $30 court/hr
Lights (evening uses) $20/hr $20/hr
Tennis keys - Adult (18+ years)
Tennis keys - Youth (under 18)
Tennis keys - seniors (60 and over)
Community Garden annual fee (Terra Linda)
Full Plot = 450' sq. ft. $133 N/A
Half-Plot = 225' sq. ft. $67 N/A
Community Garden annual fee (Canal)
Full Plot = 50' sq. ft. $75 $90
Half-Plot = 25' sq. ft. $38 $45
Community Garden - effective 1/1/2022
Tennis Courts (Leagues/Tournament Play)
Tennis Keys
$50/yr $75/yr
Tennis Court Fees
ATTACHMENT 3
Fee Category
Banners San Rafael-Based Non-Profits
Bannner Hanging - Vertical Banners $60 per banner
Bannner Hanging - Horizontal Banners $360 per banner
Misc. Fees
Recreation Fee Schedule
ATTACHMENT 3
Agenda Item 5.a – Special Presentation from Marc Brown on the Marin Wildfire Prevention Authority
Agenda Item 5.b
City of San Rafael
In Recognition of
Fire Prevention Week 2022
WHEREAS, Historically, one week every October is known as Fire Prevention Week and is intended to help raise awareness to the risks of building fires; and WHEREAS, this year, Fire Prevention Week will be held from Sunday October 9 to Saturday October 15; and
WHEREAS, Fire Prevention Week was started by the National Fire Protection Association in 1922 to commemorate the Great Chicago Fire of 1871; and WHEREAS, the Great Chicago Fire burned between October 8th to October 10th. It killed over 300 residents and destroyed over 17,000 buildings with damages totaling $4.484 billion in today’s dollars; and
WHEREAS, Fire Prevention Week is the longest running public health observance in our country; and
WHEREAS, Fire Prevention Week teaches children and adults how to stay safe in the event of fire; and
WHEREAS, residential fires are a leading cause of injury and death and can affect anyone regardless of age, gender, race, orientation, income level, religion or background; and
WHEREAS, this year’s fire prevention theme is, Fire won’t wait. Plan your escape with an emphasis of having a home fire escape plan as well as knowing at least two ways out of the house; and
WHEREAS, all primary level schools in San Rafael have been notified of Fire Prevention Week, offering our support, and how to access fire safety materials that can be shared with students.

NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim the week of October 9 through October 15, 2022 as Fire Prevention Week and in doing so, urge all residents and community members to have and practice a home fire escape plan.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.a
Meeting Date: October 3, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public
Works
City Manager Approval: __________
TOPIC: “STREETARIES” OUTDOOR EATING AREAS STANDARDS AND FEES

1. ADOPTION OF ORDINANCE 2016 - AN ORDINANCE ADDING CHAPTER 11.70 (“STREETARIES” OUTDOOR EATING AREAS) TO TITLE 11 (PUBLIC WORKS) OF THE SAN RAFAEL MUNICIPAL CODE; AMENDING SECTION 14.16.277 OF CHAPTER 14.16 (SITE USE AND REGULATIONS), SECTION 14.17.110 OF CHAPTER

14.17 (PERFORMANCE STANDARDS), SECTION 14.05.020 OF CHAPTER 14.05 (COMMERCIAL AND OFFICE DISTRICTS), SECTION 14.06.020 OF CHAPTER 14.06 (INDUSTRIAL DISTRICTS) AND SECTION 14.08.020 OF CHAPTER 14.08 (MARINE DISTRICT) OF TITLE 14 (ZONING) OF THE SAN RAFAEL MUNICIPAL CODE; AND AMENDING TABLE 2.3.070.A (USE TABLE) OF CHAPTER 9 (DOWNTOWN FORMBASED CODE) OF THE DOWNTOWN SAN RAFAEL PRECISE PLAN RELATING TO

OUTDOOR EATING AREAS IN THE PUBLIC RIGHT-OF-WAY

2. RESOLUTION APPROVING THE STREETARY PROGRAM DESIGN AND

DEVELOPMENT STANDARDS AND FEES UNDER THE STREETARIES ORDINANCE, CHAPTER 11.70 OF THE SAN RAFAEL MUNICIPAL CODE
RECOMMENDED ACTION: Adoption of Ordinance 2016 and adopt a resolution approving the Streetary Program Design and Development Standards (“Standards”) and fees under Chapter

11.70 of the San Rafael Municipal Code (“SRMC”) – “Streetaries” Outdoor Eating Areas.

BACKGROUND: Outdoor dining on sidewalks and in the public right of way was authorized by the City Council in April 2000 through adoption of Ordinance 1751, codified at SRMC Section

14.16.277, Use of City Sidewalks and Rights-of-Way for Outdoor Eating Areas. In 2015, the City Council adopted Resolution 13995, establishing a 3-year pilot program to expand the Outdoor Dining Program to include parklets in the streets. In 2018, the City Council authorized the onstreet dining to continue under the same limitations. Prior to the COVID-19 pandemic, three (3) merchants received approval to operate outdoor dining parklets in parking spaces.

To help local businesses during the COVID-19 emergency, on June 1, 2020, the City Council adopted Resolution 14809 to streamline the use of City sidewalks and on-street parking spaces for business activities of restaurants and retail businesses. Twenty-nine (29) merchants utilized the streamlined program. These temporary Outdoor Dining Program permits are valid through November 30, 2022.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Since early 2022 a collaborative team from Public Works, Community Development, Parking Services, Economic Development, Fire, Police, and the City Manager’s and City Attorney’s Offices worked to create a program beginning December 1, 2022, for the continuance of the Outdoor Dining Program that sets clear and fair rules, parameters, and processes to ensure a positive impact on the City’s economic vitality. The Draft Streetary Program Guidelines and fees were presented to the City Council on June 21, 2022. After the approval of the draft guidelines, city staff outreached to all of the existing Streetary owners to share the guidelines and schedule.

Based on the draft Guidelines, staff drafted and proposed to the City Council a new Ordinance that would implement the standards as envisioned in the draft Guidelines.

On September 19, 2022, the City Council introduced a new ordinance adding Chapter 11.70 - “Streetaries” Outdoor Eating Areas to Title 11 (Public Works) of the SRMC, and staff recommends adoption of the ordinance (Attachment 1). The Ordinance, if adopted, will govern Streetaries in the public right-of-way, including without limitation, Streetary Encroachment Permits issued by the Director of Public Works, types of fees associated with the program, location requirements for streetaries, design and development standards, and procedures for enforcement, and appeal.

This proposed Resolution establishes fees for the program under Section 11.70.040 of the SRMC and the design and development standards for the program under Section 11.70.070 of the SRMC, which require separate resolution of the City Council as follows:

11.70.040 - Fees.

Each permit application shall be accompanied by a permit application fee. Prior to permit issuance, the permittee shall pay an annual encroachment lease fee and a one-time, refundable deposit. Fees shall be in amounts established by separate resolution of the City Council.

11.70.070 - Design and development standards.

The city council shall, by separate resolution, adopt design and development standards regulating the form, design, safety and maintenance of streetaries. The director may, from time to time, make minor modifications to the design and development standards.

ANALYSIS: The goal of the program is to maintain the economic vitalization gained by the existing streetaries while strengthening safety standards, creating consistent design aesthetic, and ensuring fairness in the way that the public right-of-way is being used.

Proposed Fee Amounts
Three fees are required under the SRMC Section 11.70.040: 1) application fee, 2) annual encroachment lease fee, and 3) one-time refundable deposit.

Based on input from existing Streetary owners, several expressed hardships for the amount of fees due as early as December 1, 2022. There have been requests that the city provide waivers, discounts, or payment plans to assist with the fees.

Table 1 presents staff recommendations for the fees and timeline for when they would go into effect. The fee amounts may be changed from time-to-time by subsequent resolutions of the City Council.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Fee Amount Timeline
Application fee $2,000 (one time) Fee waived until December 31, 2023 Annual
Encroachment
Lease fee
$3,600 per parking
space
Fee waived until June 1, 2023.

Between June 1, 2023 and May 30, 2024: Fee discount
of 50% applies.

Between June 1, 2024 and May 30, 2025: Fee discount
of 25% applies.

Beginning June 1, 2025: 100% of fee applies (no
discounts or waivers)
Deposit $2,000 (one time)
Fee due prior to the start of construction for new
streetaries or before application is accepted for existing streetaries.

Other: Building
permit fee
Dependent on value
of improvements –
in City Master Fee
Schedule
Fee due before receiving building permit.

Proposed Design and Development Standards
The SRMC Section 11.70.070 requires the City Council to adopt design and development standards regulating the form, design, safety and maintenance of streetaries. The Director of Public Works may, from time to time, make minor modifications to the standards.

Attachment 2 presents the Guidelines and Design and Development Standards (“Standards”) for the Streetary Program. This document incorporates provisions of the ordinance and sets forth specific form, design, safety, and maintenance requirements. The document provides specific location and setback criteria for streetaries from the ordinance, including required setback distances from the adjacent travel lane and parking spaces. In addition, it provides design criteria (i.e. materials, dimensions, accessibility, safety) for key elements of the streetaries. Minimum traffic safety protection measures (e.g., wheel stops, vertical delineators) are also included in the Standards. Operational standards, insurance requirements, and the streetary encroachment permit application process are also outlined in the document.

With the new ordinance in effect, the Director of Public Works will have the authority to accept and process applications from existing businesses intending to make modifications to existing structures and continue participating in the streetary program, as well as applications from businesses that wish to operate new streetaries. All existing streetaries, including those permitted before and during the COVID-19 emergency authorization, will be subject to the new ordinance and Standards.

Under the Ordinance Sections 11.70.080(C)-(D), the Director of Public Works is permitted to grant exceptions or minor modifications to the standards set forth in the Ordinance if the Director determines that the streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood. Accordingly, the Director of Public Works will work with the existing streetaries on a case-by-case basis to consider minor modifications to the standards, as appropriate.

Based on initial assessments of the existing streetaries, the majority of the existing 25 streetaries would need significant to moderate modifications to meet the requirements of the ordinance and Standards. Existing streetary issues include location non-conformance, neglect, accessibility noncompliance, lack of cleaning, and traffic safety concerns. In order for the streetary permitees to bring their streetaries into compliance, it will take time. City staff will work with each interested SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
restaurant owner through the permitting process. In order to allow for flexibility with the new program starting December 1st, staff will allow streetaries deemed by public works staff to be substantially compliant with the guidelines by December 1, 2022 to remain in operation as they become in full compliance by March 15, 2023. The city anticipates 8 to 10 of the existing streetaries being in substantial compliance by the December 1 deadline.

For operators who would like to remove the streetaries and not participate in the new program, staff intends to offer support to remove the streetary before December 1, 2022. The City would remove the streetary and absorb the cost of removal. This program would be implemented by staff, within the City Manager’s existing programmatic authority, without further City Council action.

ENVIRONMENTAL DETERMINATION: The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 (Class 4), 15305 (Class 5) and 15183, as summarized in the September 19, 2022 Staff Report.

Additionally, at their September 13, 2022 meeting, the Planning Commission adopted a resolution finding that the proposed amendments to the SRMC and Downtown Precise Plan are consistent with the San Rafael General Plan 2040 Goal EV-1: A Healthy and Resilient Economy because the program would streamline the permitting process, strengthen public safety standards, create a consistent design aesthetic, and ensure equity in the use of the public right of way.

OUTREACH: City staff across several departments have engaged the community and key stakeholders throughout this year. These efforts are summarized below:
• February 2022 to present: Monthly updates with Economic Development (ED) subcommittee (includes Chamber of Commerce & Downtown Business Improvement District leadership)
• April 2022: ED subcommittee task force was created to review draft guidelines including a streetary owner
• May 2022: Staff met with a few streetary owners to review guidelines • June 21, 2022: City Council Informational Report and approved draft guidelines • July-Aug 2022: Mailed letter and sent emails with draft guidelines and revised program. • Aug-Sept 2022: Email, phone calls, and visited with interested streetary owners. • Sept 2022: Emailed and dropped off one-page fact sheet to highlight dates, fees, and guidelines
• Sept 19, 2022: Public hearing on proposed Ordinance.

FISCAL IMPACT: As businesses continue to try to recover from the pandemic, staff have received several requests from existing Streetary owners to have a staggered approach to implementing fees for the streetaries.

The application fee of $2,000, which is proposed to be waived for the first year, is calculated at cost recovery levels for the staff time to review the application, site, and determine compliance.

While this fee is waived, staff time which is paid through the General Fund will be affected. Staff will be working on this program instead of potential other work assignments that could be cost recoverable. Assuming 10 streetaries participate in the program starting December 1, 2022, this assumes a total cost to the General Fund of $20,000 in staff time.

The deposit fee will be held by the City and, if needed, pay for streetary removal and reinstatement of the public right of way to its original condition. Any remaining portion of the deposit will be refunded upon streetary removal or change of operator.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The annual encroachment lease fee of $3,600 per parking space was calculated on the basis of average annual revenue from parking meters downtown in 2019, which was prior to the anomalies in parking behavior during the COVID pandemic. The parking services fund has already been working at a loss in meter fees since the temporary program was implemented, so staff is proposing a transition over the next 2.5 years until full parking meter fees are recovered. This fee does not include any cost recovery for staff time to administer the permit, inspect the streetaries, and review and manage compliance. Assuming 10 streetaries each with two parking stalls participate in the program starting December 1, 2022, there would be a revenue loss to the Parking Fund of $36,000 for the first 6 months, another $36,000 for the following 12 months, and $18,000 for the subsequent 12 months. Over the 2.5-year transition period for these 10 streetaries it would be a total estimated parking revenue loss of $90,000.

Staff recommend transferring funds from the General Fund to the Parking Fund #501 using COVID relief funds to support operations of the Parking Division while the fee waiver is in effect.

The exact amount of the transfer will depend on the annual number of streetaries and parking spaces in use.

For businesses who do not opt to participate in the new streetaries program and would like help from the City to remove their existing streetary, the cost to the City of removal of each streetary is estimated at $1,500. This fee includes the cost of maintenance staff time to remove and dispose of the streetary. After recent discussions with streetary operators, we anticipate 12 streetaries to choose this option of early removal. A total estimated cost of $18,000 would be absorbed by the Department of Public Works operating budget.

OPTIONS:

1. Adopt Ordinance 2016 and adopt the resolution approving the Streetary Program Standards and fees.

2. Adopt the resolution as amended approving the Streetary Program Standards and fees.

3. Do not adopt the resolution and provide alternative direction to staff.

RECOMMENDED ACTION:

1. Adopt Ordinance 2016: An Ordinance Adding Chapter 11.70 (“Streetaries” Outdoor Eating Areas) to Title 11 (Public Works) of the San Rafael Municipal Code; Amending Section

14.16.277 of Chapter 14.16 (Site Use and Regulations), Section 14.17.110 of Chapter

14.17 (Performance Standards), Section 14.05.020 of Chapter 14.05 (Commercial and Office Districts), Section 14.06.020 of Chapter 14.06 (Industrial Districts) and Section

14.08.020 of Chapter 14.08 (Marine District) of Title 14 (Zoning) of the San Rafael Municipal Code; and Amending Table 2.3.070.A (Use Table) of Chapter 9 (Downtown Form-Based Code) of the Downtown San Rafael Precise Plan Relating to Outdoor Eating Areas in the Public Right-of-Way

2. Adopt a resolution approving the Streetary Program Design and Development Standards (“Standards”) and fees under Chapter 11.70 of the San Rafael Municipal Code (“SRMC”) – “Streetaries” Outdoor Eating Areas.

ATTACHMENTS:

1. Ordinance 2016 and Summary Ordinance

2. Proposed Resolution for Streetary Program Standards and fees

3. Streetary Program Design and Development Standards
ORDINANCE NO. 2016
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.70 (“STREETARIES” OUTDOOR EATING AREAS) TO TITLE 11 (PUBLIC WORKS) OF THE SAN RAFAEL MUNICIPAL CODE; AMENDING SECTION 14.16.277 OF CHAPTER 14.16 (SITE USE AND REGULATIONS), SECTION 14.17.110 OF CHAPTER 14.17 (PERFORMANCE STANDARDS), SECTION 14.05.020 OF CHAPTER 14.05 (COMMERCIAL AND OFFICE DISTRICTS), SECTION 14.06.020 OF CHAPTER 14.06 (INDUSTRIAL DISTRICTS) AND SECTION 14.08.020 OF CHAPTER

14.08 (MARINE DISTRICT) OF TITLE 14 (ZONING) OF THE SAN RAFAEL MUNICIPAL CODE; AND AMENDING TABLE 2.3.070.A (USE TABLE) OF CHAPTER 9 (DOWNTOWN FORM-BASED CODE) OF THE DOWNTOWN SAN RAFAEL PRECISE PLAN RELATING TO OUTDOOR EATING AREAS IN THE PUBLIC RIGHTOF-WAY WHEREAS, the City Council has determined that outdoor eating areas within certain of the City’s rights-of-way provide economic vitality to the City and businesses, create community gathering spaces, contribute to the enjoyment of public spaces, and increase opportunities for more enjoyable pedestrian travel in the City; and WHEREAS, the City Council desires to permit outdoor eating areas within parking spaces of the public right-of-way – known as “Streetaries” – through Streetary Encroachment Permits; and
WHEREAS, outdoor dining in the public right-of-way was authorized by the City Council in April 2000, through adoption of Ordinance 1751, codified at San Rafael Municipal Code (“SRMC”) Section 14.16.277, Use of City Sidewalks and Rights-of-Way for Outdoor Eating Areas, by authorizing the Community Development Director to license outdoor dining in “sidewalks and other rights-of-way” under certain conditions and subject to performance standards under Section 14.17.110(C), Outdoor Eating Areas Proposed in Conjunction with Food Service Establishments; and
WHEREAS, on August 17, 2015, the City Council adopted Resolution 13995, establishing a 3-year pilot program to expand the outdoor dining program to include parklets in the streets, which provided a process for businesses to use parking spaces for outdoor dining purposes; and
WHEREAS, on December 3, 2018, the City Council authorized the on-street dining program to continue under the same limitations and three (3) merchants participated in the pilot program; and
WHEREAS, on June 1, 2020, to help local businesses during the Covid-19 emergency, the City Council adopted Resolution 14809 authorizing the City Manager, at their discretion, to streamline the approval of permits or other entitlements for use of City sidewalks and on-street parking spaces for business activities of restaurants and retail businesses, waive or reduce application fees, and close portions of designated City streets up to two evenings per week in order to facilitate outdoor dining and allow dining establishments to continue to operate when indoor dining was not allowed during the Covid-19 emergency; and
WHEREAS, twenty-nine (29) additional merchants participated in the streamlined program, thereby maintaining economic stability during challenging Covid-19 pandemic restrictions; and
WHEREAS, Temporary Outdoor Dining Program permits approved under the streamlined process are valid through November 30, 2022; and WHEREAS, the City Council desires to transition pre-existing Streetaries that were established prior to and during the Covid-19 pandemic into new Streetary Encroachment Permits when current permits expire on November 30, 2022; and WHEREAS, on June 21, 2022, staff presented Draft Streetary Guidelines to the City Council with staff’s recommendations for design and development standards, operational standards, fees, and other related requirements for new Streetary Encroachment Permits that would apply after current permits expire on November 30, 2022; and WHEREAS, the City Council has determined that the Director of Public Works should be the City’s designated representative to issue Streetary Encroachment Permits because of their locations within the City’s streets and parking spaces; and WHEREAS, the City Council aims to balance the desire for outdoor dining in the public right-of-way with adequate public parking and pedestrian and bicycle access; and WHEREAS, pursuant to Vehicle Code section 22507(a), cities may, by ordinance or resolution, restrict or otherwise remove parking from city streets during all or certain hours of the day; and
WHEREAS, the proposed Ordinance to add Chapter 11.70 (“Streetaries” Outdoor Eating Areas) to Title 11 (Public Works) and amend corresponding sections of Title 14 (Zoning) of the SRMC and Chapter 9 of the Downtown Precise Plan relating to outdoor eating areas in the public right-of-way through Streetrary Encroachment Permits qualify for the exemptions set forth in CEQA Guidelines sections 15304 and 15305 and statutory exemption section 15183; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 13, 2022, at which time it reviewed the proposed amendments to Title 14 (Zoning) of the SRMC and Chapter 9 of the Downtown Precise Plan, considered all public comments on the revisions and related CEQA exemptions, and recommended the proposed ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on September 19, 2022, considered all public comments on the revisions and related CEQA exemptions, and determined that the amendments are consistent with the General Plan and that the revisions would be internally consistent with all other provisions of the SRMC.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

Division 1. The above findings are adopted and incorporated herein.

Division 2. Addition of Chapter 11.70 to the San Rafael Municipal Code.

Chapter 11.70 – “Streetaries” Outdoor Eating Areas is hereby adopted and made a part of Title 11 (“Public Works”) of the San Rafael Municipal Code as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

Division 3. Amendments of Section 14.16.277 of Chapter 14.16 (Site Use and Regulations), Section 14.17.110 of Chapter 14.17 (Performance Standards), Section 14.05.020 of Chapter 14.05 (Commercial and Office Districts), Section

14.06.020 of Chapter 14.06 (Industrial Districts) and Section 14.08.020 of Chapter

14.08 (Marine District) of Title 14 (Zoning) of the City of San Rafael Municipal Code.

Section 1. Amendment of Section 14.16.277 of the San Rafael Municipal Code.

Section 14.16.277 (“Use of city sidewalks and rights-of-way for outdoor eating areas”) of Chapter 14.16 (“Site and Use Regulations”) of Division IV (“Regulations Applying in All or Several Districts”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline.

14.16.277 Use of city sidewalks and rights-of-way for outdoor eating areas.

A. Applicability. This section applies to the use of city sidewalks located within the public right-of-way for outdoor eating areas. Any outdoor eating area located within or using parking spaces within the public right-of-way shall not be subject to the provisions of this section, but shall be regulated as provided in Chapter 11.70 of Title 11.

A.B.Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights-of-way for outdoor eating areas is prohibited without a license agreement between the adjacent food service establishment and the city, which license agreement shall be in lieu of any environmental design review permit, use permit, administrative use permit, encroachment permit or other permit required for use of the city sidewalk or right-of-way for such purpose.

B.C.Such license agreements shall be in a form approved by the city attorney, and shall include the applicable standards provided in Section 14.17.110(C), indemnification of the city, and liability insurance naming the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as approved by the city's risk manager.

C.D. Such license agreement also shall be subject to such regulations hereafter deemed necessary by the community development director to protect the public health, safety, and welfare, and as approved by resolution of the city council.

D.E.Such license agreements may be approved by the community development director and may be revoked at the pleasure of the city council.

E.F.The placement of outdoor seating area barriers shall allow a minimum six-foot (6′) wide clear pathway for sidewalks located within the public rights-of-way.

F.G.In lieu of the aforementioned license agreement, the city council may enter into a lease agreement between the adjacent food service establishment at a rate and term to be determined by the city council, and as approved by resolution of the city council. (Ord. 1751 § 6, 2000).

Section 2. Amendment of Section 14.17.110 of the San Rafael Municipal Code.

Subsection B (“Applicability”) of Section 14.17.110 (“Outdoor eating areas proposed in conjunction with food service establishments”) of Chapter 14.17 (“Performance Standards”) of Division IV (“Regulations Applying in All or Several Districts”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline.

14.17.110 Outdoor eating areas proposed in conjunction with food service establishments.

B. Applicability.

1. This section applies to outdoor eating areas proposed in conjunction with food service establishments, with the exception of outdoor eating areas within parking spaces within the public right-of-way. Any outdoor eating area located within or using parking spaces within the public right-of-way shall not be subject to the provisions of this section, but shall be regulated as provided in Chapter 11.70 of Title 11.

2. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in Section 14.16.277.
(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 61, 6-21-2010)
Section 3. Amendment of Section 14.05.020 of the San Rafael Municipal Code.

Table 14.05.020 of Section 14.05.020 (“Land Use Regulations (GC, NC, O, C/O, R/O, FBWC)”) of Chapter 14.05 (“Commercial and Office Districts”) of Division II (“Base District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline. Unless indicated below, no other cells or rows within Table 14.05.020 shall be modified by this amendment.

Table 14.05.020
Type of Land
Use
GC NC O C/O R/O FBWC* Additional Use
Regulations
Commercial
Uses
Outdoor
eating areas
A* A* A* A* A* A* For outdoor eating areas on
private property see Section

14.17.110 standards. For
outdoor seating areas located
on city sidewalks or rights-ofway, see Section

14.16.277 standards. For
outdoor eating areas on
parking spaces within the
public right-of-way, see
Chapter 11.70 – “Streetaries”
Outdoor Eating Areas.

Section 4. Amendment of Section 14.06.020 of the San Rafael Municipal Code.

Table 14.06.020 of Section 14.06.020 (“Land Use Regulations (I, LI/O, CCI/O, LMU)”) of Chapter 14.06 (“Industrial Districts (I, LI/O, CCI/O, LMU)”) of Division II (“Base District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline. Unless indicated below, no other cells or rows within Table 14.06.020 shall be modified by this amendment.

Table 14.06.020
Types of Land
Use
I LI
/O
CCI
/O
LM
U
Additional Use Regulations
Commercial
Uses
Outdoor eating
areas
A A A A For outdoor eating areas on private property,
see Section 14.17.110 standards. For outdoor
seating areas located on city sidewalks or
rights-of-way, see Section

14.16.277 standards. For outdoor eating areas
on parking spaces within the public right-ofway, see Chapter 11.70 – “Streetaries” Outdoor Eating Areas.

Section 5. Amendment of Section 14.08.020 of the San Rafael Municipal Code.

Table 14.08.020 of Section 14.08.020 (“Land Use Regulations (M)”) of Chapter

14.08 (“Marine District”) of Division II (“Base District Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline. Unless indicated below, no other cells or rows within Table 14.08.020 shall be modified by this amendment.

Table 14.08.020
Type of Land
Use
M Additional Use Regulations
Commercial
Outdoor eating
areas
A For outdoor eating areas on private property,
see Section 14.17.110 standards. For outdoor
seating areas located on city sidewalks or
rights-of-way, see Section

14.16.277 standards. For outdoor eating areas
on parking spaces within the public right-ofway, see Chapter 11.70 – “Streetaries” Outdoor Eating Areas.

Division 4. Amendment of Table 2.3.070.A of the Downtown San Rafael Precise Plan.

Footnote 17 of Table 2.3.070.A (“Use Table”) of Article 2 (“Downtown Form-Based Zones”) of Chapter 9 (“Downtown Form-Based Code”) of the August 2021, Downtown San Rafael Precise Plan is hereby amended as set forth below. Deletions are in strikethrough, and additions are in underline. Unless indicated below, no other cells, rows or footnotes within Table 2.3.070.A shall be modified by this amendment.

17 For outdoor eating areas on private property, see SRMC Section 14.17.110 (Outdoor Eating Areas Proposed in Conjunction with Food Service Establishments) standards. For outdoor seating areas located on city sidewalks or rights-of-way, see SRMC Section 14.16.277 (Use Of City Sidewalks and Rights-of-way for Outdoor Eating Areas) standards. For outdoor eating areas on parking spaces within the public right-ofway, see SRMC Chapter 11.70 (“Streetaries” Outdoor Eating Areas).

Division 5. Compliance with California Environmental Quality Act (CEQA).

The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 (Class 4), 15305 (Class 5) and 15183.

Class 4 categorical exemptions (Minor Alterations to Land) consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes, including “minor temporary uses of land having negligible or no permanent effects on the environment . . .” (CEQA Guideline § 15304(e).) This Ordinance will involve the temporary, non-permanent use of land; all uses authorized pursuant to this ordinance would involve temporary, non-permanent improvements in the public right-of-way including temporary structures, tables and seating.

Class 5 categorical exemptions (Minor Alterations in Land Use Limitations) covers projects that consist of minor alterations in land use limitation in areas with an average slope of less than 20%, which do not result in any changes in land use or density including but not limited to issuance of minor encroachment permits. (CEQA Guideline § 15305.) This Ordinance will result in the issuance of permits for use and encroachment into the public right-of-way.

Section 15183 provides that when a proposed project is consistent with a General Plan or community plan for which an Environmental Impact Report (EIR) was certified, subsequent environmental review may only be required to examine “project-specific significant effects, which are peculiar to the project or its site.” On July 19, 2021, the City Council approved a resolution certifying the EIR that was prepared to analyze the environmental impacts of the City’s General Plan 2040 and Downtown Precise Plan. The City Council adopted both Plans as well as a statement of overriding considerations on August 2, 2021. As the conversion of on-street parking for use as outdoor dining is part of a strategy identified in the Downtown Precise Plan for creating civic spaces in infill conditions, this Ordinance is consistent with the Downtown Precise Plan and associated EIR. The project is therefore, exempt from CEQA pursuant to section 15183 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment.

The proposed Ordinance is consistent with these exemptions, because the requested action will not result in a direct or reasonably foreseeable change in the environment and because there is no possibility that the activity in question may have a significant effect on the environment.

Division 6. Severability.

The City Council hereby declares every section, paragraph, sentence, clause, and phrase of this Ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Division 7. Publication; Effective Date.

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 19th day of September 2022, and was passed and adopted at a regular meeting of the San Rafael City Council on the 3rd day of October 2022 by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

KATE COLIN, Mayor
Attest:

LINDSAY LARA, City Clerk
Exhibit A
Chapter 11.70 – “STREETARIES” OUTDOOR EATING AREAS

11.70.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:

A. “Outdoor eating area” shall have the same meeting as set forth in Section

14.03.030 of Title 14.

B. “Parking spaces within the public right-of-way” shall mean the designated on-street or off-street area where parking of vehicles does not violate any posted parking restriction and the use of the space does not interfere with the safety nor the passage of persons and vehicles.

C. “Permittee” shall mean the permit holder of a valid streetary encroachment permit issued by the city.

D. “Streetary” or “streetaries” shall mean an outdoor eating area that operates within and uses parking spaces within the public right-of-way directly adjacent to the food service establishment street frontage. Outdoor eating areas operating within or using sidewalks within the public right-of-way are not covered under this chapter and are subject to the applicable standards under Section 14.16.277 of Title 14.

11.70.020 - Permit required.

Any person desiring to erect, construct, place or maintain an encroachment upon any existing parking spaces within the public right-of-way for a streetary must first obtain an annual streetary encroachment permit pursuant to this chapter. Each applicant for an annual streetary encroachment permit shall comply with the requirements of this chapter, any other applicable laws, and any regulations and policies adopted pursuant to this chapter.

Permits shall only be issued to applicants with a valid business license issued by the city to operate a food service establishment directly adjacent to the parking spaces within the right-of-way for which a streetary encroachment permit is sought.

All persons operating and/or maintaining a streetary as of the effective date of this ordinance shall be required to obtain a streetary encroachment permit and pay applicable fees no later than December 1, 2022. Failure to obtain a streetary encroachment permit within this time period shall constitute a violation of this chapter and may subject the current streetary operator to closure and/or enforcement pursuant to this chapter.

11.70.030 - Permit application.

The director of public works (the “director”) shall establish an application form for an annual streetary encroachment permit, including any application materials deemed necessary to enable complete review of the application. The application shall be accompanied by a permit application fee required under Section 11.70.040.

The director shall transmit a copy of each application for an annual streetary encroachment permit to the director of community development (the "planning director").

The planning director shall review the application for compliance with all applicable design and development standards.

11.70.040 - Fees.

Each permit application shall be accompanied by a permit application fee. Prior to permit issuance, the permittee shall pay an annual encroachment lease fee and a one-time, refundable deposit. Fees shall be in amounts established by separate resolution of the City Council.

11.70.050 - Where permitted.

A. Streetaries are permitted in existing parking spaces within the right-of-way in all commercial districts.

B. Streetaries are only permitted in the parking spaces within the right-of-way directly adjacent to the food service establishment street frontage.

C. Notwithstanding subsection A, above, streetaries shall not be permitted along streets with (1) peak hour parking restrictions or (2) speeds limits greater than 25 miles per hour.

D. Notwithstanding subsection A, above, streetaries shall not be permitted in parking spaces that (1) are ADA designated, (2) are adjacent to curbs designated for no parking (red curb), passenger loading zones (white curb), commercial loading zones (yellow curb), limited parking zones (green) and/or any other colored curb zones with restrictions, (3) would block or obstruct any fire hydrant, fire department sprinkler or standpipe hose, or other public safety infrastructure, (4) would obstruct utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets, or (5) would obstruct any bicycle facility.

11.70.060 - Location criteria.

A. Maximum parking stalls. A maximum of two parallel parking spaces shall be used for each streetary.

B. Parking sufficiency. Seventy percent (70%) of on-street parking on any three-block average (the streetary location’s block and one block in either direction) must remain available for vehicles at any given time. The director may make an exception if the entrance to a public parking garage or lot is within 300 feet of the streetary location.

C. Adjacency to storefront. Streetaries may only be permitted in parking spaces within the right-of-way that are directly in front of the permittee’s food service establishment business. If a food service establishment fronts more than one but less than two parking spaces and fronts more than fifty percent (50%) of the second parking space, the permittee is eligible to apply for two parking spaces for use as a streetary.

D. Travel lane setback. Streetaries shall have an eighteen inch (18”) minimum setback from the travel lane measured from the parking striping adjacent to the travel lane. In cases where no striping exists, the maximum length of the streetary measured from the face of the curb shall be determined by the director or their designee.

E. Side setback. Streetaries shall have a two-foot minimum side setback to each wheel stop located at each end of the parking space.

F. Utilities. A minimum clearance of four feet (4’) from either side of utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets will be required to allow for maintenance access. Streetaries proposed under overhead utility lines shall meet the minimum vertical distance requirements as established by the California Public Utility Commission. Streetaries that block the outlet of a sidewalk underdrain shall ensure the outlet is functional and flowing.

Permittees shall take a thorough inventory of utility access covers in the proposed streetary area by checking under parked cars. Permittees shall provide for access to any city or public utility company that may have underground conduits beneath the constructed streetary. Access to utilities may require that a permittee temporarily remove all or a portion of the constructed streetary. Permittees shall be responsible for the cost of removing, re-installing and restoring any damage to the streetary.

11.70.070 - Design and development standards.

The city council shall, by separate resolution, adopt design and development standards regulating the form, design, safety and maintenance of streetaries. The director may, from time to time, make minor modifications to the design and development standards.

11.70.080 - Criteria for issuance.

A. The director, in acting upon any application for a streetary encroachment permit, shall either approve, approve with conditions or deny the issuance of a permit based on the following principles and standards:

1. That the applicant has paid all fees required under Section 11.70.040;

2. That the proposed use of the parking spaces within the public right-of-way is in compliance with all applicable provisions of this chapter;

3. That the proposed use of the parking spaces in the public right-of way is so arranged as to ensure the protection of public health, safety and general welfare, and prevent interference with users of the sidewalks, streets and holders of other permits; and

4. That the proposed use will properly comply with the provisions and development standards prescribed in this chapter, or as prescribed by the director and/or planning director.

B. The streetary encroachment permit may be subject to additional conditions where the city has documented any violation of this chapter, other applicable laws and regulations, or the streetary is detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood.

C. Deviations from adopted standards for proposed streetaries. Where the director determines that (1) a strict application of standards set forth in this chapter cannot be met by a proposed streetary, and (2) the streetary, as proposed, will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood, the director may grant exceptions or minor modifications to the standards set forth in this chapter.

D. Deviations from adopted standards for existing streetaries. For existing streetaries operating as of the effective date of this ordinance, where the director determines that the streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood, the director may grant exceptions or minor modifications to the standards set forth in this chapter.

11.70.090 - Limited to food service establishments.

All permits issued pursuant to this chapter shall be limited to streetaries established in conjunction with and abutting food service establishments.

11.70.100- Operational standards.

A. No live entertainment or amplified music. No live entertainment or amplified music shall be permitted in streetaries established pursuant to this chapter without first obtaining all required permits including but not limited to those issued pursuant to Section 8.13.060 of Title 8.

B. No outdoor food preparation, flames, heating. Outdoor food preparation, food heating mechanisms, cooking and open flames, hotpots, candles, open flames, and barbecues shall not be permitted in streetaries.

C. Alcohol service. Alcohol service shall be permitted subject to the acquisition of all required local and State permits and licenses.

D. Noise and disruptive behavior. Permittees shall be responsible for ensuring their patrons minimize noise and disruptive behavior while using their streetary space.

E. Site maintenance. Streetaries shall be maintained free of litter, refuse and debris.

The area shall be scrubbed and mopped daily by the permittee to remove any food or drink stains. Such cleaning shall be in accordance with the City’s Storm Water Management and Discharge Control Program, which prohibits any discharge other than rainwater into the storm water drainage system.

F. ADA compliance. Streetary seating areas must, at all times, comply with all requirements of the Americans with Disabilities Act (ADA) and provide sufficient clearance and walkway space to allow safe access and egress. For multi-level streetaries, a minimum of one level of ADA access shall be required.

G. Hours of operation. The streetary shall adhere to the same approved hours of operation as the associated food service establishment business, with the following limitations:

1. For streetaries that are within 150-foot horizontal or vertical distance from residences: Streetaries shall not commence operations prior to 7 a.m. on Saturdays, Sundays, and holidays; Streetaries shall not commence operations prior to 6 a.m. Monday through Friday; Streetaries shall not operate after 10 p.m. on Fridays and Saturdays; Streetaries shall not operate after 9 p.m. Sunday through Thursday and holidays. For purposes of this section, “holidays” shall have the same meaning as set forth in chapter 8.13 (Noise) of title 8.

H. Insufficient usage. Streetaries must demonstrate adequate usage in order to contribute to the economic vitality of the city. The city requires these streetaries to be set up and readily available for use during the operational hours of the food service establishment associated with the streetary, except in inclement weather and subject to the hours of operation limitations under subsection G. The city has the right to notify any streetary permittee in writing of insufficient usage and invoke the enforcement procedures set forth in this chapter.

11.70.110 - Indemnification and insurance.

As a condition of the issuance of an annual streetary encroachment permit, the permittee shall defend, indemnify and hold harmless the City of San Rafael and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the director.

11.70.120 – Enforcement.

A. Any person who violates this chapter shall be guilty of a misdemeanor and may be subject to any and all enforcement proceedings or remedies, including the imposition of penalties as authorized by law. The provisions of this chapter are cumulative to any other remedies authorized by law. Any streetary may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this chapter and permits issued pursuant to this chapter.

B. The city retains the right to revoke a streetary encroachment permit at any time where a violation of this chapter has occurred and/or revocation is necessary to protect the public interest, health, safety and/or welfare of the community. If the director believes that a permittee is in violation of this chapter, the director may issue a notice of violation to the permittee. The notice of violation shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within 30 days of service of the notice of violation, the violation is corrected or a hearing pursuant to this chapter is requested in writing. If the director or his designee determines that a permittee will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement, the director or their designee shall notify the permittee, either in person or by first class mail, that the permit will be terminated within 30 days of service of the notice of termination.

11.70.130 – Appeals.

Any person aggrieved by the director's action on a streetary encroachment permit application or revocation may appeal by submitting a written appeal to the city manager, along with any applicable appeal fee as provided in the city's master fee schedule, within fifteen (15) days of the date on which the permit was issued or on which the application was denied or on which the permit was revoked. The city manager, or his designee, shall hold a hearing on the appeal within thirty (30) days of receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days' written notice of the time of the hearing. The decision by the city manager or his designee on the appeal shall be final.

SUMMARY OF ORDINANCE NO. 2016
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.70 (“STREETARIES” OUTDOOR EATING AREAS) TO TITLE 11 (PUBLIC WORKS) OF THE SAN RAFAEL MUNICIPAL CODE; AMENDING SECTION 14.16.277 OF CHAPTER

14.16 (SITE USE AND REGULATIONS), SECTION 14.17.110 OF CHAPTER 14.17 (PERFORMANCE STANDARDS), SECTION 14.05.020 OF CHAPTER 14.05 (COMMERCIAL AND OFFICE DISTRICTS), SECTION 14.06.020 OF CHAPTER 14.06 (INDUSTRIAL DISTRICTS) AND SECTION 14.08.020 OF CHAPTER 14.08 (MARINE DISTRICT) OF TITLE 14 (ZONING) OF THE SAN RAFAEL MUNICIPAL CODE; AND AMENDING TABLE 2.3.070.A (USE TABLE) OF CHAPTER 9 (DOWNTOWN FORMBASED CODE) OF THE DOWNTOWN SAN RAFAEL PRECISE PLAN RELATING TO

OUTDOOR EATING AREAS IN THE PUBLIC RIGHT-OF-WAY
This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2016, which will amend the San Rafael Municipal Code to establish regulations for “Streetaries:” outdoor dining in on-street parking spaces.

Ordinance No. 2016 is scheduled for adoption by the San Rafael City Council at its regular meeting of October 3, 2022. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
To help local businesses maintain economic stability during the COVID-19 emergency, on June 1, 2020, the City Council authorized the expansion of an existing pilot program and the streamlined approval of permits for temporary use of City sidewalks and on-street parking spaces (“Streetaries”) for business activities of restaurants and retail businesses.

Temporary Outdoor Dining Program permits approved under the COVID-19 emergency streamlined process are valid through the end of November 2022. To allow the continuation of the Outdoor Dining Program with established parameters and processes for application, design criteria, operation and maintenance standards, the San Rafael City Council is adopting a new chapter (“Streetaries” Outdoor Eating Areas) to Title 11 (Public Works) of the San Rafael Municipal Code as well as making conforming text amendments to both the Zoning Ordinance and the Downtown Precise Plan to delete references to on-street dining and reference the new Chapter 11.70.

Copies of the Ordinance are also available for public review by contacting the City Clerk’s office by email to [email protected]. You may also contact April Miller, Public Works Director, at 415-485-3355 or [email protected] for information. /s/ Lindsay Lara

LINDSAY LARA
San Rafael City Clerk
Dated: 09/23/2022
1 RESOLUTION NO.

RESOLUTION APPROVING THE STREETARY PROGRAM DESIGN AND DEVELOPMENT STANDARDS AND FEES UNDER THE STREETARIES ORDINANCE, CHAPTER 11.70 OF THE SAN RAFAEL MUNICIPAL CODE.

WHEREAS, on September 19, 2022, the City Council introduced a new ordinance adding Chapter 11.70 “Streetaries” Outdoor Eating Areas to Title 11 (Public Works) of the San Rafael Municipal Code (SRMC); and
WHEREAS, on October 3, 2022, the City Council adopted the new “Streetaries” Ordinance; and
WHEREAS, under the newly-enacted Section 11.70.070 of the SRMC – Design and development standards, “The city council shall, by separate resolution, adopt design and development standards regulating the form, design, safety and maintenance of streetaries. The director may, from time to time, make minor modifications to the design and development standards.”; and
WHEREAS, under the newly-enacted Section 11.70.040 of the SRMC – Fees, “Each permit application shall be accompanied by a permit application fee. Prior to permit issuance, the permittee shall pay an annual encroachment lease fee and a one-time, refundable deposit.

Fees shall be in amounts established by separate resolution of the City Council.”; and WHEREAS, the City Council wishes to establish safe and aesthetic design standards and a fee schedule with consideration of the need to revive the challenged dining industry; and WHEREAS, the City Council recognizes the economic challenges facing local businesses, particularly restaurants, and wishes to support the streetaries as they transition into the new program established by the Streetaries ordinance. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The Streetary Program Design and Development Standards attached to the Staff Report accompanying this Resolution are hereby adopted as the design and development standards regulating the form, design, safety and maintenance of streetaries, in accordance with Section 11.70.070 of the SRMC.

2. The following fees for the Streetary Program are hereby established, in accordance with Section 11.70.040 of the SRMC:

Fee Amount Timeline
Application fee $2,000 (one time) Fee waived until December 31, 2023 Annual
Encroachment
Lease fee
$3,600 per parking
space
Fee waived until June 1, 2023.

Between June 1, 2023 and May 30, 2024: Fee discount
of 50% applies.

Between June 1, 2024 and May 30, 2025: Fee discount
of 25% applies.

Beginning June 1, 2025: 100% of fee applies (no
discounts or waivers)
Deposit $2,000 (one time)
Fee due prior to the start of construction for new
streetaries or before application is accepted for existing streetaries.

3. Staff are directed to add the Streetary Program fees to the City of San Rafael Master Fee Schedule.

4. Funds will be transferred from the General Fund to the Parking Fund #501 using American Rescue Plan Act (ARPA) funds to compensate for lost revenue from the fee waivers through FY 2024-25. Transfers will be calculated annually based on the number of parking spaces utilized by streetaries.

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 3rd of October 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________________
LINDSAY LARA, City Clerk
September 2022
1 CITY OF SAN RAFAEL

STREETARY PROGRAM

GUIDELINES AND DESIGN AND DEVELOPMENT STANDARDS
(“STANDARDS”)

THESE STANDARDS MUST BE READ IN CONJUNCTION WITH SAN RAFAEL MUNICIPAL CODE (SRMC), CHAPTER 11.70 - “STREETARIES” OUTDOOR EATING AREAS.

BUSINESSES SEEKING TO ESTABLISH OUTDOOR DINING STRUCTURES IN PARKING SPACES WITHIN THE PUBLIC RIGHT-OF-WAY MUST COMPLY WITH THESE STANDARDS.

I. “STREETARIES” OUTDOOR EATING AREAS ORDINANCE
On October 3, 2022, the City of San Rafael City Council adopted Ordinance No. ______, adding a new chapter 11.70 to the San Rafael Municipal Code (“SRMC”), titled “Streetaries” Outdoor Eating Areas, regulating outdoor eating areas in parking spaces within the public right-of-way. All streetaries operating, or applying to operate, in parking spaces within the public right-of-way must obtain a Streetary Encroachment Permit, and comply with the ordinance and design and development standards set forth in these “Standards”.

As defined in the ordinance, “Streetary” or “streetaries” shall mean an outdoor eating area that operates within and uses parking spaces within the public right-of-way directly adjacent to the food service establishment street frontage.

Outdoor eating areas operating within or using sidewalks within the public right-of-way are not covered under Chapter 11.70 or these Standards, and are subject to the applicable standards under Section 14.16.277 of Title 14 of the SRMC.

I. LOCATION AND SETBACK CRITERIA
All streetaries must comply with requirements as outlined Chapter 11.70 of the San Rafael Municipal Code.

A. Streetary Location Criteria
Peak Hour Restrictions/Speed Limits Greater than 25 mph SRMC 11.70.050(C): Streetaries shall not be permitted along streets with (1) peak hour parking restrictions or (2) speeds limits greater than 25 miles per hour.

Maximum Parking Stalls
SRMC 11.70.060(A): Maximum parking stalls. A maximum of two parallel parking spaces shall be used for each streetary.

September 2022
2 Parking Sufficiency
SRMC 11.70.060(B): Parking sufficiency. Seventy percent (70%) of on-street parking on any three-block average (the streetary location’s block and one block in either direction) must remain available for vehicles at any given time. The director may make an exception if the entrance to a public parking garage or lot is within 300 feet of the streetary location.

Adjacency to Storefront
SRMC 11.70.050(B): Streetaries are only permitted in the parking spaces within the rightof-way directly adjacent to the food service establishment street frontage.

SRMC 11.70.060(C): Adjacency to storefront. Streetaries may only be permitted in parking spaces within the right-of-way that are directly in front of the permittee’s food service establishment business. If a food service establishment fronts more than one but less than two parking spaces and fronts more than fifty percent (50%) of the second parking space, the permittee is eligible to apply for two parking spaces for use as a streetary.

Adjacency to Storefront - Shared Streetaries
A streetary shared by two businesses shall not exceed the frontage for the combined businesses.

Adjacency to Storefront Exception - Existing Streetaries Existing streetaries operating as of the effective date of the Streetary Ordinance will be permitted to continue to operate at their existing location, provided that all of the following conditions are met: i) the Streetary in its current condition is in substantial compliance with the Ordinance and Standards; ii) the Streetary does not require a new Building Permit; iii) the Streetary does not require and is not proposing significant modifications; iv) some portion of the Streetary is directly in front of the permittee’s food service establishment business; v) the Streetary does not use more than two parking spaces (or the maximum allowable for shared streetaries); and vi) pursuant to SRMC 11.70.080(D), the Director of Public Works has determined that the Streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood. This exception only applies to granting exceptions to the “adjacency to storefront” requirements under SRMC 11.70.050(B) and SRMC

11.70.060(C) and no other standards.

B. Streetary Setback Criteria
Required Streetary Buffers – Travel Lane Setbacks
SRMC 11.70.060(D): Travel lane setback. Streetaries shall have an eighteen inch (18”) minimum setback from the travel lane measured from the parking striping adjacent to the travel lane. In cases where no striping exists, the maximum length of the streetary measured from the face of the curb shall be determined by the director or their designee.

See Figure 1.

September 2022
3 Required Streetary Buffers – Side Setbacks
SRMC 11.70.060(E): Side setback. Streetaries shall have a two-foot minimum side setback to each wheel stop located at each end of the parking space.

See Figure 1.

Figure 1: Required Streetary Buffers and Traffic Safety Requirements.

Corner Locations
Streetaries located adjacent to intersection crosswalks shall provide a minimum 30-foot setback from the nearest crosswalk. Storefronts located at corner locations may only have a streetary on one street.

Fronting Driveways
Streetaries may not obstruct driveways, ADA ramps, or entrances to City-owned parking facilities.

C. Other Location Criteria
Utilities
SRMC 11.70.050(D): Streetaries shall not be permitted in parking spaces that would obstruct utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets.

SRMC 11.70.060(F): Utilities. A minimum clearance of four feet (4’) from either side of utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets will be required to allow for maintenance access. Streetaries proposed under overhead utility lines shall meet the minimum vertical distance requirements as established by the California Public Utility Commission. Streetaries that block the outlet of a sidewalk underdrain shall ensure the outlet is functional and flowing. Permittees shall September 2022
4 take a thorough inventory of utility access covers in the proposed streetary area by checking under parked cars. Permittees shall provide for access to any city or public utility company that may have underground conduits beneath the constructed streetary. Access to utilities may require that a permittee temporarily remove all or a portion of the constructed streetary. Permittees shall be responsible for the cost of removing, reinstalling and restoring any damage to the streetary.

ADA-Designated Spaces
SRMC 11.70.050(D): Streetaries shall not be permitted in parking spaces that are ADA designated.

Colored Curb Zones with Restrictions
SRMC 11.70.050(D): Streetaries shall not be permitted in parking spaces that are adjacent to curbs designated for no parking (red curb), passenger loading zones (white curb), commercial loading zones (yellow curb), limited parking zones (green) and/or any other colored curb zones with restrictions.

Bicycle Facilities
SRMC 11.70.050(D): Streetaries shall not be permitted in parking spaces that would obstruct any bicycle facility.

Streetaries cannot obstruct a bicycle lane or path.

Fire and Public Safety Infrastructure
SRMC 11.70.050(D): Streetaries shall not be permitted in parking spaces that would block or obstruct any fire hydrant, fire department sprinkler or standpipe hose, or other public safety infrastructure.

Fire Hydrants
Fire Hydrants shall not be blocked. A 15-foot clearance on either side of the hydrant along the curb shall be maintained. Additionally, three feet of clearance around the hydrant shall be provided.

Fire Department Connections (FDCs)
Fire Department Sprinkler and Standpipe hose connections shall remain fully accessible and not blocked or concealed from plain view. All fire department exterior equipment such as post indicator valves, check valves, and OS&Y valves shall be free from obstruction.

II. STREETARY DESIGN ELEMENTS
Streetaries generally consist of the following key elements:

A. PLATFORM that allows the streetary to serve as an extension of the sidewalks B. RAILINGS OR SIDE ENCLOSURES that demarcate the exterior of the streetary from the street and surrounding parking spaces
September 2022
5 C. TRAFFIC SAFETY PROTECTIONS to reduce the potential for auto-related damage D. OVERHEAD STRUCTURES (optional)
E. FURNISHINGS AND FIXTURES
In order to maintain a cohesive aesthetic throughout the City to enhance beautification and economic vitality, the City is limiting the materials used for any streetary elements to either wood (which can be natural wood or composite material) or metal. The City has identified certain companies that build modular streetaries that are easy to clean and can be stored and reinstalled with ease. Businesses may design their own or purchase such modular streetaries.

A. PLATFORM DESIGN CRITERIA
Materials
Platforms must be constructed from wood or metal that can withstand wear and tear of elements. Pouring concrete for streetary platforms is not allowed. Streetaries may use concrete pavers on a platform structure instead. Surface materials must be textured or treated with a nonskid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted.

Maintenance Access
Streetaries must be designed to provide access under the platform to allow for maintenance (i.e. repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means.

Platform Threshold
The platform threshold must be flush and even with the sidewalk and must not leave a gap greater than ½ inch, nor a vertical separation greater than ¼ inch.

Drainage
Platforms must allow for curbside drainage flow. At a minimum, the existing gutter line must be clear of obstructions along the entire length of the proposed platform and provide a minimum 12-inch wide clear space if the street does not have a concrete gutter. Openings at either end of the streetary may be covered with screens to prevent debris buildup beneath the platform and in the gutter. It is the responsibility of the streetary permittee to clean the cover or screen to prevent any backup of storm water. All streetaries must provide access through the streetary platform or threshold to the gutter adjacent to the curb. The City reserves the right to adjust these requirements depending on the specific location of each streetary in order to maintain proper drainage
Affixing Not Allowed
At no time may structures be bolted or affixed in any way to the roadway or any structure (including but not limited to buildings, fire hydrants, street trees, streetlights, parking meters, or traffic poles). An exception to this is that wheel stops for traffic protection must be affixed to the roadway as described in the Traffic Protection section of these Standards.

September 2022
6 Sub-structure
Designs for the sub-structure of a streetary vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the streetary. “Bison pedestals” (pictured below) spaced under the surface and of different heights are a common application. Another method is to provide steel sub-structure and angled beams.

Figure 2: Bison pedestals for streetary sub-structure
ADA Accessibility
SRMC 11.70.100(F): ADA Compliance. Streetary seating areas must, at all times, comply with all requirements of the Americans with Disabilities Act (ADA) and provide sufficient clearance and walkway space to allow safe access and egress. For multi-level streetaries, a minimum of one level of ADA access shall be required.

All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations and guidelines of the California Building Code and Americans with Disabilities Act.

Accessible Platform Surface
The portion of the streetary platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed two percent (2%).

Dimensions
Accessible entry shall be a minimum of 48 inches wide. Accessible path of travel must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space. Wheelchair turning space shall be 60 inches in diameter and located entirely within the platform or with a twelve-inch maximum overlap on the curb and sidewalk. Wheelchair landing shall be a 36 by 48-inch clear floor area that is permitted to overlap with the Wheelchair Turning Space by 24 inches maximum in any orientation.

September 2022
7 B. RAILINGS AND SIDE ENCLOSURES DESIGN CRITERIA
Streetary railings and side enclosures must be constructed from wood or metal that can withstand wear and tear of elements. The streetary railing/side enclosure marks the boundary between the streetary and the street or sidewalk. It should serve as a safe edge while also being visually appealing, permeable, and inviting. The following standards and guidelines should inform the design.
- Stability: Stable and sturdy enough not to fall over or be pushed over. - Edge buffers from the street: This can take the form of planters, railing, cabling, or some other appropriate enclosure.
- Openings in rails: Must prevent passage of 4-inch sphere. - Height of railings / side enclosures: Should not exceed 36 inches from the streetary platform floor to the top of the railing.
- Traffic safety and visibility: The enclosure shall not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices. All railings/enclosures must have retro-reflective reflectors or retro-reflective tape on the corners of the streetary facing the travel lane such that they are visible by vehicle traffic at night.
- Water-filled orange barricades and metal rail side enclosures are not permitted. Any water-filled orange barricades and metal rails that served as traffic protection during the Temporary Outdoor Dining Program prior to adoption of the “Streetary” ordinance must be promptly removed.

C. TRAFFIC SAFETY PROTECTIONS
Wheel Stops
See Figure 1.

SRMC 11.70.060(E): Side setback. Streetaries shall have a two-foot minimum side setback to each wheel stop located at each end of the parking space.

Streetaries in parallel parking spaces must be buffered using a wheel stop at two-feet from the streetary and three-feet from the face of curb. These wheel stops help protect against moving traffic and parking cars. This buffer may also serve as a space for adjacent property owners to accommodate curbside trash collection. Applicants are required to repair any damages to the roadway caused by the installation of the streetary or wheel stops if later removed. Any repairs shall be performed under a separate encroachment permit and in accordance with applicable City standards for roadway construction. Applicants are responsible for the cost of purchasing and installing wheel stops, which will be added as an additional cost at the time of application approval. Payment and installation of wheel stops must occur prior to any construction of the September 2022
8 streetary. For approved applicants, the Department of Public Works will source and install wheel stops.

Vertical Traffic Delineators, Posts or Bollards
See Figure 1.

Streetaries shall have vertical elements that make them visible to traffic. White traffic delineators which are flexible posts with retroreflective tape will be the standard requirement. White delineators shall be placed at each corner on the streetary closest to the travel lane with another white delineator at the midpoint and in line with those at the corner. Applicants are responsible for the cost of purchasing and installing these white traffic delineators, which will be added as an additional cost at the time of application approval. For approved applicants, the Department of Public Works will source and install white traffic delineators.

Travel Lane Clearance
See Figure 1.

SRMC 11.70.060(D): Travel lane setback. Streetaries shall have an eighteen inch (18”) minimum setback from the travel lane measured from the parking striping adjacent to the travel lane. In cases where no striping exists, the maximum length of the streetary measured from the face of the curb shall be determined by the director or their designee.

Congested Arterials and Traffic Safety
The Public Works Director (or designee) may deny any application for a streetary which may cause conflicts or decrease the ability to manage traffic flow for vehicles, busses, bicycles or pedestrians. The determination of the Public Works Director may also be based on parking management and or the occasional use of the parking lane to manage traffic flow.

D. OVERHEAD STRUCTURES (optional)
Overhead structures on streetaries are defined as any wall or structure over 36” in height, including roofs, overhead trellises, tent shade structures, and wind barriers.

Streetaries who wish to have an overhead structure must obtain a building permit. This permit application shall include detailed plans for the overhead structure that have been designed and engineered by a licensed design professional. These detailed plans must ensure the overhead structure can resist wind and seismic loads. Existing Streetaries who have an overhead structure without a building permit are required to submit an application on or before November 30, 2022 in order to continue operation
Although the City will consider applications for overhead structures, the City encourages Streetaries to use high quality outdoor umbrellas for sun and weather protection, instead of overhead structures. The use of umbrellas for sun protection and shade is anticipated to bring an open-air aesthetic and thereby increased vibrancy to areas where streetaries are located.

September 2022
9 E. FURNISHINGS AND FIXTURES
Wind Protection
All furnishings and fixtures must be designed to be weighted down so they do not become airborne in a wind event. Items may need to be stored inside the business during periods of high winds. Weights used must not create tripping hazards for pedestrians.

Heaters – Additional Building Permit Application May Be Required Portable space heaters are permitted if they are an outdoor approved type, are used and located in accordance with the manufacturer’s specifications and are located at least two feet from the edge of any overhead structure, umbrella canvas, any foliage, or any other flammable object or material. Heaters are not allowed under overhead structures or umbrellas but can be placed near them if the required two feet clearance is maintained. Natural gas piped heating is not permitted.

Fixed heat lamps are discouraged but may be considered on a case-by-case basis upon submission of relevant building permit applications for overhead structures and electrical connections. Portable heaters do not require a building permit application.

Umbrellas
Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella canopy shall be less than 80 inches above the streetary platform.

Electrical connections – Additional Building Permit Application Required If electrical connections are desired, the streetary must submit a separate Building Permit Application at the same time that they submit their Streetary Encroachment Permit Application.

An approved Building Permit is required for any existing or proposed electrical connections. All wiring and electrical cords must be exterior rated, GFCI protected, and UL listed. Cords must not create tripping hazards on the sidewalk. If the cords cross overhead, they must provide a minimum clearance of 10 feet above the sidewalk and the platform of the streetary. The use of adapters is prohibited. Streetaries are not permitted to tap into existing City electrical connections such as twinkle light outlets or streetlight poles.

Generators are not permitted in association with streetaries.

Lighting – Additional Building Permit Application Required Streetaries proposing lighting provided through electrical connections must submit a separate Building Permit Application at the same time that they submit their Streetary Encroachment Permit Application. An approved Building Permit is required for any existing or proposed lighting provided through electrical connections. Solar powered lighting is strongly encouraged. Batterypowered lighting is also an acceptable alternative. Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles. Light strings must be hung to allow for a minimum clearance of 10 feet above the sidewalk and the platform of the streetary.

Signage
No signage is allowed on streetary structures, fixtures, or furnishings.

September 2022
10 III. OPERATIONAL STANDARDS
Security
Streetaries are under the control of the permit holder. The permit holder is responsible for securing the streetary and any fixtures and furnishings contained within it during hours when the associated business is not in operation so that objects cannot be removed or used as projectiles. Securing the streetary is defined as storing inside the locked business or using cables and padlocks or any other means to prevent vandalism, theft, or damage to property.

No Outdoor Food Preparation and No Open Flames
SRMC 11.70.100(B): No outdoor food preparation, flames, heating. Outdoor food preparation, food heating mechanisms, cooking and open flames, hotpots, candles, open flames, and barbecues shall not be permitted in streetaries.

Alcohol Service
SRMC 11.70.100(C): Alcohol service. Alcohol service shall be permitted subject to the acquisition of all required local and State permits and licenses.

Only food service establishments licensed by the State of California will be permitted to allow onpremises consumption of alcoholic beverages. Alcohol service is only allowed under full-service conditions and alcoholic beverages consumed in streetaries are not allowed to be provided in togo containers. Establishments that serve alcoholic beverages in the streetary area shall meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages.

No Live Entertainment or Amplified Music Without Permit SRMC 11.70.100(A): No live entertainment or amplified music. No live entertainment or amplified music shall be permitted in streetaries established pursuant to this chapter without first obtaining all required permits including but not limited to those issued pursuant to Section 8.13.060 of Title 8.

Noise and Disruptive Behavior
SRMC 11.70.100(D): Noise and disruptive behavior. Permittees shall be responsible for ensuring their patrons minimize noise and disruptive behavior while using their streetary space.

Site Maintenance
SRMC 11.70.100(E): Site maintenance. Streetariesshall be maintained free of litter, refuse and debris. The area shall be scrubbed and mopped daily by the permittee to remove any food or drink stains. Such cleaning shall be in accordance with the City’s Storm Water Management and Discharge Control Program, which prohibits any discharge other than rainwater into the storm water drainage system.

ADA Compliance
SRMC 11.70.100(F): ADA compliance. Streetary seating areas must, at all times, comply with all requirements of the Americans with Disabilities Act (ADA) and provide sufficient September 2022
11 clearance and walkway space to allow safe access and egress. For multi-level streetaries, a minimum of one level of ADA access shall be required.

See Section II(A) Streetary Design Elements, Platform Design Criteria for more details.

Compliance and related liability issues will be the sole responsibility of the Permittee and Streetary operator.

Hours of Operation
SRMC 11.70.100(G): Hours of operation. The streetary shall adhere to the same approved hours of operation as the associated food service establishment business, with the following limitations:

For streetaries that are within 150-foot horizontal or vertical distance from residences: Streetaries shall not commence operations prior to 7 a.m. on Saturdays, Sundays, and holidays; Streetaries shall not commence operations prior to 6 a.m. Monday through Friday; Streetaries shall not operate after 10 p.m. on Fridays and Saturdays; Streetaries shall not operate after 9 p.m. Sunday through Thursday and holidays. For purposes of this section, “holidays” shall have the same meaning as set forth in chapter 8.13 (Noise) of title 8.

Inspections
SRMC 11.70.120(A): Any streetary may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this chapter and permits issued pursuant to this chapter.

Insufficient Usage
SRMC 11.70.100(H): Insufficient usage. Streetaries must demonstrate adequate usage in order to contribute to the economic vitality of the city. The city requires these streetaries to be set up and readily available for use during the operational hours of the food service establishment associated with the streetary, except in inclement weather and subject to the hours of operation limitations under subsection G. The city has the right to notify any streetary permittee in writing of insufficient usage and invoke the enforcement procedures set forth in this chapter.

IV. FEES
SRMC 11.70.040: Fees. Each permit application shall be accompanied by a permit application fee. Prior to permit issuance, the permittee shall pay an annual encroachment lease fee and a one-time, refundable deposit. Fees shall be in amounts established by separate resolution of the City Council.

The fees for the exclusive use of the Streetary are proposed to ensure that the public right-ofway will be enhanced in ways that will facilitate its successful use by private businesses. The current fee schedule is available on the City’s Finance Department website. All fees may be reviewed and adjusted from time to time by the City Council through resolution.

September 2022
12 Application Fee
All applicants, whether approved or denied, will be charged an application fee for coststhat cover city staff time to process and review each application. Application fees will not be refunded.

Annual Encroachment Lease Fee
Prior to permit issuance and each year thereafter, the permittee shall pay an annual encroachment lease fee, calculated based on the number of parking spaces used under the permit. The annual fee will be prorated on a monthly basis for any partial year. Annual fees not paid by the date due will be subject to removal. Annual fees will not be refunded.

Deposit
A Streetary Permittee is required to pay a refundable one-time deposit prior to issuance of a Streetary Encroachment Permit. The City may use all or any portion of the deposit to ensure proper removal of the Streetary and any resulting damage to City property caused by its removal.

The balance of the deposit will be refunded upon removal of the Streetary or a change in operator of the Streetary, provided that the Streetary is in full compliance with these Standards.

Other Costs – Wheel Stops and White Traffic Delineators Pursuant to Section II(C), applicants are responsible for the cost of purchasing and installing wheel stop and white traffic delineators, which will be added as an additional cost at the time of application approval. Payment and installation of wheel stops and white traffic delineators must occur prior to any construction of the Streetary. For approved applicants, the Department of Public Works will source and install wheel stops and white traffic delineators.

Summary of Fees and Due Dates

1. REQUIRED FOR ALL APPLICATIONS: Streetary Permit Application Fee

2. OPTIONAL: Building Permit Application Fee for Optional Overhead Structure, Electrical Connections or Lighting, or Fixed Heat Lamps

3. UPON APPROVAL OF AND PRIOR TO ISSUANCE OR RENEWAL OF STREETARY ENCROACHMENT PERMIT: Annual Encroachment Lease Fee for Each Parking Space

4. UPON APPROVAL OF AND PRIOR TO ISSUANCE OF STREETARY ENCROACHMENT PERMIT:

Deposit

5. UPON APPROVAL OF AND PRIOR TO ISSUANCE OF STREETARY ENCROACHMENT PERMIT:

Upfront payment for installation of wheel stops and white traffic delineators as required by these Standards
V. INDEMNITIFCATION AND INSURANCE
SRMC 11.70.110: As a condition of the issuance of an annual streetary encroachment permit, the permittee shall defend, indemnify and hold harmless the City of San Rafael and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the director.

September 2022
13 Permittees must obtain insurance and submit to the City certificates of insurance, including but not limited to:

1. General Commercial Liability Insurance of no less than $1 million per occurrence and $2 million aggregate, with the City as an additional insured on a primary and noncontributory basis

2. Workers Compensation Insurance of no less than $1 million Insurance requirements related to the Streetary Program may be adjusted by the City as needed at the City’s sole discretion. Insurance requirements will be further detailed in the Streetary Encroachment Permit.

VI. ANNUAL STREETARY ENCROACHMENT PERMIT REQUIREMENTS AND APPLICATION

PROCESS
Permit Required
SRMC 11.70.020: Permit required. Any person desiring to erect, construct, place or maintain an encroachment upon any existing parking spaces within the public right-ofway for a streetary must first obtain an annual streetary encroachment permit pursuant to this chapter. Each applicant for an annual streetary encroachment permit shall comply with the requirements of this chapter, any other applicable laws, and any regulations and policies adopted pursuant to this chapter.

Permits shall only be issued to applicants with a valid business license issued by the city to operate a food service establishment directly adjacent to the parking spaces within the right-of-way for which a streetary encroachment permit is sought.

All persons operating and/or maintaining a streetary as of the effective date of this ordinance shall be required to obtain a streetary encroachment permit and pay applicable fees no later than December 1, 2022. Failure to obtain a streetary encroachment permit within this time period shall constitute a violation of this chapter and may subject the current streetary operator to closure and/or enforcement pursuant to this chapter.

Application Process
As streetaries are located in the public right of way, the Department of Public Works will be the lead department receiving application materials and issuing streetary permits. Public Works will coordinate with other relevant departments and communicate feedback and decisions to the applicant.

The City is committed to reviewing filed applications as expeditiously as possible and will endeavor to provide a response after an initial round of review within thirty business days.

Further rounds of review may require additional time.

The Streetary Encroachment Permit Application will have two forms, one required and one optional:

1. Streetary Encroachment Permit Form (required for all applicants) September 2022
14 2. Building Permit Application Form (Optional: this is required if streetary will have a structure above 6 feet in height and/or electrical or lighting) All streetaries operating, or applying to operate, in parking spaces within the public right-of-way must obtain a Streetary Encroachment Permit. The Streetary Encroachment Permit Application must be submitted and approved prior to the construction of any new streetary or the modification of any existing Streetary. In addition to the two application forms, the following submittals are required with an application to construct a new streetary:
a. Plan sets are required for both custom design streetaries and modular streetaries.

For custom designed streetaries without an overhead structure, it is recommended that plans are prepared by a design professional, such as an architect or engineer. Applicants requesting an overhead structure are required to submit plans that have been designed and engineered by a licensed design professional. The submitted plans should show the proposed layout of the streetary including:
i. The streetary location (business frontage, site address, parking space number, etc.)
ii. Dimensions of parking stalls, streetary structure including platform, railings, overhead structure (if applicable), stormwater access, and traffic travel lanes in immediate area and in the proposed streetary. iii. Traffic protection measures and dimensions of the setbacks from adjacent parking spaces and adjacent traffic lane.
iv. Location of any adjacent public utilities in the street including curb drains, manhole covers, water shut-off valves, sidewalk utility boxes, streetlight poles, parking meters, gutter drains, fire hydrants, parking meters, etc. v. Plans must demonstrate ADA accessibility and show dimensions of required clearances
b. Materials palette – Use color photo samples to demonstrate i. Materials and plants to be used on platform
ii. Railing materials
iii. Platform materials
iv. Overhead structure materials (if applicable)
c. A valid City of San Rafael Business Tax Certificate, sometimes referred to as a business license.
d. Evidence of current insurance coverage including a Certificate of Liability Insurance and Endorsements
September 2022
15 VII. MAINTENANCE
SRMC 11.70.100(E): Site maintenance. Streetaries shall be maintained free of litter, refuse and debris. The area shall be scrubbed and mopped daily by the permittee to remove any food or drink stains. Such cleaning shall be in accordance with the City’s Storm Water Management and Discharge Control Program, which prohibits any discharge other than rainwater into the storm water drainage system.

Utility Maintenance and Public Safety Emergencies
Because streetaries may sit atop buried utilities, there may be instances where your streetary will need to be temporarily removed to access a utility beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City or utility owner may remove streetaries with little or no notice.

As noted in SRMC Section 11.70.060(F), Permittees are solely responsible for the cost of removing, storing, repairing, and re-installing their streetary in order for such maintenance or emergencies to be addressed without delay or hindrance. The City may use the funds from the Permittee’s Deposit to remove a streetary in this case, if the Permittee fails to cooperate with removal.

Temporary Public Works Projects, Public Maintenance, and Emergency Repairs The City and other agencies conduct temporary renovation projects, public maintenance and emergency repairsfrom time to time, which may impact any given streetary. In this case, the City will make best efforts to provide sufficient notice but may need to remove streetaries with little or no notice. Permittees are solely responsible for the cost of removing, storing, and re-installing their streetary in order for such projects to proceed without delay or hindrance. The City may use the funds from the Permittee’s Deposit to remove a streetary in this case, if the Permittee fails to cooperate with removal. For ease of removal and reinstatement at such times, the City recommends that Permittees consider modular streetary designs that are sturdy yet easily movable.

VIII. ENFORCEMENT, TERMINATION OF PERMIT AND STREETARY REMOVAL Enforcement by City
SRMC 11.70.120 – Enforcement.

A. Any person who violates this chapter shall be guilty of a misdemeanor and may be subject to any and all enforcement proceedings or remedies, including the imposition of penalties as authorized by law. The provisions of this chapter are cumulative to any other remedies authorized by law. Any streetary may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this chapter and permits issued pursuant to this chapter.

B. The city retains the right to revoke a streetary encroachment permit at any time where a violation of this chapter has occurred and/or revocation is necessary to protect the public interest, health, safety and/or welfare of the community. If the director believes that a permittee is in violation of this chapter, the director may issue a notice September 2022
16 of violation to the permittee. The notice of violation shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within 30 days of service of the notice of violation, the violation is corrected or a hearing pursuant to this chapter is requested in writing. If the director or his designee determines that a permittee will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement, the director or their designee shall notify the permittee, either in person or by first class mail, that the permit will be terminated within 30 days of service of the notice of termination.

Termination by Permittee
The Permittee may decide at any point in time that they no longer wish to operate a streetary.

In this case, the Permittee is responsible for notifying the City in writing to [email protected] on the earliest of the following:
• at least 30 days prior to the renewal and annual fee payment deadline • at least 30 days prior to vacating the connected commercial property, or • within 7 days of going out of business
Within 30 days of providing written notice to the City or upon vacating the connected commercial property, whichever occurs first, the Permittee is responsible for removing the streetary and cleaning and restoring the parking space to its previous condition to the satisfaction of the City and at the streetary owner’s own expense. If the Permittee does not comply with the City’s requirements for removal, cleaning and restoration, the City retains the right to use the Deposit for such removal, cleaning, and restoration costs, and the balance of the deposit, if any, will be refunded.

Non-Transferrable
Permits shall only be issued to applicants with a valid business license issued by the City to operate a food service establishment directly adjacent to the parking spaces within the right-ofway for which a streetary encroachment permit is sought. A streetary permit is non-transferable.

Takeover by Landlord
If a permittee terminates their streetary encroachment permit and leaves their streetary in place or otherwise abandons the streetary, the landlord or property owner of the permittee’s adjacent business location may elect to take over the existing Streetary Encroachment Permit for a maximum period of 6 months or the period of time remaining on the annual Permit, whichever is less, provided that the Streetary is in full compliance with these Standards. Thereafter, the landlord or property owner taking over the Streetary must submit for and obtain a new Streetary Encroachment Permit, and pay all related fees (application and annual) and refundable deposit.

SRMC 11.70.080(D): Deviations from adopted standards for existing streetaries. For existing streetaries operating as of the effective date of this ordinance, where the director determines that the streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious September 2022
17 to property and improvements in the neighborhood, the director may grant exceptions or minor modifications to the standards set forth in this chapter.

FOR MORE INFORMATION
For questions or additional information regarding these Standards, the Streetary Permit Application, or related optional Building Permit Applications, please contact Department of Public Works at [email protected].
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.b
Meeting Date: October 3, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: ________
TOPIC: FY 2022-23 CITY OF SAN RAFAEL CANAL MAINTENANCE DREDGING SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONSTRUCTION AGREEMENT FOR THE FY 2022- 23 CITY OF SAN RAFAEL CANAL MAINTENANCE DREDGING PROJECT, CITY PROJECT NO.11423, TO THE DUTRA GROUP, IN A NOT TO EXCEED AMOUNT OF $3,468,000, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $346,800, FOR A TOTAL APPROPRIATED AMOUNT OF
$3,814,800, WHICH INCLUDES A TRANSFER FROM THE GENERAL FUND TO FUND 401 IN THE AMOUNT OF $649,200 TO COVER THE CITY PORTION OF THE DREDGE.

RECOMMENDATION: Adopt the resolution.

BACKGROUND: The United States Army Corps of Engineers (the “Corps”) has been responsible for maintenance dredging of the Federally Authorized Channel in the San Rafael Canal (“Canal”) since 1919, when the Canal was declared a federal waterway. The Canal is 2.5 miles long. The Federally Authorized Channel is comprised of an Inner Channel which is 60 feet wide and 1.5 miles long and an Outer Channel, 100 feet wide and 1 mile in length. The balance of the San Rafael Canal along both the north and south sides is mostly privately owned by adjacent property owners. The City of San Rafael also owns portions of the non-Federally Authorized Channel.

The Corps has dredged the Federally Authorized Channel 13 times since 1930, an average of one dredging project every seven years. The most recent partial dredge (of just the Federally Authorized Channel) took place during the winter of 2011-2012. Prior to that, the last full dredge of the Canal (including several adjacent properties to the Federally Authorized Channel) took place in 2002. In past full dredging projects, the City has coordinated with individual property owners to contract with the same dredging company selected by the Corps so that the property owners benefit from the economies of scale and discounted mobilization and demobilization costs brought by the Corps’ Federal Channel contract.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Corps officially included the San Rafael Canal in its March 2022 work plan, and in June 2022, announced The Dutra Group (“Dutra”) as the Federal dredging contractor, with dredging operations in the Federally Authorized Channel beginning in September 2022.

Staff recommends that the City Council award the City’s Canal Maintenance Dredging Project Contract (“City Contract”) for dredging of the non-Federally Authorized Channel to Dutra. Dutra has submitted a bid to the City with the same unit prices per cubic yard dredging costs as the Federal Contract. The City Contract will include all City parcels and those individual property owners who participated in the City’s umbrella permitting efforts and is expected to begin as early as mid-October 2022.

ANALYSIS:

UMBRELLA PERMITTING: The Corps’ responsibility is to maintain the Federally Authorized Channel; however, they have no responsibility to dredge the more than 160 privately-owned parcels fronting the San Rafael Creek or City-owned parcels. In order to efficiently dredge these non-Federal parcels, the Corps and the regulatory agencies that approve maintenance dredging permits allow the use of an “Umbrella Permit” whereby a single entity (in this case, the City of San Rafael) aggregates the individual requests for dredging into a single umbrella permit.

Beginning in June 2021, the City solicited waterfront property owners, residents and business owners who own property along the San Rafael Canal, to participate in the City’s umbrella permitting process that would allow for a single, streamlined permit process for all. A total of 101 property owners agreed to join the umbrella permitting and dredging effort, including eight Cityowned parcels.

The process of permitting and effecting a maintenance dredge is a special expertise. The City contracted with environmental consultant Haley & Aldrich, Inc. in November 2020 to conduct and prepare the pre-dredge surveys, design and engineering, and permitting application work required to seek regulatory approvals to permit the maintenance dredge of the non-Federal portions of the San Rafael Canal. While working on the umbrella permit application, the City informed the interested property owners that the City and each participating property will pay for their portion of the dredged materials by volume and will also share the cost of the permit development (Haley & Aldrich’s consulting contract) equitably.

All dredging projects in the San Francisco Bay require regulatory permits/approvals from the following agencies:
• U.S. Army Corps of Engineers
• Dredged Material Management Office (DMMO)
• San Francisco Bay Conservation and Development Commission (BCDC) • Regional Water Quality Control Board
• California Fish and Wildlife
The “umbrella permit” obtained by the City will cover all of these required permits/approvals for the City properties and participating private properties.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Upon receipt of the City’s umbrella permit, the City will maintain a ten-year window to dredge.

However, each dredging effort will require an ‘episodic approval’ from the DMMO and a subsequent City of San Rafael Tidelands permit.

The umbrella permitting effort streamlined the process for the City and all participating private property owners and has allowed for a simultaneous dredging project with the Federal Channel in 2022. Staff expect to receive final approvals from the regulatory agencies for all permitted properties submitted in the umbrella permitting process by no later than November 2022.

WAIVER OF FORMAL BIDDING AND AWARD OF CITY CONSTRUCTION AGREEMENT: As has been customary in previous “full dredging” projects in the San Rafael Canal, staff recommends that the City waive formal bidding and award the City Contract to the same contractor as the Corps – The Dutra Group. The City and participating private property owners are anticipated to realize cost savings by contracting with the same Federal contractor for the City Contract.

In Spring 2022, the Corps conducted a formal, competitive bid of the Federal Contract for dredging the Federally Authorized Channel in Summer/Fall of 2022. Two contractors submitted bids to the Corps: The Dutra Group and Lind Marine. The Corps awarded the Federal Contract to Dutra, the lowest responsive bidder.

For the City Contract, the City’s consultant asked both contractors who submitted bids on the Federal Contract, Dutra and Lind Marine, to submit a per unit (cubic yard) rate quote to the City.

Dutra agreed to honor the same unit rates as the Federal Contract. Lind Marine confirmed that they could not match the unit rates that Dutra bid on the Federal Contract.

City staff did not complete a formal competitive bid process for the City Contract. Based on the Federal competitive bidding and price quotes submitted to the City thereafter by the two Federal bidders, the City asked Dutra to submit a formal bid for the City Contract based on dredging plans, individual parcel volume calculations, and front and back-end specifications for the City’s Dredging project. Dutra’s formal bid to the City is a not to exceed amount of $3,468,000. In the bid proposal the Contractor has agreed to use the same bid prices per cubic yard regardless of the number of properties that agree to join the City Contract.

Staff, therefore, recommends that the City Council waive competitive bidding and award the City Contract to Dutra, pursuant to section 11.50.090(B) of the San Rafael Municipal Code, because the following circumstances exist:

1. The work is of a highly specialized nature.

2. There would be no competitive advantage to requiring bidding for the contract.

3. The cost of the work would be significantly increased or its completion significantly delayed by competitively bidding the contract.

MASTER CITY CONTRACT FOR PRIVATE PROPERTY OWNERS: Dutra will not enter into dredging contracts with each individual property owner who participated in the City’s umbrella permitting efforts and wishes to dredge their property this year. Dutra has agreed to a master agreement with the City. If the City Council authorizes the City Contract, the City will administer a master dredge contract with Dutra, covering City and privately-owned parcels.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
In early September, City staff communicated to all individual property owners the estimated costs to cover the City contract for dredging by Dutra, as well as the permitting and construction management services by Haley and Aldrich. The estimated costs were calculated based upon Dutra’s initial price quote and the estimated dredged material per cubic yard of each parcel. The estimated blended rate provided was $27 to $34. The dredge material volumes were estimated based on a bathymetric survey conducted in June 2022. The survey calculates the depth of the existing sediment using satellite data, a standard process used to calculate dredging material to be removed.

Individual property owners who wish to have their properties dredged under the City Contract will be required to enter into a separate reimbursement agreement with the City, under which the property owners will permit the City to dredge their property under the City Contract and require the property owner to pay their portion of the dredging, permitting, and construction management costs. Property owners will be charged a “blended” unit rate, reflecting a blended rate of sediment disposal between SFDODS (for ocean-based disposal) and SF10 (in bay disposal) disposal sites. The “blended” rate will also include Dutra’s discounted mobilization price and umbrella permitting and construction management costs owed by the private owners.

In late September 2022 the City received the official bid from Dutra that included a heavily discounted mobilization cost to extend operations upon completion of the Corps’ project. The bid response increased the blended rate per cubic yard to $28 to $35. These separate agreements will be subject to City Attorney review and approval. (See Fiscal Impact section below for further details.)

Dutra has confirmed a maintenance dredging schedule for all individual City parcels in the nonFederal channel to begin as early as mid-October 2022 through November 30, 2022. Dredging individual parcels will be conducted simultaneously with dredging the Federal channel. Due to State and Federal regulations that prohibit maintenance dredging after November 30, Dutra must cease dredging operations past November 30. If approved by regulatory agencies, the Dredging project may be extended into December 2022. However, Dutra has confirmed that they would resume dredging in June 2023 for any City and private parcels that were not dredged in 2022 under the same rates agreed upon in the proposed master City Contract.

PUBLIC OUTREACH: City staff have been in contact with community members, stakeholders and the general public through the City’s dedicated dredging webpage (www.cityofsanrafael.org/dredging) as well as through email and phone communication since July 2021. Staff have communicated with stakeholders from the Canal community regarding the umbrella permitting effort through the City’s consultant, Scott Bodensteiner of Haley and Aldrich, Inc. and via the City’s dedicated umbrella webpage (Dredging Umbrella Permits - San Rafael (cityofsanrafael.org).

FISCAL IMPACT: The maximum not-to-exceed amount for the master City Contract is $3,468,000. The City’s portion of the agreement is $649,200, which is the amount attributable to dredging eight City-owned parcels. This is based on the City paying the actual rate of the Dredging and Disposal to SFDODS and the blended rate for the Dredging and Disposal to SF10. These rates provide the maximum benefit to the property owners who choose to be part of the dredge, since the city is not benefiting from the blended rate.

The remaining $2,818,800 of the City Contract is the amount attributable to the separate private property owners of the 101 parcels who selected to participate in the City’s Dredging project.

These individual property owners will be required under separate agreements with the City to pay their share of the total permitting, dredging and construction management cost based on SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
their parcel’s actual calculated dredged volume. The individual owners will be required to pay a non-refundable deposit in the amount equal to the estimated dredged volume for the parcel and the cost of disposal and thereafter reimburse the City for any additional cost for their property based on actual post-dredge actual volumes. Total dredging and disposal costs will reflect a blended rate of sediment disposal between SFDODS (for ocean based disposal) and SF10 (in bay disposal) disposal sites. Staff selected a blended approach to allocate costs equitably to all individual property owners and to avoid significantly higher costs for those parcels which required ocean-based sediment disposal.

A total of $3,468,000 will be appropriated from the City’s Capital Improvement Fund #401 to cover the not to exceed amount for this project. $649,200 will also be transferred from the City’s General Fund to the Capital Improvement Fund 401 to account for the City’s eight parcels that will be dredged for this project.

OPTIONS:

1. Adopt the resolution approving and authorizing the City Manager to award and execute the construction agreement with The Dutra Group.

2. Do not award the contract and direct staff to rebid or amend the project contract. If this option is chosen, the project may be delayed by approximately 6 months until the next dredging window opens in June 2023.

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

RECOMMENDED ACTION: Adopt the resolution.

ATTACHMENT:

1. Resolution approving and authorizing the City Manager to award and execute the construction agreement with The Dutra Group.
1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND

AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A
CONSTRUCTION AGREEMENT FOR THE FY 2022-23 CITY OF SAN RAFAEL CANAL MAINTENANCE DREDGING PROJECT, CITY PROJECT NO. 11423, TO THE DUTRA GROUP, IN A NOT TO EXCEED AMOUNT OF $3,468,000, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $346,800, FOR A TOTAL APPROPRIATED AMOUNT OF $3,814,800 WHICH INCLUDES A TRANSFER FROM THE GENERAL FUND TO FUND 401 IN THE AMOUNT OF $649,200 TO COVER THE CITY PORTION OF THE DREDGE.

WHEREAS, the US Army Corps of Engineers (“Corps”) is performing maintenance dredging of the San Rafael Channel in summer of 2022; and WHEREAS, the Corps competitively bid for the dredging contract of the San Rafael Channel and awarded the Federal contract to the Dutra Group (“Dutra”); and WHEREAS, the Corps is only responsible for dredging the Federal Channel which does not extend to City or privately-owned properties, including the docks and marinas, that are adjacent to the Federal Channel; and
WHEREAS, the City and private property owners are responsible for maintaining and dredging their properties, which include from their private docks to the Federal Channel which is in the center of the San Rafael Channel; and WHEREAS, beginning in July 2021, the City contracted with Haley and Aldrich, Inc. to complete an aggregate permitting process to obtain regulatory approval from the California Department of Fish and Wildlife, the Dredged Material Management Office, the Corps, the California State Water Resources Control Board, the Bay Conservation and Development Commission, and the City of San Rafael, known as the “Umbrella Permitting”; and
WHEREAS, the City completed the Umbrella Permitting process and expects to obtain the regulatory permits required to complete dredging of the City and privatelyowned properties beginning as early as mid-October 2022; and WHEREAS, Dutra has submitted a formal bid to the City to enter into a contract (“City Contract”) to perform the same dredging services for City-owned and privatelyowned properties adjacent to the Federal Channel based on the same unit rates as the Federally-bid contract; and
WHEREAS, the City informally solicited a price quote from Lind Marine, the only other bidder in the Corps Federal dredge contract, who confirmed that they could not provide a more competitive bid than Dutra because of the mobilization and highly specialized nature of equipment required to dredge all parcels and dispose of material at all permitted disposal sites; and
WHEREAS, competitive bidding may be waived under Section 11.50.090 of the San Rafael Municipal Code for the City Contract because the work is of a highly 2 specialized nature; there would be no competitive advantage to requiring bidding for the contract; and the cost of the work would be significantly increased or its completion significantly delayed by competitively bidding; and
WHEREAS, as part of the bid proposal, Dutra has agreed to use the same bid prices per cubic yard of dredge material regardless of the number of properties that agree to join the City Contract; and
WHEREAS, City staff has apportioned an additional 10% of the bid price for contingencies in the amount of $346,800; and
WHEREAS, upon award of the City Contract to Dutra, the City will enter into a separate reimbursement agreement with each individual property owner who elects to have their property dredged under the City Contract, under which the individual owner must pay a non-refundable deposit and reimburse the City for its share of costs in undertaking the Umbrella Permit and dredging for the property.

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

1. The plans and specifications for the “FY 2022/23 CITY OF SAN RAFAEL CANAL DREDGING PROJECT”, City Project No.11423 on file in the Department of Public Works, are hereby approved.

2. Competitive bidding requirements are hereby waived under Section 11.50.090 of the San Rafael Municipal Code.

3. The maximum not to exceed amount of $3,468,000 is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to The Dutra Group, at the stated unit prices.

4. The City Manager is authorized and directed to execute the contract for the project with The Dutra Group at 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.

5. Funds totaling $3,814,800 shall be appropriated for this project (Project No. 11423) from the Capital Improvement Fund (#401).

6. Funds totaling $649,200 shall be appropriated for this project (Project No 11423) and transferred from the General Fund to the Capital Improvement Fund (#401) to account for dredging and permitting costs for the eight City owned parcels to be dredged.

7. 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.
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 3rd of October 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________________
LINDSAY LARA, City Clerk