San Rafael City Council
December 5, 2022

Timeframe: Construction of the proposed Project would take approximately 3.5 months in 2023.

REGULATORY REQUIREMENTS
Lake and Streambed Alteration
CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et seq., for Project activities affecting lakes or streams and associated riparian habitat.

Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake, or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to LSA Notification requirements. As described in the MND (page 62), the Project would impact San Rafael Creek, and therefore an LSA Notification would be required, as further described below.

CDFW would consider the CEQA document for the Project and may issue an LSA Agreement. CDFW may not execute the final LSA Agreement until it has complied with CEQA as a Responsible Agency.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the document. Based on the Project's avoidance of significant impacts on biological resources with implementation of mitigation measures, including those CDFW recommends below which are also included in Attachment 1, Draft Mitigation and Monitoring Reporting Plan, CDFW concludes that an MND is appropriate for the Project.

I. Project Description and Related Impact Shortcoming
Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by CDFW or the U.S. Fish and Wildlife Service (USFWS)? Comment 1: Riparian habitat and LSA Notification, Page 62 Issue: The MND does not include a mitigation measure ensuring that impacts to riparian habitat will be reduced to less-than-significant by requiring compliance with LSA Notification requirements.

DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

Specific impacts, why they may occur and be potentially significant: The Project may substantially adversely affect riparian habitat by removing riparian habitat, resulting in the loss or degradation of this vulnerable habitat type. The MND states that the Project will require an LSA Agreement and 401 and 404 water quality certifications, and that restoration and other permit conditions required by these permits will reduce impacts to less-than-significant (Page 62); however, obtaining the above permits is not required in an enforceable mitigation measure.

Recommended Mitigation Measure: To reduce potential impacts to riparian vegetation to less-than-significant and comply with LSA requirements pursuant to Fish and Game Code section 1600 et seq., CDFW recommends including the mitigation measure below.

Lake and Streambed Alteration. The Project shall submit an LSA Notification to CDFW prior to the start of Project activities and comply with all conditions of the LSA Agreement, if issued. The Project shall also obtain 401 and 404 water quality certifications pursuant to the Clean Water Act and comply with these permits.

II. Environmental Setting and Related Impact Shortcoming Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW or USFWS?
COMMENT 2: Napa false indigo (Amorpha californica var. napensis), bent-flowered fiddleneck (Amsinckia lunaris), Koch’s cord moss (Entosthodon kochii), and other special-status plants, Pages 28 and 30-47.

Issue: The species table on pages 30 through 47 includes several special-status plant species with an “unlikely” Occurrence Potential despite the presence of habitat. The table states that Napa false indigo has an occurrence two miles southwest of the Project site, bent-flowered fiddleneck has an occurrence 4 miles west of the Project site, and Koch’s cord moss has an occurrence 8.6 miles northwest of the Project site.

Amorpha species related to Napa false indigo are spread downstream in river systems, and Amsinckia species related to bent-flowered fiddleneck can be carried long distances by humans and animals (DiTomaso 2000). In both cases, it appears that the potential exists for these species to occur at the Project site despite the barrier of urbanization.

Bryophytes including mosses such as Koch’s cord moss are less affected by urbanization and habitat degradation than vascular plants (McCune et al. 2020), and locally and regionally uncommon bryophytes may be found in areas highly disturbed by DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

human activity, including urban centers (Sabovljevic and Grdovic 2009, Zarnowiec 1996). Based on the ability of related species to persist in urban environments, this species of moss may be present at the Project site.

Specific impact, why the impact would occur, and evidence impact would be significant: Special-status plants may be impacted by ground-disturbing activities and vegetation removal. For example, vehicle, equipment and foot traffic may bury, excavate, crush, trample, or disturb special-status plants. Soil disturbance may result in permanent loss of special-status plants.

Napa false indigo is a California Rare Plant Rank (CRPR) 1B.2 species, bent-flowered fiddleneck is a CRPR 1B.2 species, and Koch’s cord moss is a CRPR 1B.3 species.

Plants with a CRPR of 1B are rare throughout their range, endemic to California, and are seriously or fairly threatened. Most plants that are ranked 1B have declined significantly over the last century (CNPS 2021). Napa false indigo and bent-flowered fiddleneck have the additional threat rank of 0.2, indicating that 20 to 80 percent of their occurrences are threatened (CNPS 2021).

Impacts to special-status plants including Napa false indigo, bent-flowered fiddleneck, and Koch’s cord moss may result in local population declines or extirpation of the species. Insufficient mitigation may result in prolonged temporal or permanent impacts to a special-status plant species’ range, distribution, and population in the State.

Therefore, if special-status plants such as Napa false indigo, bent-flowered fiddleneck, and Koch’s cord moss would be directly or indirectly impacted by the Project, impacts would be potentially significant.

Recommended Mitigation Measure: For an adequate environmental setting and to reduce impacts to special-status plants to less-than-significant, CDFW recommends including the below mitigation measure.

Pre-Project Special-Status Plant Surveys. Prior to the start of Project activities, a Qualified Biologist shall conduct a habitat assessment for special-status plants in all areas that will be directly or indirectly impacted by the Project. If potential habitat for special-status plants is present, botanical surveys shall be conducted during the appropriate blooming period and conditions for all special-status plants that have the potential to occur within or near the Project where they may be directly or indirectly impacted by for example, modifications to hydrological conditions. More than one year of surveys during appropriate conditions may be necessary. Surveys and associated reporting shall be conducted according to CDFW’s Protocol for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities2.

The survey reports shall be submitted to CDFW prior to the start of construction. Project

2 CDFW, 2018. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

activities shall not proceed until CDFW has provided written approval of the survey reports. If any special-status plant species are observed, the Project shall fully avoid direct and indirect impacts to all individuals and prepare and implement a CDFWapproved avoidance plan prior to Project activities. If impacts to special-status plants cannot be avoided, the Project shall provide habitat compensation at a minimum 3:1 mitigation to impact ratio including permanent protection of habitat through a conservation easement and funding and implementing a long-term management plan, prior to Project activities, unless otherwise approved in writing by CDFW.

COMMENT 3: Foothill yellow-legged frog (Northwest/North Coast Clade) (Rana boylii),

Issue: The MND does not include a survey requirement for foothill yellow-legged frog.

The MND identifies that the Project is over four miles from current known occurrences of the species and that that the Project site is surrounded by urban habitat that may present a movement barrier. However, foothill yellow-legged frog may disperse through or into the Project site via San Rafael Creek or tributaries.

Specific impacts, why they may occur and be potentially significant: If present at the Project site, foothill yellow-legged frogs could be crushed or entombed by soil or equipment during construction. The Northwest/North Coast Clade of foothill yellowlegged frog is a California Species of Special Concern (SSC). The SSC designation is given to species native to California satisfying one or more of the following criteria: 1) is extirpated from the State or, in the case of birds, is extirpated in its primary season or breeding role; 2) is listed as Federally-, but not State threatened or endangered; 3) meets the State definition of threatened or endangered but has not formally been listed; 4) is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or endangered status; or 5) has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status. Therefore, if foothill yellow-legged frog is present at the Project site, impacts to foothill yellow-legged frog would be potentially significant.

Recommended Mitigation Measure: For an adequate environmental setting and to reduce potential impacts to foothill yellow-legged frog to less-than-significant, CDFW recommends including the mitigation measures below.

Foothill Yellow-Legged Frog Survey Methodology. A Qualified Biologist shall provide a foothill yellow-legged frog survey methodology to CDFW for review and written approval no less than 30 days prior to beginning Project activities, unless CDFW approves otherwise in writing. No Project activities shall begin until foothill yellow-legged frog surveys have been completed using a method approved by CDFW. Survey DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

methodology shall target all life stages and shall have an adaptive management approach based on the stream conditions at the time of surveys (i.e., whether ponded or flowing water is present, or whether the stream has been completely dry for less than 30 days). Surveys within and adjacent to the Project activity area shall include searching suitable habitat including but not limited to cavities under rocks, within vegetation such as sedges and other clumped vegetation, and under undercut banks, no less than 50 feet from the streambed and 500 feet upstream and downstream of the Project activity area. Surveys should be conducted at different times of day and under variable weather conditions if possible.

Foothill Yellow-Legged Frog Surveys. Prior to starting Project activities, a Qualified Biologist shall conduct surveys for foothill yellow-legged frog using a CDFW-approved methodology (see above Mitigation Measure). If foothill yellow-legged frogs, their eggs, or any other special-status species, are found, CDFW shall be notified immediately and construction shall not occur without written approval from CDFW allowing the Project activities to proceed. If foothill yellow-legged frog egg masses are observed in a stream that is scheduled for dewatering, dewatering shall not occur until an egg mass relocation plan is approved in writing by CDFW and implemented. In the event adult foothill yellow-legged frogs are observed, a temporary wildlife exclusion fence shall be installed, if requested by CDFW, to prevent frogs and/or other special-status species from entering the work site. The results of the survey shall be submitted to CDFW for written acceptance prior to starting Project activities. If the Project has collected data that the stream has been completely dry for greater than 30 days prior to starting Project activities, and no water or moist areas within the streambed exist within 500 feet upstream and downstream of the Project, then the Project may request CDFW written approval that a survey methodology and surveys for foothill yellow-legged frogs are not necessary.

Please be advised that an LSA Agreement issued for the Project would likely include the above recommended mitigation measures, as applicable.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources.

Questions regarding this letter or further coordination should be directed to Alex Single, Environmental Scientist, at (707) 799-4210 or [email protected]; or Melanie Day, Senior Environmental Scientist (Supervisory), at (707) 210-4415 or [email protected].

Sincerely,
Erin Chappell
Regional Manager
Bay Delta Region
Attachment 1. Draft Mitigation and Monitoring Reporting Plan ec: Office of Planning and Research, State Clearinghouse (SCH No. 2022100506) DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

REFERENCES
Blagojević, M et al. 2015 Seed Bank of Amorpha 8ruticose L. on Some Ruderal Sites in Serbia. Journal of Agricultural Science and Technology. 122-128.

CDFW. 2016. A status review of the northern spotted owl (Strix occidentalis caurina) in California. Report to the Fish and Game Commission, California Department of Fish and Wildlife, Sacramento, CA, USA.

DiTomaso, J. M. 2000. Invasive weeds in rangelands: Species, impacts, and management. Weed Science 48:255-265.

Hayward, L. S., A. E. Bowles, J. C. Ha, and S. K. Wasser. 2011. Impacts of acute and long-term vehicle exposure on physiology and reproductive success of the northern spotted owl. Ecosphere 2:65.

McMune, J. L., C. J. Frendo, M. Ramadan, L. K. Baldwin. 2021. Comparing the effect of landscape context on vascular plant and bryophyte communities in a humandominated landscape. Journal of Vegetation Science 32: e12932.

Sabovljevic, M. and S. Grdovic, 2009. Bryophyte Diversity Within Urban Areas: Case Study of the City of Belgrade (Serbia). International Journal of Botany 5: 85–92.

International Journal of Botany, 5: 85–92.

Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.

USFWS. 2020. Revised Transmittal of Guidance: Estimating the Effects of Auditory and Visual Disturbance to Northern Spotted Owls and Marbled Murrelets in Northwestern California.

USFWS. 2019. Protocol for Surveying Proposed Management Activities That May Impact Northern Spotted Owls.

Zarnowiec, J. 1996. The bryoflora of urban areas - A floristic-ecological case study of Oświçcim town (S Poland). Fragmenta Floristica et Geobotanica 41(1): 355–371.

DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

Attachment 1
Draft Mitigation and Monitoring Reporting Plan
Biological Resources (BIO)
Mitigation
Measure
(MM)
Description Timing Responsible
Party
BIO-4
Lake and Streambed Alteration. The Project shall
submit an LSA Notification to CDFW prior to start of
Project activities and comply with all conditions of the LSA Agreement, if issued. The Project shall also
obtain 401 and 404 water quality certifications
pursuant to the Clean Water Act and comply with
these permits.

Prior to Ground
Disturbance
and continuing
over the course
of the Project
Project
Applicant
BIO-5
Pre-Project Special-Status Plant Surveys. Prior to the
start of Project activities, a Qualified Biologist shall conduct a habitat assessment for special-status
plants in all areas that will be directly or indirectly impacted by the Project. If potential habitat for
special-status plants is present, botanical surveys
shall be conducted during the appropriate blooming
period and conditions for all special-status plants that have the potential to occur within or near the Project
where they may be directly or indirectly impacted by
for example, modifications to hydrological conditions.

More than one year of surveys during appropriate
conditions may be necessary. Surveys and
associated reporting shall be conducted according to
CDFW’s Protocol for Surveying and Evaluating
Impacts to Special-Status Native Plant Populations
and Sensitive Natural Communities. The survey
reports shall be submitted to CDFW prior to the start
of construction. Project activities shall not proceed
until CDFW has provided written approval of the
survey reports. If any special-status plant species are observed, the Project shall fully avoid direct and
indirect impacts to all individuals and prepare and
implement a CDFW-approved avoidance plan prior to
Project activities. If impacts to special-status plants cannot be avoided, the Project shall provide habitat
compensation at a minimum 3:1 mitigation to impact
ratio including permanent protection of habitat through Prior to Ground
Disturbance
Project
Applicant
DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

a conservation easement and funding and
implementing a long-term management plan, prior to
Project activities, unless otherwise approved in writing by CDFW.

BIO-6
Foothill Yellow-Legged Frog Survey Methodology. A
Qualified Biologist shall provide a foothill yellowlegged frog survey methodology to CDFW for review and written approval no less than 30 days prior to
beginning Project activities, unless CDFW approves
otherwise in writing. No Project activities shall begin until foothill yellow-legged frog surveys have been
completed using a method approved by CDFW.

Survey methodology shall target all life stages and
shall have an adaptive management approach based
on the stream conditions at the time of surveys (i.e.,
whether ponded or flowing water is present, or
whether the stream has been completely dry for less
than 30 days). Surveys within and adjacent to the
Project activity area shall include searching suitable
habitat including but not limited to cavities under
rocks, within vegetation such as sedges and other
clumped vegetation, and under undercut banks, no
less than 50 feet from the streambed and 500 feet
upstream and downstream of the Project activity area.

Surveys should be conducted at different times of day
and under variable weather conditions if possible.

Prior to Ground
Disturbance
Project
Applicant
BIO-7
Foothill Yellow-Legged Frog Surveys. Prior to starting
Project activities, a Qualified Biologist shall conduct surveys for foothill yellow-legged frog using a CDFWapproved methodology (see above Mitigation Measure). If foothill yellow-legged frogs, their eggs, or any other special-status species, are found, CDFW
shall be notified immediately and construction shall
not occur without written approval from CDFW
allowing the Project activities to proceed. If foothill yellow-legged frog egg masses are observed in a
stream that is scheduled for dewatering, dewatering
shall not occur until an egg mass relocation plan is
approved in writing by CDFW and implemented. In
the event adult foothill yellow-legged frogs are
observed, a temporary wildlife exclusion fence shall
be installed, if requested by CDFW, to prevent frogs
and/or other special-status species from entering the
work site. The results of the survey shall be submitted to CDFW for written acceptance prior to starting
Prior to Ground
Disturbance
Project
Applicant
DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022

Project activities. If the Project has collected data that the stream has been completely dry for greater than
30 days prior to starting Project activities, and no
water or moist areas within the streambed exist within
500 feet upstream and downstream of the Project,
then the Project may request CDFW written approval
that a survey methodology and surveys for foothill
yellow-legged frogs are not necessary.

DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.d
Meeting Date: December 5, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Cory Bytof,
Sustainability Program Manager
City Manager Approval: __________

TOPIC MARIN SANITARY SERVICE RATES FOR 2023

SUBJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING MAXIMUM RATES COLLECTED BY MARIN SANITARY

SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION
AND DISPOSAL SERVICES, TO BE EFFECTIVE JANUARY 1, 2023.

RECOMMENDATION
Adopt a resolution approving maximum rates collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be effective January 1, 2023.

EXECUTIVE SUMMARY
This report details the rate adjustment proposal for 2023 necessary for Marin Sanitary Service (MSS) to provide refuse, recycling, and organic materials composting, hauling, and processing for customers (“rate payers”) in San Rafael. Rate payers include residential homeowners, apartment owners, commercial property owners, and other businesses and tenants that pay solid waste bills from MSS. The proposed rate adjustment would allow MSS to increase rates by up to a maximum of 7.15% over 2022 levels for all rate payers. It includes adjustments based on the contractually agreed-upon rate-setting methodology the City has with Marin Sanitary Service and an extension of the Illegal Dumping Pilot Program. The proposed rate adjustment is based upon an independent third-party review of MSS’s costs of providing the service by R3 Consulting Group, Inc. (R3).

BACKGROUND
Each year, the City Council holds a public hearing to approve the maximum collection rates that can be charged by MSS to customers in the City of San Rafael. These rates are based on a specific methodology contained in the Franchise Agreement the City has with MSS. This methodology was changed in 2018 when the Council adopted the third amendment to the Franchise Agreement with Marin Sanitary Service. The Background section of this report provides the overall context of the rate-setting process, the services MSS provides in San Rafael, and relevance to State law.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Franchise Agreement and Franchisors’ Group
Article XI of the California Constitution and the California Public Resources Code allows cities to regulate refuse and recycling services and to collect a franchise fee from any provider of such services. MSS is our sole provider of refuse hauling and recycling services and performs these services in many surrounding communities as well. These services are pursuant to a Franchise Agreement between the City and MSS, which outlines the services that must be provided by MSS as well as a methodology to be followed to set customer rates each year.

All of the jurisdictions in Marin that have similar agreements with MSS work together to share information and reduce costs: the City of San Rafael, City of Larkspur, the Towns of Ross, San Anselmo, and Fairfax, the Las Gallinas Valley Sanitary District, and the County of Marin. This Marin franchisors’ group (“franchisors”) meets throughout the year to oversee MSS’s operations and works together to conduct a single annual rate review analysis rather than each jurisdiction having to conduct and pay for a separate review.

Our current Franchise Agreement is the “Fourth Amendment to the Amendment and Restatement of Collection Agreement of the City of San Rafael with Marin Sanitary Service” and was approved by Council in December 2021. The prior third amendment approved in December 2018 contains a rate-setting methodology based on actual cost of service with a portion tied to a common index:
the CPI index for Water and Sewer and Trash Collection. This methodology is intended to provide relatively stable and predictable rates, continued verifiable high levels of service, and a simplified and cost-effective rate-setting methodology that also improves accuracy and transparency.

State Law
In 2016, recognizing the negative impacts of organic materials decomposing in landfills on climate change, the State of California started mandating that businesses with certain thresholds of refuse disposal compost their organic materials (Assembly Bill (AB) 1826 enacted 2014). Beginning January 2022 Senate Bill (SB) 1383, enacted in 2017, now requires that all residents and businesses divert their organic waste. SB 1383 also places new requirements on local governments to implement, monitor and enforce participation in organic waste diversion programs, and the California Department of Resources Recycling and Recovery (CalRecycle) is authorized to fine local governments that don’t comply. The franchisors have been working with R3 to ensure compliance with SB 1383 and assess opportunities to create economies of scale working together to implement the law.

Marin Sanitary Service Programs and Services
MSS provides residential, commercial and multi-family refuse services, including garbage, recycling and organics (food waste and green waste diversion) collection and processing. MSS also provides garbage and recycling pick-up for City facilities, parks, and all sidewalk receptacles downtown and throughout San Rafael. MSS is a key partner in the City’s environmental goals as well as the City and County’s zero waste goals. MSS conducts the majority of the outreach for the City for the State’s Mandatory Commercial Recycling and Mandatory Composting laws (AB 341, enacted in 2011, AB 1826, and SB 1383), which place requirements on businesses to recycle and divert organic waste and require annual monitoring and notifications to non-compliant businesses. MSS also has a robust community outreach and education program, and conducts numerous programs and community offerings, including an annual free compost giveaway and customer education event. All their services including the “Where Does it Go, Joe” recycling lookup feature can be found on their website at MarinSanitaryService.com.

ANALYSIS
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
A. Proposed Maximum Rate Adjustment for 2023
History of Rate Adjustments
Over the past ten years, rate adjustments for San Rafael have ranged from less than one percent to over 9% with an average of 4.71% annually. Last year’s adjustment was 2.39% and included an Illegal Dumping Pilot project which is being proposed to continue, and a third and final adjustment to the Refuse Vehicle Impact Fee. Many factors contribute to the fluctuation in rates for refuse haulers, including a growing amount of solid waste, recycling, and organic (compostable) materials generated by residents and businesses, the costs of processing recyclables and organic materials, changes in the value of recyclable materials, landfill fees, increasing costs of labor and insurance, and changes in State laws and government fees.

Rate Review and Adjustment
Attachment B is the independent third-party analysis and report of Marin Sanitary Service’s 2023 Rate Application, which was conducted byR3. San Rafael’s calculated rate adjustment is 7.15%.

As shown in the report, Collector Operations comprised the largest portion of the rate adjustment and was calculated using the Consumer Price Index (CPI) for Water, Sewer and Trash Collection, which was double the rate in 2021. Much of this is attributed to, and closely tracks, current inflation levels.

The second largest contribution to the rate adjustment is the Rate Revenue Reconciliation at

2.3%. The impacts of COVID-19 are still being felt and subscription levels were down dramatically as is the case with all haulers throughout the Bay Area. Last year MSS was able to receive forgiveness of their Paycheck Protection Program loan for 2020 resulting in no negative impact to the rates. However, MSS experienced a shortfall of $613,327 in 2021 billed revenues compared to the 2021 revenue requirement, which does negatively impact the rate this year. This was anticipated and was communicated last year during the rate review.

Finally, this is also the third and final year of three of an increase in the City’s Refuse Vehicle Impact Fees, which are increasing by $345,667 over 2022, contributing 1.3% to the overall rate adjustment. Two items that reflected positively in the rates this year were a reduction in costs for Recyclable Materials Processing due to an increase in value of recyclable commodities sold by MSS and a reduction in costs for R3’s support of SB 1383 implementation. Together, these items contributed a total 0.62% reduction to the rate adjustment.

Illegal Dumping Program
Two years ago, a cross-departmental Together San Rafael Team (“Team”) developed a 5-year plan with a robust goal of 50% reduction in dumping by 2025. The Team was expanded last year to include MSS, R3, Gigantic Idea Studios, the Mattress Recycling Council, and Conservation Corps North Bay. This year we expanded to include community members through Voces del Canal, Mujeres Empoderadas, and the Canal Community Resilience Council.

Part of the early work of this project was to better understand who is dumping and why, as well as what types of materials are most prevalent. The Team has identified three major types of dumpers with the understanding that each type requires different solutions to achieve success:

Casual Dumpers, who usually are renters that have no access to free, on-site disposal and set things out on the curb; Illicit Dumpers, who know this is illegal, have large amounts of items to dispose of, and seek out-of-the-way locations to dump; and dumpers who are experiencing homelessness. These pilots focus on the first two, while the Team has collaborated with the Health and Safety Committee to assist with waste management related to homelessness.

Last year was the third year of pilot projects aimed at understanding the upstream causes of the problem, identifying potential solutions, and conducting activities for different types of dumping SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
based on three key areas of focus:
• Access to inexpensive disposal options
• Education and community engagement
• Targeted enforcement
The pilot programs focused primarily on disposal options and community engagement. While single family homeowners can have bulky items picked up curbside twice a year, renters in multifamily units have no such option and the Team has been conscious about bringing an equity lens to the analysis. Thus, the pilots have been primarily focused on providing cost-effective disposal options that adequately address people’s needs.

In 2022, the following pilots and activities were conducted:

1. 12 Monthly Bulky item drop-off days at Pickleweed Park targeting our neighborhoods with the most prevalent illegal dumping in the Canal and near downtown.

2. A pilot in conjunction with the Mattress Recycling Council to test an on-call bulky item pickup program in partnership with a small group of apartment managers.

3. A “Hot Spot” campaign of data analysis, mapping, and surveillance camera installations with enforcement in locations where dumping is a common occurrence.

4. A service-level analysis of multi-family properties, and a policy analysis for potential permanent policy considerations with regard to minimum refuse and recycling service levels and bulky item disposal.

5. A “What to do with Unwanted Junk” flyer and magnet sent to all multifamily tenants in San Rafael with a QR code to a City informational web page.

6. Mini-grants and commercial vouchers for businesses that experience dumping on their property.

7. Continued tracking and curing of dumping data to measure pre and post intervention results (including types of material, amounts, and locations) and updates to our data dashboard.

Proposed 2023 pilots and activities can be broadly categorized into the following areas:

1. Continue the successful Bulky Item Drop-off events to offer consistent, monthly disposal opportunities.

2. Continue the mini-grant program for businesses.

3. Continue our analysis of policy language and potential rate restructuring to address the lack of service options for multifamily tenants and managers for disposal of bulky items including mattresses with the intent of bringing final policy considerations to Council in late 2023.

Analysis by City staff, R3 and our community partners, including MSS, has concluded that the bulky item drop-off days have been the most successful and cost-effective disposal options for renters to date. Community members appreciate the events and have provided input on ways to maximize participation. Additionally, they are helpful for apartment managers trying to do the right thing with limited resources. A major challenge identified last year was the need to effectively market the events to ensure that they are well known and utilized throughout the community.

Community surveys conducted in October showed that a full 50% of Canal residents now know about these days, and we recorded a significant increase in participation and tonnage of materials disposed of the second half of the year. In addition, there was a 25% drop in illegal dumping pickups up by the Department of Public Works in 2022 in the Canal neighborhood. Though there is not enough data to establish causation at this point, the correlative data combined with the increase in community knowledge gives staff hope that this will be a solid long-term solution to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
consider.

In addition, the pilots for 2023 will continue to conduct Hot Spot campaigns and targeted enforcement, an exploration of policy options, and increased data gathering and mapping to measure progress and uncover additional solutions. Data gathering is critical and was still being refined this year due to the number of people in different departments collecting data, and 2022 was our first year of ensuring consistency across departments.

Importantly, to address a key barrier for renters, the Team will continue to explore on-call bulky item collection options for tenants who don’t have the ability to transport to the bulky item days.

Staff and R3 will conduct a policy and cost analysis that combines free or low-cost disposal opportunities with increased enforcement against properties that allow accumulation of dumped materials (“carrot and stick approach”). This would essentially make bulky items another part of waste management for property owners much like current trash bin refuse, recycling and composting. However, the financial and equity analysis is crucial to understanding the relative merits and potential unintended consequences.

Business resources will include additional mini-grants for protective measures for private property owners who are experiencing dumping on their properties. Enforcement mechanisms will continue to be implemented, including sign installation and surveillance cameras in Hot Spots, which are separate from these rate-funded pilots.

This suite of proposed pilot programs, data gathering, and analysis carries an estimated cost of approximately $127,000, commensurate to previous years. Staff will offset some of the costs through use of the City’s annual Zero Waste Grant, reducing the amount to a total $100,000 in proposed new funds, or 0.4% impact to the 2023 rate adjustment. The Team will also seek other funding such as through CalRecycle in an effort to increase activities and reduce impact to the rates. The 2023 Illegal Dumping Funding Memo with more detail is included as Attachment C.

Conclusion
R3 reviewed the application and all relevant documents and financial schedules with MSS, including the Illegal Dumping Pilot extension. The full schedule of rate adjustment line items can be found on page 1 of Attachment B: Review of Marin Sanitary Service’s 2023 Rate Application.

Staff has reviewed the rate adjustment and programs with a Council Subcommittee comprised of Councilmembers Bushey and Llorens Gulati, resulting in the staff recommendation to approve allowing the maximum amount to be collected in 2023 with a rate adjustment of 7.15%.

This rate adjustment would result in an overall increase of $3.35 per month for a residential 32- gallon cart, which is the most common cart size, for a total monthly fee of $50.19. For a common commercial size there would be an overall increase of $41.37 per month for a 3 cubic yard bin, for a monthly total of $620.02. Recycling is included in all accounts and customers can reduce their regular landfill container size or pickup schedule resulting in a lower rate by recycling and by reducing overall waste generation. Organics recycling is also provided, which is automatically part of the residential rates, and approximately 60% reduction of refuse service for the commercial composting program.

R3 conducted a survey of Bay Area solid waste rates as part of the rate review, included on the last page of their report. It summarizes the survey data for residential 30-35 gallon can weekly service with curbside recycling and organics pickup. However, note that proposed 2023 rates are not yet available for other jurisdictions. This summary compares proposed San Rafael 2023 base rates to other jurisdictions’ 2022 actual rates, which will likely also increase. Using this SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
comparison, San Rafael’s rates are slightly higher than other Bay Area jurisdictions and slightly lower than most other Marin jurisdictions. It is important to note that jurisdictions often provide different services and service levels, so the comparisons are not apples-to-apples. San Rafael’s rates have traditionally been comparable with rates in other Bay Area jurisdictions, while often providing more services.

As in previous years, staff is recommending that the approved maximum rate adjustment be applied across the board to all residential, multi-family and commercial service accounts. Actual maximum rates for all services are provided in Attachment A as Exhibit C - Schedule of Rates.

COMMUNITY OUTREACH
Notice of the public hearing was published twice in the Marin Independent Journal (Attachment D) and emailed to all names on file with the City Clerk and City Manager’s Office. Information on the maximum annual rate that MSS may collect has been available at the City Clerk’s office during the 10 days prior to the public hearing. The proposed rate information was also provided directly to the San Rafael Chamber of Commerce, the Business Improvement District, Marin Builder’s Association, and other interested parties.

FISCAL IMPACT
Exhibit C to the resolution contains the complete maximum rate request. If approved, the maximum rates would be authorized for all customer types and service options and satisfies the City’s contractual obligations to meet the MSS revenue requirement to cover costs for San Rafael refuse and recycling services, including franchise fees.

OPTIONS

1. Adopt a resolution approving maximum rates collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be effective January 1, 2023 for a total increase of 7.15% over 2022 rates.

2. Adopt the resolution with modifications.

3. Do not adopt the resolution at this time and direct staff to come back with more information.

RECOMMENDED ACTION
Adopt a resolution approving maximum rates collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be effective January 1, 2023.

ATTACHMENTS
Attachment A: Resolution with Rate Schedule (marked as Exhibit C) Attachment B: R3 Review of MSS Rate Application, including Bay Area Rate Survey Attachment C: R3 2022 Illegal Dumping Funding Memo
Attachment D: Public Hearing Notice
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR

REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL
SERVICES, TO BE EFFECTIVE JANUARY 1, 2023
WHEREAS, the City of San Rafael and Marin Sanitary Service have entered into an “Amendment and Restatement of Collection Agreement of the City of San Rafael and Marin Sanitary Service,” dated September 4, 2001 and amended by a written first amendment dated March 1, 2005, a written second amendment dated November 14, 2012, a written third amendment dated February 25, 2019, and a written fourth amendment approved by the City Council on December 6, 2021 (hereafter the “Franchise Agreement”); and WHEREAS, Section 3 (B) of the Franchise Agreement provides for maximum rates allowed to be collected by Marin Sanitary Service, to be approved from time to time by the City Council; and WHEREAS, Exhibit "C" of the Franchise Agreement provides rate schedules, to be approved by the City Council; and
WHEREAS, Marin Sanitary Service has submitted a rate application request for 2023 using the methodology outlined under Section 3 (A) of the Franchise Agreement; and WHEREAS, the City of San Rafael has conducted a review of said rate application based on a formula determined by Marin Sanitary Service’s actual cost of service and produced a report concurring with Marin Sanitary Service’s rate and fee adjustments; and WHEREAS, the rates for solid waste service are set and imposed by MSS, and by adopting this resolution, the City does not intend to impose any rates, fees, or charges. However, to the extent that the adoption of this resolution results in the City’s imposition of any fees, rates, or charges for services or facilities in connection with a solid waste system, those charges are adopted pursuant to California Health and Safety Code section 5471; and WHEREAS, on December 5, 2022, the City Council held a duly noticed public hearing to consider the rate application request and receive public testimony thereon; and WHEREAS, the City of San Rafael has determined that such rate and fee adjustments are proper, in the best interest of all citizens, and will promote public health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The schedule of maximum rates and fees attached hereto as "Exhibit C" and incorporated herein by reference, is hereby approved to be collected by Marin Sanitary Service for refuse and recyclable material collection and disposal 2 services, at an increased rate of 7.15% from 2022, to be effective January 1, 2023. Said “Exhibit C” shall be incorporated as the revised Exhibit "C" to the Franchise Agreement.

I, Lindsay Lara, City 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 5
th of December 2022, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
__________________________
LINDSAY LARA, City Clerk

FINAL REPORT
City of San Rafael
Submitted electronically on October 22, 2020
submitted electronically: November 18, 2022
Review of Marin Sanitary Services’
2023 Rate Application
450 14th Street, Suite 350, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com November 18, 2022
Ms. Cristine Alilovich
Assistant City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94919
submitted vía email: [email protected] SUBJECT: Final Report – Review of Marin Sanitary Service’s 2023 Rate Application Dear Ms. Alilovich,
R3 Consulting Group, Inc. (R3) is pleased to submit this report detailing the results of our review of Marin Sanitary Service’s (MSS’s) 2023 rate application for the City of San Rafael.

This review was conducted pursuant to R3’s engagement with the seven agencies (Agencies) served by MSS, including the City of San Rafael, City of Larkspur, County of Marin, Las Gallinas Valley Sanitary District, Town of Ross, Town of Fairfax, and the Town of San Anselmo.

This report summarizes results from our review of MSS’s 2023 indexed rate application per the streamlined rate setting methodology established in 2019. The methodology is described in the amended Exhibit B to the Franchise Agreement that the Town holds with MSS. * * * * *
We appreciate the opportunity to be of service to the Town. Should you have any questions regarding this report or need any additional information, please do not hesitate to reach out directly.

Sincerely,
Jim Howison | Sr. Managing Consultant
R3 Consulting Group, Inc.
925.768.7244 | [email protected]

1. FINDINGS
City of San Rafael | Review of MSS’s 2023 Rate Application Page 1 of 4 Executive Summary
On August 31, 2022, MSS submitted its application for an increase to its solid waste rates, to be effective January 1, 2023. This is an indexed year rate adjustment, which primarily projects compensation due to MSS based on the applicable water-sewer-trash CPI Index (WST). Based on our review of the rate application, R3 concurs with MSS’s calculated 2023 rate revenue requirement of $28,553,184, which is $1,902.896 higher than the 2022 rate revenue requirement of $26,630,288. The corresponding adjustment to the City’s solid waste rates for 2023 is 7.15%, based on a January 1, 2023 effective date.

Table 1: 2023 Rate Adjustment Summary
2023 Rate Adjustment Details
Collector Operations
Collector Operations compensates MSS for labor, benefits, general and administrative, depreciation and lease, maintenance, fuel and oil. Per Exhibit B, compensation for Collector Operations is adjusted using the CPI index for Water and Sewer and Trash Collection. R3 used publicly available Bureau of Labor Statistics data to verify the calculated increase of 4.42% to Collector Operations. Per Exhibit B, the rate adjustment is subject to a 2.5% minimum and a 5% maximum rate cap for MSS’s collection operations.

The result is $17,380,581 in Collector Operations for the City of San Rafael in 2023, which is an increase of $736,425 compared to 2022.

Garbage and Organics Tipping Fees
Garbage Landfilling and Organics Processing tipping fee projections are calculated using actual tonnages collected from January 1 through June 30, 2022, which are then annualized to project total 2022 tonnages. Those tonnages are then multiplied by the projected 2022 tipping fees calculated in City of San Rafael | Review of MSS’s 2023 Rate Application Page 2 of 4 accordance with Exhibit B. This is based on the actual per ton tipping fees for each waste stream category, or if unavailable, projected tipping fees are calculated using the current year per ton tipping fees escalated by the change in WST— subject to a minimum increase of 2.5% and a maximum increase of

5.0%.

R3 reviewed MSS’s projected 2022 tons and the 2023 per ton tipping fees for residential garbage, residential green waste/organics, commercial garbage, commercial mixed waste for processing, commercial food scraps, and MSS-served Agencies’ waste delivered to MSS. Per Exhibit B, R3 confirmed that MSS materially correctly projected tons by category using annualized actual tons for the first six months of the current rate year and, as actual tipping fees are unavailable, applied the 4.42% WST adjustment to project 2023 per ton tip fees. The result is $2,790,260 in Garbage and Organics Tipping fees for the City in 2023, which is an increase of $112,904 compared to 2022.

Database Subscription for Compliance with State Law
The rate setting methodology allows for the recovery of additional revenues associated with costs for changes in law and/or new State mandates. For increased operating expenses due to State Laws, including AB 1826 and SB 1383, MSS has included in its rate application a line item for a compliance database. This item was added and approved in MSS’s 2020 and 2021 Rate Adjustment applications for MSS’s subscription to Recyclist, which is a valuable reporting tool related to compliance with State Law.

MSS expects this line item will continue to be present in future rate applications. The result is an increase of $699 in Database Subscription for the City in 2023, for a total cost of $8,393 in 2023 compared to $7,694 in 2022.

Compliance with SB 1383
MSS is requesting continued revenue in association with SB 1383 with the goal of increasing compliance with the State of California’s organics state mandate(s). The company will continue to provide compliance monitoring and inspection services, contamination monitoring, outreach and education, and reporting functions on behalf of the City. The total 2023 revenue recovery for these new SB 1383 compliance measures for MSS is $209,174 or an increase of $1,110.

Illegal Dumping Pilot Program Funding
Since 2020, the City has been piloting and testing programs to reduce and abate incidences of illegal dumping in the City, in partnership with MSS and others. In 2021, the City allocated $60,000 in rate revenues for the illegal dumping pilot program. For 2022, City staff recommended $103,540 in illegal dumping pilot program funding, which was an increase of $43,540 compared to 2021. For 2023 the illegal dumping budget is set at $100,000 due to the overwhelming community support for the program.

Profit Calculation
R3 reviewed the calculation of MSS’s profit, which is a function of total allowable operating expenses ($20,488,408 for the City) divided by the contractually set operating ratio of 90.5% and subtracting the same sum, rounded to the nearest dollar. MSS’s actual profit achievement will vary depending on the company’s real revenues and expenses; as such, profit is not guaranteed. The result is $2,150,717 in Calculated Profit for the City in 2023, which is an increase of $88,975 compared to 2022. The increase is due to a net increase in allowable operating expenses, which were described in the previous sections of this report.

Recyclable Materials Processing
A net recyclable materials processing cost is calculated each year to share the risks and rewards of changing recycling markets between rate payers and MSS. Per Exhibit B, the Recyclable Materials Processing cost is escalated by the annual change in the WST and that amount is then divided by the number of all tons of recyclable materials processed at Marin Recycling Center from July 1 of the prior rate year through June 30 of the current rate year.

City of San Rafael | Review of MSS’s 2023 Rate Application Page 3 of 4 The recyclable materials revenue amount is calculated based on 90% of the total revenue received by the Marin Recycling Center for recyclable materials, which is then divided by the number recyclable material tons processed at Marin Recycling Center. The calculation does not include income or tons from recyclable materials processed for third parties or agencies that were not customers of MSS or the Marin Recycling Center as of December 31, 2018. For Rate Year 2023, the resulting Net Recyclable Materials Processing Cost Per Ton is $18.72, a decrease of $10.87 from the 2022 value of $29.59. This reduction is due to increases in the value of recyclable commodities sold by MSS. The result is $189,407 in Recyclable Materials Processing costs for the City in 2023, which is a decrease of $116,054.

Interest
Interest is based on MSS’s actual interest from its loan amortization schedules for actual and projected capital expenditures for services under the Agreement as of the last base year review in 2019. This is increased in the same manner as Collector Operations, as described above, via WST annually.

The result is $395,256 in interest for the City in 2023, which is an increase of $16,747 compared to 2022.

Zero Waste Marin Fees
Zero Waste Marin Fees are set as a pass through as government fees and, per Exhibit B to the agreements, changes in such fees result in appropriate adjustments to rates to compensate MSS for increases or decreases in such fees. Zero Waste Marin fees included in the annual indexed rate applications for the MSS service area are set to be equal to the current Zero Waste Marin Fee assessments for the current fiscal year, with 100% of the MSS hauler fees passed through to the MSS Agencies, and with none of the MSS Transfer Station fees passed through to the MSS Agencies. The result is $379,410 in Zero Waste Marin Fees for the City in 2023, which is an increase of $4,709 to 2022.

Franchise Fees
Franchise Fees are calculated by multiplying the applicable franchise fee percentage by each agency served by MSS by the revenues projected for each that Rate Year. The City’s Franchise Fee is 10% of gross revenues. The result is $2,791,986 in Franchise Fees for the City in 2023. Franchise Fees fund the costs of compliance with State laws, management and administration of the City’s Agreement with MSS, and compensate the City for the value of the property rights conveyed to MSS via the Agreement.

Other Agency Fees
Other Agency Fees are calculated and applied to each of the Agencies based on the specific fees set by those Agencies. MSS pays the City a $1,480,601 Vehicle Impact Fee to cover the cost of road impacts from MSS’s solid waste collection vehicles
Annual Rate Revenue Reconciliation
The Rate Revenue Reconciliation item is to reconcile the projected rate revenue from the 2021 rate adjustment to the actual revenue collected through rates charged during the 2021 rate year. Due to the impacts of the COVID-19 pandemic, MSS experienced a shortfall of $613,327 in 2021 billed revenues in the City compared to the 2021 revenue requirement. That amount is therefore included in the 2023 revenue requirement.

Recycling Property Insurance
Property insurance for recycling processing facilities have gone up across the country for circumstances outside of MSS’s control. MSS has previously and separately briefed the Agencies on this item, and R3 is aware of the market circumstances surrounding it. R3 finds that this extraordinary item is supported and reasonable. The result is $67,689 in Recycling Property Insurance for the City in 2023, which is an increase of $20,203 compared to 2022.

Funding for SB 1383 Contract Negotiations and Implementation City of San Rafael | Review of MSS’s 2023 Rate Application Page 4 of 4 The MSS served Agencies have contracted with R3 to provide support for negotiation of an amendment to the MSS franchise agreements with the Agencies, effectuating the new services, terms and conditions for SB 1383 compliance. That contract also includes a contingency for support to the Agencies in implementing SB 1383 in 2022. R3’s expenses for that work were budgeted at $44,380 but then determined that services were not needed. For 2023 the total $44,380 in budged costs were deducted from the rate application as services were deemed unnecessary, providing a full refund to the rate payers.

The City of San Rafael’s portion of the refund totaled $23,617 and is in the 2023 rate request.

Survey of Comparable Rates
Figure 1 illustrates R3's survey of solid waste rates as of October 2022 for agencies located throughout the Marin County. These survey results are presented as an indication of the reasonableness of the resulting rates for 2023. For comparison purposes, agencies serviced by Marin Sanitary Services (MSS) are designated in green and represent the proposed pricing for 32-gallon cart, including the current rate increase. Other, non-MSS service agencies are designated in blue and are current pricing, though price increases are expected for 2023 as well. The average cost for the 30–35-gallon cart for non-MSS service agencies is represented by the grey line is $52.86. For the residents of San Rafael, the 32-gallon cart is projected to cost $50.19 per month for the flat regions of the City. The 2023 Hill Rate for the 32-gallon cart is projected at $56.85 per month. The City’s ’s commercial rates for a 3-cubic yard bin serviced one time per week will be $620.02 compared to $578.62 the previous year.

Figure 1: Comparison of MSS’s 2023 Rates to Other Marin County Agencies $52.86
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$30
$40
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CITY OF SAN RAFAEL

EXHIBIT C - SCHEDULE OF RATES

RESIDENTIAL REFUSE COLLECTION RATES
Rate increase: 7.15%
Effective date: 01/01/2023
Weekly Service Rates (Billed Quarterly)
Monthly Rate Quarterly Rate Monthly Rate Quarterly Rate 20 gallon cart $42.67 $128.01 $48.31 $144.93
32 gallon cart $50.19 $150.57 $56.85 $170.55
64 gallon cart $100.38 $301.14 $113.70 $341.10
96 gallon cart $150.57 $451.71 $170.55 $511.65
Low income - 20 gal* cart $34.14 $102.42 $38.65 $115.95 Low income - 32 gal* cart $40.15 $120.45 $45.48 $136.44 Low income - 64 gal* cart $80.30 $240.90 $90.96 $272.88 Low income - 96 gal* cart $120.46 $361.38 $136.44 $409.32 Senior rate**Discontinued $35.43 $106.29 $45.11 $135.33 Additional Organics Cart Rental $2.68 $8.04 $2.68 $8.04 (35 or 64 gallon cart)
Additional Split Cart Rental $2.68 $8.04 $2.68 $8.04
(64 or 96 gallon cart)
Additional Monthly Charges Monthly Fee Quarterly Fee
(per cart, each way)
Distance 5' - 50' $6.51 $19.53
Distance Over 50' $13.19 $39.57
Additional Service Fees per Occurrence Fee
Return Fees - Off day $25.00
Return Fees - Same day $10.00
Resume Service/Late Fee $35.00
Contamination (cart) any size cart $30.00
Overload/Overweight (cart) $25.00
Extra bag garbage $15.00
Extra bag yard waste $10.00
Steam Clean (cart) $15.00
Special Collection $35.00
Special Handling (Bulky items) $30.00
Bulky item fees per item Fees Vary
Cart Strap Set-up Admin Fee $25.00
20 Gal Cart Replacement Fee $55.00
32 Gal Cart Replacement Fee $60.00
64 Gal Cart Replacement Fee $65.00
96 Gal Cart Replacement Fee $75.00
64 Gal Split Cart Replacement Fee $90.00
96 Gal Split Cart Replacement Fee $100.00
*Must meet PG&E CARE program eligibility requirements.
**Customers with these rates prior to 2005 will keep the existing rate type. No new customers will be added with this rate type.

ONE TIME SERVICE FEES REOCCURING CHARGES
Residential Service (Bundled service includes 1 landfill (garbage) cart, 1 organics cart, & 1 recycling split cart ) 2023 Flat rate 2023 Hill Rate
NOTE: We may not be able to accommodate any collection requests NOT at the curb due to a variety of factors including safety, accessibility, and efficiency. Requests to be assessed and approved by Route Manager.

CITY OF SAN RAFAEL

EXHIBIT C - SCHEDULE OF RATES

COMMERCIAL REFUSE COLLECTION RATES
Rate increase: 7.15%
Effective date: 01/01/2023

COMMERCIAL CARTS, BINS, ROLL-OFFS
Garbage 1 2 3 4 5 6
20 gallon cart* $42.67 $85.34 $128.01 $170.68 $213.35 $256.02 $9.85 32 gallon cart $49.85 $99.70 $149.55 $199.40 $249.25 $299.10 $11.50 64 gallon cart $99.70 $199.40 $299.10 $398.80 $498.50 $598.20 $23.01 96 gallon cart $149.55 $299.10 $448.65 $598.20 $747.75 $897.30 $34.51 1 yard bin $323.98 $654.18 $990.59 $1,333.32 $1,682.17 $2,037.24 $74.76 2 yard bin $476.35 $1,094.44 $1,660.32 $2,238.64 $2,829.42 $3,432.64 $109.93 3 yard bin $620.02 $1,154.58 $1,759.95 $2,383.88 $3,026.59 $3,687.94 $143.08 4 yard bin $884.52 $1,635.13 $2,489.97 $3,369.81 $4,035.48 $5,204.13 $204.12 5 yard bin $956.81 $1,924.30 $2,933.26 $3,973.18 $5,044.36 $6,146.57 $220.80 6 yard bin $1,135.91 $2,309.16 $3,519.88 $4,767.86 $6,053.18 $7,375.90 $262.13 10 yard roll-off $1,601.00 $3,276.34 $5,028.06 $6,853.55 $8,753.79 $10,728.68 $369.46 18 yard roll-off $2,875.56 $5,885.72 $9,030.28 $12,309.31 $15,722.82 $19,270.86 $663.59 20 yard roll-off $3,195.17 $6,539.66 $10,033.62 $13,676.98 $17,469.80 $21,412.02 $737.35 25 yard roll-off $4,469.53 $9,148.27 $13,486.24 $18,383.07 $23,480.98 $28,779.77 $1,031.43 Organics (F2E or Compost) 123456 Additional One
Time Empty
32 gallon $20.67 $41.34 $62.01 $82.68 $103.35 $124.02 $4.77 64 gallon $41.34 $82.68 $124.02 $165.36 $206.70 $248.04 $9.54 1 yard $144.67 $289.34 $434.01 $578.68 $723.35 $868.02 $33.39 2 yard $289.34 $578.68 $868.02 $1,157.36 $1,446.70 $1,736.04 $66.77 3 yard $434.01 $868.02 $1,302.03 $1,736.04 $2,170.05 $2,604.06 $100.16 10 yard roll-off $1,120.70 $2,241.40 $3,362.10 $4,482.80 $5,603.50 $6,724.20 $258.62 18 yard roll-off $2,017.26 $4,034.52 $6,051.78 $8,069.04 $10,086.30 $12,103.56 $465.52 20 yard roll-off $2,241.40 $4,482.80 $6,724.20 $8,965.60 $11,207.00 $13,448.40 $517.25 25 yard roll-off $2,801.75 $5,603.50 $8,405.25 $11,207.00 $14,008.75 $16,810.50 $646.56 Garbage Compactors (Per empty)
Roll-off Compactor Tipping fee per ton $137.60 Roll-off Compactor Hauling charge $309.28 Stationary FL (Per Compacted Yard) $119.50 Roll-off Compactor Special handling Rates Vary Service Fee Details
Lock $25.00 Monthly fee
Box rental Fees Vary Minimum Bimonthly fee
Distance < 50ft $6.51 Monthly fee per cart, each way
Distance > 50ft $13.19 Monthly fee per cart, each way
Commercial Service Fees Fee
Return Fee - BIN $75.00
Return Fee - CART -same day $10.00
Return Fee - CART -off day $25.00
Late Fee/Resume Service Fee $35.00
Contamination (BIN) $50.00
Contamination (CART) $30.00
Overload/Compaction (BIN) $60.00
Overload/Compaction (CART) $25.00
Extra Bag Garbage $15.00
Additional Empty BIN Fees vary
Extra Bag Yard Waste $15.00
Steam Clean (1-6 yard BIN) $95.00
Steam Clean (CART) $15.00
Steam Clean (COMPACTOR/ROLL-OFF) $225.00
Lock Set-up Admin Fee $25.00
Lock Single Use Fee $5.00
Lock Purchase Fee $20.00
Lock Bar Bin Set-up Fee $75.00
Overweight Charge Per Ton* $205.00
20 Gal Cart Replacement Fee $55.00
32 Gal Cart Replacement Fee $60.00
64 Gal Cart Replacement Fee $65.00
96 Gal Cart Replacement Fee $75.00
64 Gal Split Cart Replacement Fee $90.00
96 Gal Split Cart Replacement Fee $100.00
Bin Repair/Replacement Fee** Fees vary
*(Boxes exceeding 300lbs/yard)
**Fees vary by size up to $1,200, not to exceed current replacement value.

Additional One
Time Empty
Other Charges
* Customers must have a sufficient level of service for the volume of material generated. Requests for 20gal carts require assessment and approval of a Route Manager.

NOTE: All container types and sizes may not be available at all locations depending on a variety of factors including safety, accessibility, and efficiency. Requests to be assessed and approved by Route Manager.

ONE TIME SERVICE FEES REOCCURING CHARGES
Collections per Week

CITY OF SAN RAFAEL

EXHIBIT C - SCHEDULE OF RATES

MULTI-FAMILY DWELLING REFUSE COLLECTION RATES
Rate increase: 7.15%
Effective date: 01/01/2023

MFD CARTS, BINS, ROLL-OFFS
Garbage 123456
20 gallon cart* $42.67 $85.34 $128.01 $170.68 $213.35 $256.02 $9.85 32 gallon cart $50.19 $100.38 $150.57 $200.76 $250.95 $301.14 $11.58 64 gallon cart $100.38 $200.76 $301.14 $401.52 $501.90 $602.28 $23.16 96 gallon cart $150.57 $301.14 $451.71 $602.28 $752.85 $903.42 $34.75 32 gallon - hill $56.85 $113.70 $170.55 $227.40 $284.25 $341.10 $13.12 64 gallon - hill $113.70 $227.40 $341.10 $454.80 $568.50 $682.20 $26.24 96 gallon - hill $170.55 $341.10 $511.65 $682.20 $852.75 $1,023.30 $39.36 1 yard bin $312.19 $629.35 $951.56 $1,278.72 $1,610.84 $1,947.91 $72.04 2 yard bin $476.35 $1,091.92 $1,652.84 $2,223.68 $2,804.53 $3,395.30 $109.93 3 yard bin $620.02 $1,136.35 $1,726.97 $2,332.51 $2,952.97 $3,588.32 $143.08 4 yard bin $884.52 $1,630.17 $2,474.99 $3,339.90 $4,147.25 $5,129.39 $204.12 5 yard bin $956.81 $1,893.93 $2,878.22 $3,887.41 $4,921.55 $5,980.59 $220.80 6 yard bin $1,121.41 $2,272.73 $3,453.87 $4,664.91 $5,905.86 $7,176.65 $258.79 10 yard roll-off $1,601.00 $3,276.34 $5,028.06 $6,853.55 $8,753.79 $10,728.68 $369.46 18 yard roll-off $2,875.56 $5,885.72 $9,030.28 $12,309.31 $15,722.82 $19,270.86 $663.59 20 yard roll-off $3,195.17 $6,539.66 $10,033.62 $13,676.98 $17,469.80 $21,412.02 $737.35 25 yard roll-off $4,469.53 $9,148.27 $13,486.24 $18,383.07 $23,480.98 $28,779.77 $1,031.43 Organics 123456 Additional One
Time Empty
Additional Organics Cart Rental $2.68 $5.36 $8.04 $10.72 $13.40 $16.08 NA (35 gallon cart) after 4 TOTAL carts per cart per
month
Additional Organics Cart Rental $2.68 $5.36 $8.04 $10.72 $13.40 $16.08 NA (64 gallon cart) after 4 TOTAL carts per cart per
month.
1 yard $144.67 $289.34 $434.01 $578.68 $723.35 $868.02 $33.39 2 yard $289.34 $578.68 $868.02 $1,157.36 $1,446.70 $1,736.04 $66.77 3 yard $434.01 $868.02 $1,302.03 $1,736.04 $2,170.05 $2,604.06 $100.16 Garbage Compactors (Per empty)
Roll-off Compactor Tipping fee per ton $137.60 Roll-off Compactor Hauling charge $309.28 Stationary FL (Per Compacted Yard) $119.50 Roll-off Compactor Special handling Rates Vary Service Fee Details
Lock $25.00 Monthly fee
Box rental Fees Vary Minimum Bimonthly fee
Distance < 50ft $6.51 Monthly fee per cart, each way
Distance > 50ft $13.19 Monthly fee per cart, each way
MFD One Time Service Fees Fee
Return Fee - BIN $75.00
Return Fee - CART -same day $10.00
Return Fee - CART -off day $25.00
Late Fee/Resume Service Fee $35.00
Contamination (BIN) Per Yard $50.00
Contamination (CART) $30.00
Overload/Compaction (BIN) $60.00
Overload/Compaction (CART) $25.00
Additonal Empty Bag $15.00
Extra Bag Yard Waste $10.00
Additional Empty Garbage Fees vary
Steam Clean (BIN) $95.00
Steam Clean (CART) $15.00
Steam Clean (COMPACTOR/ROLL-OFF) $225.00
Lock Set-up Admin Fee $25.00
Lock Single Use Fee $5.00
Lock Purchase Fee $20.00
Lock Bar Bin Set-up Fee $75.00
Overweight Charge Per Ton* $205.00
20 Gal Cart Replacement Fee $55.00
32 Gal Cart Replacement Fee $60.00
64 Gal Cart Replacement Fee $65.00
96 Gal Cart Replacement Fee $75.00
64 Gal Split Cart Replacement Fee $90.00
96 Gal Split Cart Replacement Fee $100.00
Bin Repair/Replacement Fee** Fees vary by
size up to
$ *(Boxes exceeding 300lbs/yard)
**Fees vary by size not to exceed current replacement value.

NOTE: All container types and sizes may not be available depending on a variety of factors including safety, accessibility, and efficiency. Requests to be assessed and approved by Route Manager.

NOTE: Minimum service level is 32 gallons per unit or equivalent volume. Decrease to 20 gallon per unit is subject to company review and approval.

NOTE: Up to four (4) Organics carts provided at no additional charge. Additional carts may be rented for a nominal monthly fee.

REOCCURING CHARGES
Collections per Week Additional One
Time Empty
Other Charges

ONE TIME SERVICE FEES
www.r3cgi.com
Illegal Dumping Pilot Program Overview
Background
Illegal Dumping Reduction Goal
The City of San Rafael initially established Illegal Dumping Pilot Programs (IDP) to support reduction of illegal dumping as a high priority area for City action, with a goal to achieve 50% reduction in illegal dumping by the end of 2025. Achieving this goal will require coordination between multiple City departments, addressing various factors related to illegal dumping. 2018-2019: Pilot Program Inception
The City conducted a pilot project in 2018-2019 that tested implementation of “bulky waste” collection and recycling events as a means of to reducing illegal dumping, with the results reported in the City of San Rafael Illegal Dumping Pilot Report (Bulky Waste Collection and Recycling Events). The 2018-2019 pilot project found that bulky waste collection events resulted in a noticeable reduction in illegal dumping. The report recommended further implementation of illegal dumping reduction actions in the City, including continuation of the bulky waste collection events (which proved successful) as well as testing of new programs to reduce the incidence of – and clean-up response to – illegal dumping in the City. 2020-2021: COVID and Continued Growth
Despite the unique challenges posed by the COVID-19 pandemic during 2020-2021, the following key trends were observed:
• Bulky waste drop-off events were increased from three (3) to six (6) days in 2021 as compared to 2020 resulting in 456 cubic yards of material collected (a 140% increase over 2020)1. • Free dumping vouchers for tenants of Bret Harte, Canal, and Gerstle Park decreased from 258 cubic yards of material to 197 cubic yards of material, • Free dump coupons were offered to commercial property owners (and promoted by email), but zero participation was recorded two years in a row.
1 The program reached more users and collect significantly more material in 2021 and did so at a cost per cubic yard collected that was significantly lower than the Multi-Family Voucher program. Bulky waste drop-off events recorded a cost per cubic yard of $78, as compared with a cost of $113 per cubic yard for the Multi-family voucher pilot.

To: Cory Bytof, Sustainability Program Manager, City of San Rafael From: Nate Forst and Garth Schultz, R3 Consulting Group Date: November 23, 2022
Subject: 2022 Illegal Dumping Reduction Pilot Program Recap + Funding Memo Mr. Cory Bytof
2022 Illegal Dumping Reduction Pilot Program Recap
November 22, 2022

2022 Pilot Program Results
In 2022, the IDP Team supported continued expansion of proven components of the IDP, initiated additional analyses and policy testing to investigate the root causes of illegal dumping, and developed a new pilot with funds awarded from a Mattress Recycling Council (MRC) grant.

Expanded Bulky Waste Drop-off Events:

Building on the success of 2021’s bulky waste drop-off events which generated a significant “return on impact” of funds invested (as indicated above), the total number of bulky waste drop-off events was again doubled in 2022, increasing from six (6) to twelve (12) days. Additionally, the events were made a recurring monthly fixture at Pickleweed Park. This not only increased access to service for a test population of approximately 6,800 multifamily housing units, but it also provided the service in a consistent and ongoing capacity. As such, residents were better able to plan and prepare for the events.

The impact of this expansion significant: through October 2022, 1,254 cubic yards of material were collected (a 175% increase over 2021 totals) with two events yet to be held. This outcome not only exceeded expectations, but it was also achieved at a cost per cubic yard of $71, down from a cost of $78 in 2021. This illustrates consistently increasing economies of scale as this program has grown2 and further solidifies it as the key value driver among pilot programs attempted thus far by the City.

Free Multifamily Dwelling (MFD) On-Call Bulky Item Pickups:

While single-family homeowners in San Rafael receive trash collection for bulky items (such as mattresses) via on-call pickup services twice a year, service for bulky items is not offered to MFD units in the City.

Given the potential connection between this lack of service and illegal dumping in the area, the IDP Team developed multiple potential policy mechanisms to address the proliferation of casual dumping near MFD in San Rafael with the intention of improving service at MFD in the City for all types of waste in a convenient and equitable manner. Potential policy changes identified included:
• Requiring via specific ordinance language that MFD offer bulky item collection. • Specifying fines directed to properties for illegal dumping within one (1) block of the MFD. • Requiring training and education regarding bulky item disposal to tenants within 15 days of move in and annually thereafter.
• Provision of vouchers to each MFD unit in the City for free bulky item disposal at the transfer station.
• Offering free on-call pickups of bulky items for MFD properties of up to the equivalent of one large item or mattress per unit.

Given these options, the IDP Team chose to develop a new pilot aimed specifically at reducing illegal dumping generation via a “free on-call bulky item pickup program.” This was designed to address an essential barrier for MFD residents in San Rafael - lack of transportation to bulky item disposal and collection opportunities. Even with cost incentives in place to encourage proper disposal, without transportation to facilities and drop-off events many residents may be prevented from accessing disposal options, leading to unwanted dumping. With support from its consultants, the City secured a grant from the Mattress Recycling Council (MRC) for $24,000 that facilitated the opportunity for seven (7) properties of various sizes to participate, each with access to two (2) pickups per month over a six-month pilot period. 2 The cost per cubic yard for this pilot has decreased from $86 for three events in 2020, to $78 for six events in 2021.

Mr. Cory Bytof
2022 Illegal Dumping Reduction Pilot Program Recap
November 22, 2022

Per MSS, through October 2022 this pilot recorded collection of 95 cubic yards 3 of bulky items from tenants at MFD locations throughout the City. Overall, participation in the “free on-call bulky item pickup pilot” fellshort of IDP Team’s expectations for total material collected. Three key issues were the primary drivers behind this:
• Lack of space at MFD’s for tenants to store materials in anticipation of pickups; • Reliance on property managers for event promotion rather than direct outreach to tenants; and • Less demand for pickup at some complexes (though dumping in the vicinity remains prevalent).

MFD Overage Analysis:

Building on original research and analysis begun 2021, the IDP Team continued development of a comprehensive evaluation of MFD service levels throughout San Rafael to 1) ascertain whether adequate service levels were being met across the City, and 2) determine whether MFD service levels may potentially be linked to instances of illegal dumping throughout the City. To achieve this, the City and its consultants collaborated with MSS to complete an analysis of MFD units in San Rafael by service level, and total occurrences of collection container overages. Using Geographic Information System (GIS) tools, this data was then overlaid with the City’s online Illegal Dumping Dashboard to identify potential overlap of container overages by location to determine if there was a correlation with illegal dumping activity “hot spots” tracked on the Dashboard. This analysis yielded the following information:
• A clear correlation between container overage occurrences4 and illegal dumping, including when looking at the time lapse for both month by month;
• Significant correlation between properties that do not meet the current 32 gallon per unit service level minimum, overage occurrences, and the quantity of overage amounts.5; and • Moderate correlation between properties that do not meet the current 32 gallon per unit service level minimum, and illegal dumping incidents.

In 2022, overall IDP costs are estimated to come in roughly at budget. 6 Should there be any unspent funds,
if the Council wishes they may be applied (in whole or in part) to continuation of the pilot program in 2023. City staff and R3 recommend rolling any unspent funds forward to implementation of the following 2023 pilot program.
2023 Pilot Program and Funding
The City has an opportunity to maintain the success of the proven bulky waste drop off events at the level and consistency achieved in 2022, while supporting further policy analysis related to bulky item pickup service and “right-sizing” service levels at MFD. This could be accomplished via utilization of any unspent 2022 funds, combined use of Zero Waste Marin grant funds, and funding via the 2023 rates of $100,000 – an amount similar to what was supported in the 2022 rates. 3 Collection data provided for ten of twelve events. MSS indicated that data from two additional pick-ups was still pending.
4 An overage occurrence reflects a recorded even in which disposed material has exceeded the capacity of a container. 5 Based on estimates provided by MSS drivers.
6 Estimated November 16, 2022, based on program performance, costs to date and anticipated costs for final two months of the program.

Mr. Cory Bytof
2022 Illegal Dumping Reduction Pilot Program Recap
November 22, 2022

R3 Consulting Group, Inc. (R3) has separately calculated the 2023 solid waste rate adjustment for San Rafael based on the Franchise Agreement between the City and Marin Sanitary Service (MSS), and the City may choose to continue to fund $100,000 in approximate MSS and City costs for a 2023 Illegal Dumping Reduction Pilot Program.

Overview of Proposed 2023 Illegal Dumping Reduction Pilot Program Building on 2022 data and lessons learned, the project team would implement the following:
▪ Maintain Bulky Waste Drop-off Events: Support continued reduction of illegal dumping from multifamily residential properties by keeping “bulky waste drop-off events” a consistent monthly event at Pickleweed Park. Prior to investing in further expansion, R3 recommends maintaining focus on the current pilot area to make a clear determination on the pilot’s impact on localized dumping relative to baseline measures. This would allow for continued growth in local participation as awareness of the events builds on 2022’s dramatic increase in material collected, while also further supporting anticipated economies of scale in terms of reduced cost per cubic yard of material collected. In partnership with the Conservation Corps North Bay, the City anticipates continued support for twelve events - maintaining access to service for a population of approximately 6,800 housing units. Facilitating this program would be the key use of funds in 2023.
▪ Further Policy Analysis focused on MFD Bulky Item Pickups and Right-sizing Service Levels:

Building on lessons learned from 2022 pilot efforts, additional analysis would be directed towards establishing a more equitable approach to bulky item pickups in San Rafael. Efforts would focus on requiring MFD’s to offer bulky item collection (or vouchers) via a rate structure that potentially redirects a portion of funds(currently allocated to single family bulky waste pickups) towards MFD pickups. A basic associated policy cost analysis will be undertaken as well. In parallel, findings from 2022 analyses on MFD service levels would be further leveraged to explore and recommend potential scenarios related to increased collection service levels at MFD units that hit identified overage thresholds. Enforcement strategies and proper incentives for MFD property managers will be considered as part of the assessment.

Partnership with Marin Sanitary Service
MSS has been briefed on the details of the proposal to increase rates to fund implementation of the Pilot Program and has expressed its willingness to be the City’s operational partner, and MSS supports the rate funding of Pilot Program costs. R3 will also assist in evaluating programmatic data and reports and participate in meetings with the City and the City’s consultants and provide input on pilot design and cost analysis.

Reporting and Next Steps for 2023
After completion, the project team will confer regarding Pilot Program results, anticipated in the Fall of 2023. The City will then present the results to Council and make recommendations about next steps to continue progress in 2024 to reduce illegal dumping, including potential for citywide implementation of the “bulky waste drop-off events” and any potential policy solutions related to MFD container overages.

Mr. Cory Bytof
2022 Illegal Dumping Reduction Pilot Program Recap
November 22, 2022

Pilot Program Rate Impact and Draft Budget
The City has an opportunity to set the 2023 solid waste rates to secure funding for the Pilot Program as part of the 2022 rate hearing.

Draft Pilot Program Budget
A draft budget for the Pilot Program, at an anticipated total expense of $127,780 is provided in Table 1.

Funding for the proposed Pilot Program budget is based on $100,000 in proposed new funds and $27,780 in Zero Waste Grant Funding to the City from Zero Waste Marin.

Table 1: Proposed 2023 Illegal Dumping Reduction Pilot Program Budget

CITY OF SAN RAFAEL

NOTICE OF PUBLIC HEARING BEFORE THE SAN RAFAEL CITY COUNCIL You are invited to attend the City Council public hearing on the following consideration to approve maximum rates allowed by Marin Sanitary Service for refuse and recycling collection services.

DATE/TIME:

Monday, December 5, 2022, at 7:00 p.m.

LOCATION:

City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, CA 94901 VIRTUAL PARTICIPATION:

COVID-19 ADVISORY NOTICE: Consistent with State of California and County of Marin health orders, the San Rafael City Council has determined that the following hearing will be physically open to the public, but that the public may participate either by attending the meeting in person or by teleconference by visiting https://www.cityofsanrafael.org/departments/public-meetings/ for the call-in phone number and meeting ID listed on the agenda (or using Zoom app to connect to this meeting ID).

PURPOSE:

To consider a request by Marin Sanitary Service for a rate increase of 7.1% for refuse and recycling collection and services and adoption of a Resolution allowing for maximum rates to be collected by Marin Sanitary Service for the year 2023.

WHAT WILL HAPPEN:

Staff will provide a presentation, members of the public can provide comments/questions, and the City Council will consider all public testimony, deliberate, and determine how to proceed with the recommendation provided by staff.

IF YOU CANNOT ATTEND:

You may submit comments regarding the proposed item by 4:00 p.m. the day of the hearing to Lindsay Lara, City Clerk, City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901, or by email to [email protected]. You can also hand deliver a letter prior to the public hearing. The City Clerk’s office will forward your comments to the City Council and publish correspondence received to the agenda online. Comments received after 4:00 p.m. will be forwarded to the City Council and posted online the following day.

FOR MORE INFORMATION:

You may contact Cory Bytof, Sustainability Program Manager at (415) 485-3407 or [email protected]. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m.

You can also view the staff report after 4:00 p.m. on the Friday before the meeting at https://www.cityofsanrafael.org/city-council-meetings/. /s/ Lindsay Lara
Lindsay Lara
City Clerk
City of San Rafael
To be published in the Marin IJ twice: November 25 & November 30 ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 3.e
Meeting Date: December 5, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Micah Hinkle
Economic Development Director
Victoria Lim
Senior Management Analyst
City Manager Approval: ______________
TOPIC: DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) ASSESSMENT ANNUAL

RENEWAL
SUBJECT: RESOLUTION CONFIRMING THE 2022 ANNUAL REPORT FOR THE DOWNTOWN

SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AND LEVY OF
ASSESSMENTS FOR CALENDAR YEAR 2023
RECOMMENDATION:

Adopt the resolution confirming the 2022 Annual Report for the Downtown San Rafael Business Improvement District and levy of annual assessments for calendar year 2023.

BACKGROUND:

Section 36500 of the California Streets and Highways Code allows for the creation of a business improvement district (BID) within a municipality, whereby businesses within the district self-assess an annual fee in order to pay for improvements and activities which benefit the overall business district. The intent of the state law is to provide a funding mechanism for business districts to promote economic vitality. San Rafael Municipal Code section 10.09.080 requires a report to be prepared annually for upcoming assessments.

In 1979, businesses in Downtown San Rafael first set up a business district. This original district included approximately 125 businesses along Fourth Street between Lincoln Avenue and E Street. In 2013, the City Council voted to replace it with a larger district of approximately 700 businesses along Fourth Street.

The expanded district includes the West End and some side streets, as well as non-ground floor tenants and other tenants not included in the original BID.

For 2022, the BID Advisory Board focused on supporting downtown businesses as they emerged from the COVID-19 pandemic. The BID Board welcomed a new Director – Sarah Tipple – this year, and the BID has achieved many notable accomplishments as highlighted in its Annual Report, including a website redesign, various initiatives and partnerships to promote foot traffic downtown, and actively promoting Downtown through social media, the BID website, marketing campaigns, and email blasts.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Downtown San Rafael is coming back to life after some slow COVID years. The BID hosted numerous events, including two successful and profitable events: May Madness and the Hops and Vine Stroll. The BID Board continued to produce the ‘Dining Under the Lights’ (DUTL) outdoor dining event on Thursday evenings (late May through September 2022) and the West End Block Parties on Thursday and Friday evenings (late May – early October 2022). The BID Board also hosted various events such as BID Night at the Pacifics, the Annual BID Mixer, Trick or Treat on Fourth Street, Dia De Los Muertos Altar Displays, an Elf Hunt, and the Parade of Lights and Winter Wonderland on Shop Small Saturday. The BID helped to promote other Downtown events, including 2nd Friday Art Walks, San Rafael PorchFest, Mill Valley Film Festival, Dia De Los Muertos Car Procession, San Rafael Lighted Boat Parade, Heads Up Carnival at Davidson, Doc Lands Film Festival, State of the City Dinner, Youth in Arts C Street Celebration, and the Sunset Criterium.

The BID established partnerships with Embassy Suites and the California Film Institute, using QR code technology and ticket incentives to drive foot traffic Downtown. Other innovative initiatives include developing a walking tour on a mobile app that that BID hopes to have enough funding in the future to launch. The BID also created a “smART” Train Tour Map highlighting San Rafael’s many art organizations that the BID likewise hopes to implement in the future. In partnership with City staff, the BID contributed to the development and implementation of the outdoor dining Streetaries Program that was approved by Council in October 2022. The BID also participated in the process of getting new trash cans downtown, which has added to its beautification efforts.

Financially, the BID is facing challenges. BID assessments were lower than usual in 2022 and costs increased. Proceeds from BID assessments decreased to $61,648 in 2022, approximately 25% lower than typical assessment revenue of $83,000. Payroll costs, as well as higher costs due to inflation, increased overall expenses for the year. The BID projects a loss of approximately $18,000 for 2022, leaving the BID with a cash balance of $43,500.

For calendar year 2023, the annual assessment levied on businesses will not change and will be the same as prior years. See Exhibit B to the Annual Report. The BID states in its Annual Report that it plans to continue to host similar events to last year, plus a few new events. The two profitable events hosted by the BID are May Madness and Hops and Vines Stroll. The BID projects that costs will remain high and that the amounts collected through BID assessments will remain similar to 2022. As a result, without additional funding, the BID may need to postpone some of its initiatives. The BID projects a loss of approximately $16,000 for 2023, leaving the BID with a cash balance of $27,500 at the end of 2023. This trend is not sustainable without changes.

Uncollected revenue from businesses that paid the BID assessment in 2021 but did not renew their business license for 2022 was $9,825. This amount could be businesses that went out of business but never notified the City, or businesses that are operational but simply did not pay their BID assessment.

The BID has not included this amount in its annual income.

Staff has recommended that the BID Board plan ahead for 2023 events, prioritize high impact and low cost events, minimize low impact and high cost events, and focus on planning events that generate revenue so that the BID can become independent and financially sustainable. Planning ahead and being selective for its event roster in 2023 will also allow the BID to submit event applications 90 days in advance as per City requirements.

Staff has also recommended to the BID Board to attempt to cut costs in order to reduce its dependence on cash reserves and focus on long-term sustainability. In search of operational synergies, the BID has SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
partnered with the Chamber of Commerce and now has its office co-located inside the Chamber of Commerce office in San Rafael.

Also, importantly, the BID is participating in the City’s Economic Development Strategic Plan which is underway and will provide an opportunity to review business priorities downtown and throughout the City.

There may be new synergies with the BID and Chamber of Commerce as that plan develops and implementation begins.

ANALYSIS
BID Renewal Process
Per State law, to renew the annual assessment, the City Council must first adopt a Resolution of Intention to Levy an Annual Assessment and set a public hearing for a future date. The method of calculating the amount of the assessment on each business is established by San Rafael Municipal Code Section

10.09.050 and varies depending upon the type of business and whether the business is located in the Standard BID Zone or the Premium BID Zone shown in Exhibit B of Attachment 2.

On November 21, 2022, the City Council adopted a Resolution of Intention to Levy an Annual Assessment. This resolution was intended to notify the public of the process, approve the BID annual report reviewing past BID Board accomplishments, and set the date for a public hearing.

Tonight’s meeting is to hold the Public Hearing to receive input from the public on the annual assessment for the BID and to confirm the 2022 Annual Report and levy of assessments for the upcoming year. Oral or written protests may be made by interested persons. If written protests received represent fifty percent (50%) or more of the total assessments in the entire BID, no further proceedings to amend the BID can occur. New proceedings cannot be undertaken for a period of at least a year.

COMMUNITY OUTREACH:

A notice of public hearing on the Resolution of Intention to levy the annual assessment for calendar year 2023 was published in the Marin Independent Journal on November 25, 2022. A copy is included in Attachment 3. The BID has notified its members of the annual renewal process through its member communications including the BID e-newsletter, notifications on the BID website, and through agenda items at the monthly BID board meeting.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

OPTIONS:

The City Council has the following options to consider on this matter:
1) Adopt the resolution as presented confirming the 2022 Annual Report and the annual assessments for 2023.
2) Adopt the resolution with modifications.
3) Determine that 50% or more protest has been filed and abandon assessment proceedings for a minimum of one year from the date of the majority finding and decline adoption of the resolution.

RECOMMENDED ACTION:

Adopt the resolution confirming the 2022 Annual Report for the Downtown San Rafael Business Improvement District and levy of annual assessments for calendar year 2023.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
ATTACHMENTS:

1. Resolution

2. BID 2022 Annual Report, including:

A. Exhibit A: BID Map
B. Exhibit B: BID 2023 Assessment Formula
C. Exhibit C: BID Budget
D. Exhibit D: Memo – BID Financial Summary

3. Notice of Public Hearing on Resolution of Intention
1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONFIRMING THE 2022

ANNUAL REPORT FOR THE DOWNTOWN SAN RAFAEL BUSINESS

IMPROVEMENT DISTRICT AND LEVY OF ASSESSMENTS FOR CALENDAR YEAR 2023
WHEREAS, California Streets and Highways Code Sections 36500 et seq, authorize cities to establish parking and business improvement districts for the purpose of promoting economic revitalization and physical maintenance of business areas, to create jobs, attract new business and prevent erosion of the new business district; and WHEREAS, the Downtown San Rafael Business Improvement District (“BID”) was established in 2013 to amend the existing Parking and Business Improvements District instituted in 1979 in the commercial area on and around the Fourth Street corridor in San Rafael; and
WHEREAS, pursuant to San Rafael Municipal Code Chapter 10.09 the BID’s Advisory Board submitted to the City a “BID 2022 Annual Report”, which is on file with the City Clerk; on November 21, 2022, the City Council by resolution approved the BID 2022 Annual Report, indicating the Council’s intention to levy assessments for calendar year 2023, and setting a public hearing thereon for December 5, 2022; and WHEREAS, pursuant to Streets and Highways Code Section 36535, following the public hearing, the City Council may adopt a resolution confirming the report as originally filed or as modified by the Council, and the adoption of the resolution shall constitute the levy of an assessment for the year referred to in the report; and WHEREAS, the City Council held the required public hearing on December 5, 2022 to receive testimony and protests concerning the BID 2022 Annual Report and the proposed levy of assessments for calendar year 2023 described therein; and WHEREAS, a majority protest of the proposed assessments was not received.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby confirms the BID 2022 Annual Report. Adoption of this resolution shall constitute confirmation of the BID 2022 Annual Report and approval of the levy of assessments described in the BID 2022 Annual Report for the 2023 calendar year.

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 meeting of the City Council of said City held on Monday, the 5
th of December 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
Dear Fellow BID Members,
First, I want to thank Eda Lochte and Jaime Ortiz for their years of service to the Business Improvement District. The BID was truly transformed into an organization that the community could count on and be proud of.

This year, we found a new Executive Director in Sarah Tipple. She has been a wonderful addition and has made an immediate, positive impact for the BID.

As things slowly get back to normal this year, we have brought back traditional events, like the May Madness Car Show, while also assisting with the implementation of new ideas, like the permanent Streetaries program, the Friday Night Block Party, and the Hops and Vines Stroll.

In 2023, we plan to build on our prior success while also developing new ideas to improve our downtown and our community.

Please visit DowntownSanRafael.org to see all the BID is doing, to update your directory listing, and continue to be involved.

Jed Greene, President
BID BOARD OF DIRECTORS 2022/23
Interim President
Jed Greene,
Five Corners Group
Vice President
Adam Dawson,
Mike’s Bikes
Jeff Brusati,
T & B Sports
.

Bishlam & Amy Bullock,
Salon B Style Lab
Elisabeth Setten –
Art Works Downtown
Morgan Schauffler,
Youth in Arts
Your name here!
Secretary
Tobi Lessem,
Bodywise Massage
Social Media Chair
Erika Bowker,
Pleasures of the Heart
Treasurer
TBD
Terrance Thornton,
San Rafael Martial Arts
Committee Members:

Jaime Ortiz,
Bank of Marin
Ryan Spencer,
Libation Taproom
Meg Reilly,
Marin Society of the Arts
..
2022Annual Report

SAN RAFAEL

DOWNTOWN BID
Development, Organization, andDesign Marketing &Promotions • ARPA Fund Proposal – The BID created a proposal
requesting $70, 000 of the ARPA Funds to go toward the
following BID Projects: Marketing & Promotion, Event
Planning & Production, Beautification, Walking Tour
App, Expansion of Second Friday Art Walks, Community
Public Art Projects. The request is pending.
 Downtown San Rafael Arts District Collaboration – The BID's DSRAD committee advocated for ARPA funding and
California Arts Council support to subsidize multiple
creative placemaking projects aimed at revitalizing and enhancing downtown San Rafael. DSRAD, in concert with
their fellow Cultural Arts Districts, was successful in reactivating a direct funding structure from the
California Arts Council and expects disbursement in
2023.
 Fundraising & Event Management – Through successful
events and the BID being able to do most event tasks inhouse, expenses were decreased, and our bottom line was increased with two signature events, May Madness,
and the Hops & Vines Stroll.
 Beautification – Worked with the City’s new Volunteer coordinator to discuss future landscaping projects for
volunteers to help beautify our Downtown.
 New Trashcans in Downtown – Last year, the BID was
on the selection and advocation team to get new
trashcans in Downtown San Rafael. They arrived this
year and their sleek appearance really lifts Downtown
San Rafael’s aesthetics.
 Welcome Packets – The BID created an info sheet of
what the BID is, does, and why it exists to give new
Downtown Businesses insight into who we are and what
we do.
 SR Chamber Partnership – The BID now has an office
located at the San Rafael Chamber, which is a great path toward stronger collaborations and networking
opportunities.
 Member emails, newsletters, and updates – Monthly
Newsletters included news on City updates, fellow
business events/openings, and events. Also,
continuously updated members on DPW activity on their
blocks.
 Hands-on help – Executive Director is actively available by phone and in person to meet with and discuss
member activities and concerns.
 Streetary Program- The BID was included in the
development of this program and advocated for more
business involvement, affordability, and frequent
communication during the rollout.
 City partnerships – worked with City government and
departments including Economic Development, Public
Works, Parking, Parks & Recreation, and SRPD.
 Website updates – Gave DowntownSanRafel.org site a
facelift by updating the events page to include all ongoing events, the News page with all news from members and
city updates, added useful San Rafael Business resources to the About Downtown Page, and more.

BIDAccomplishments 2022
 Walking Tour Mobile App - Developed a user-friendly
Walking Tour of Downtown San Rafael on the Distrx
Mobile App, to highlight historical and cultural points of interest throughout the downtown. Funding for long-term implementation pending approval.
 Designed a smART Train Tour Program – Created an
interactive map to emphasize multiple artistic institutions easily accessed along the smART train route, with San
Rafael as the center point. Meetings to further develop the project are expected in fall 2022.
 Partnered with CFI (California Film Institute) and Mill Valley Film Festival – Created a “Ticket Stub Incentive” Program to get the ticket holders and filmmakers inside our Downtown Businesses. The goal is to promote foot
traffic to our BID District to support local small businesses.  Embassy Suites Partnership – The BID partnered with the Embassy Suites in San Rafael to generate more foot traffic Downtown by adding a QR code linking to our events page to their guest’s “What to Do” guide, giving them $5 off to Hops event, and discussing a possible punch card list of deals and discounts that downtown businesses can offer
to their guests.
 Social media director – Board member Erika Bowker
actively posts to 5,600 followers on Instagram and
Facebook and multiplies effects by engaging with
Downtown businesses’ social media and email campaigns.
 Shop Local during the Holiday Season - print and digital ad campaigns for the holiday season and free parkingUpcoming Downtown Sa n Rafael Events

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BIDAccomplishments 2022
Event Success
 Clean & Green Day (Fri. April 22, Earth Day)
 Dining Under The Lights featuring Live Music,
Outdoor Dining, and Kids Activities (Thurs. end of May
through Sept)
 Friday Night Block Party in the West End (Fri. end of May through Oct)
 32nd Annual May Madness (Sat. May 7)
 Downtown BID Night at the Pacifics ( June 21)
 Annual San Rafael BID Mixer (Thur. Sept. 22)
 2nd Annual Hops & Vines Stroll (Sat. Sept 24)
 4th Annual West End Culture Crawl (Sat. Oct. 8)
 34th Annual Trick or Treat on 4th Street & Pet Costume Contest (Sat. Oct. 29)
 Dia De Los Muertos Alter Displays (thru Nov 5)
 Elf Hunt (Nov-Dec)
 San Rafael Parade of Lights & Winterwonderland on
Shop Small Saturday (Nov 26)
In 2022, we brought back many popular events after the
2-year hiatus due to the pandemic and were also able to raise money for the BID in the process.
 Promoted ALL Downtown Events/Activities – To keep
members and the community informed on all things
Downtown, the BID promoted all events in or near
Downtown on our events page & Newsletters, not just
BID-produced events, including 2nd Friday Art Walks, San Rafael PorchFest, Mill Valley Film Festival, Dia De Los Muertos Car Procession, San Rafael Lighted Boat Parade, Heads Up Carnival at Davidson, Doc Lands Film Festival, State of the City Dinner, Youth in Arts C Street
Celebration, and the Sunset Criterium. These events
brought many visitors to our Downtown.
 Dining Under the Lights – The BID continued to support the successful Dining Under the Lights Program. The
block party feel of having several different blocks closed throughout downtown gave businesses the choice to be
involved by booking live bands or bringing their tables into the street for alfresco dining.
 West End Block Party – West End businesses built a
successful Thursday and Friday night block party, which began under Dining Under the Lights, by booking great
bands, creating a welcoming beverage garden and dining
area, and having large neighborhood support. In
partnership with the City, the BID supported the vibrancy that this event brought to Downtown and advocated to
help the organizers continue it as a two-day event,
rather than shortening it to a one day.
 Clean & Green – Every year on Earth Day, the BID and
Cory Bytof with the City of San Rafael coordinate a day of trash clean-up, graffiti removal, polishing street poles, and landscape weeding and mulching. This year, the
event had more volunteers than ever, almost 40 people,
including staff from Bio Marin, SRPD, and many of our
very own BID Board Members.
 May Madness – After a 2-year hiatus, May Madness was
back and ready to Roll in 2022. The BID’s volunteer
event committee and Rick with Gold Rush Jewelers
worked tirelessly to bring thousands of people
downtown to enjoy over 200 hot rods, food, beverages,
and the Classic Car Parade. It was a day to remember.

The BID made a net profit of $6,229.84.
 Dia de los Muertos window displays & Car procession – Downtown merchants will again present window altars
for Day of the Dead in collaboration with Marin
Multicultural Center, San Rafael Dia de los Muertos, City Rec Dept. and artists.

Complete List of BID Events in 2022
Future Marketing, Development, Events, and Operations
DowntownSanRafael.org Phone:415-849-1876 Email:[email protected] Downtown San Rafael BID2023Preliminary Work Plan
 If the ARPA request is approved, funding will go
toward: Marketing & Promotion, Event Planning &
Production, Beautification, Walking Tour App,
Expansion of Second Friday Art Walks, & Community
Public Art Projects.
 Walking Tour App- Launch the Walking Tour App of
Downtown San Rafael with ARPA funds.
 Encourage more family-friendly events and
fundraisers – Work closely with local family groups to
provide the much-needed niche of more family
activities in Downtown.
 Engage with the local College Students – Create a Back to School Night or program, where students can visit
our website and see all the places in Downtown where
their student ID can get them discounts or deals.
 Farmer’s Market – Rebuild the relationship with AIM to bring back the Thursday Night Farmer’s Market to
Fourth Street.
 Makers Markets – Meet with other maker market
producers to bring their event to our downtown on a
Thursday Night.
 smART Train Tour Program – Further develop and
launch the interactive map of art stops along the
SMART train route with our Downtown at the Heart.
 Outdoor Movie Night – Work with Park & Recs to bring
their successful outdoor movie night in the park
program to our Downtown.
 Social Media Manager Contractor - The BID is
interested in hiring a part-time social media contractor to promote and showcase a different Downtown
Business each day on IG & FB. Our current Social Media
Director will still promote our events.
 Add board members, committee members, and
volunteers – Actively recruit committee members and
engage prospective board members to build an
inclusive environment for greater equity and diversity.

If you are interested, please contact us!
 Communicate with members/community outreach –
Continue engagement via website, email, newsletters,
social media, marketing, advertising, & in person
 Beautification & Art – Work with the new City Library & Rec Director to look at public art opportunities.
 Landscaping upgrades - Hardscape landscaping updates
to intersections via volunteer coordination.
 Raise BID funding – Explore supplemental funding
sources through more financially lucrative events,
matching funds from the City, and more.
 Scavenger Hunts – If funding allows, the Walking Tour App can be used to create “Apptivities” and we can
create scavenger hunts within the businesses. If
successful, we’d like to create one for each season.
 Explore partnerships with all local Schools –Create
more collaborative relationships between Dominican
and other SR Schools to expand BID’s reach to create
added visibility and excitement for Downtown.
 Partnership & Collaboration – Continue to align the
BID with the DSRAD, the SR Chamber, Pacifics, Embassy
Suites, CFI, the City, SMART, SRPD, & more.
 Resume Dining Under the Lights & The Friday Block
Party in the West End– Refine the program in
partnership with the City to create an ongoing Summer
outdoor program.
 Events: The BID has committed to continue May
Madness, Hops & Vines, and all other events produced
in 2022.

I want to thank this AMAZING BID Board for their
passion, commitment, experience, and support as we
all work to continue making Downtown San Rafael a
fantastic place to work and live.

I would also like to thank all the Business owners and
staff that have welcomed me as their Director and
that have taken the time to speak with me about
their constructive ideas and experience on 4th Street.

I am passionate about Downtown San Rafael and the
people and businesses that thrive here! Please
don’t hesitate to reach out to me. I look forward to
hearing from you!
-Sarah Tipple, Executive Director
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Document Path: X:\Finance\BID\BID_Edits_20180802.mxd ZBaron Print Date: 8/13/2018 San Rafael Business Improvement District (BID) PREMIUM BID -

STANDARD BID -
2023 BID Assessment Formula
Exhibit B
San Rafael Downtown BID Budget Exhibit C
2021 Year End Fund Balance $61,687 2022 Year End Fund Balance $43,531 Revenues 2022 Programs
Year 2022
Estimated Year End 2023 Programs
Year 2023
Proposed Budget
BID Assessments $61,648 BID Assessments $60,000
Event Income $50,887 Event Income $50,000
Total Operating Income $112,535 $110,000
Expenses
Events May Madness ($19,290) May Madness ($20,000)
Hops and Vines ($9,767) Other Events/Costs: ($32,000)
Culture Crawl ($926) Hops and Vines
Trick or Treat ($450) Culture Crawl
Shop Small & Winter Fest ($2,500) Trick or Treat
Clean and Green Day $0 Winter Wonderland
Clean and Green Day
Event Staffing ($16,475) Mixers
August Hot Nights
West End Celebration
Event Staffing
Events subtotal ($49,408) ($52,000)
Initiatives
Thursday Nights/DUTL
(includes BID staff costs) ($18,217)
Thursday Nights/DUTL
(includes BID staff costs) ($15,000)
West End Block Party
(includes BID staff costs) ($8,237)
West End Block Party
(includes BID staff costs) ($9,000)
Beautification
Initiatives subtotal ($26,454) ($24,000)
Marketing & Promotions Advertising/Marketing ($2,300) Advertising/Marketing ($2,500) Website Maintenance ($1,500) Website Maintenance ($2,000) Member Communication/Mixer ($1,962) BID Member Communication ($1,000) Social Media ($1,000)
Marketing & Promotions Subtotal ($5,762) ($6,500)
Operating Expenses Staffing ($21,966) Staffing ($22,000) Insurance ($4,900) Insurance ($4,900)
Office Expense (supplies,
communications, etc.) ($3,443)
Office Expense (supplies,
communications, etc.) ($3,500)
Professional Fees ($1,500) Professional Fees ($3,000)
Consultant ($7,965) Taxes and Payroll Costs ($5,300)
Taxes and Payroll Costs ($5,292) Rent ($4,800)
Rent ($4,000)
Operating Expenses Subtotal ($49,066) ($43,500)
Total Expenses ($130,691) ($126,000)
Net Profit/(Loss) ($18,156) ($16,000)
Projected 2022 Ending Fund Balance/Carryover to 2023 $43,531 2023 Ending Fund Balance $27,531 Memorandum
To: San Rafael City Council
From: Jed Greene, President
San Rafael Business Improvement District
Date: October 24, 2022
Re: San Rafael Business Improvement District Financial Summary This memorandum highlights the significant 2022 financial activity of the San Rafael Business Improvement District (BID) and the 2023 proposed budget. 2022
Downtown San Rafael is coming back to life after some slow COVID years. The BID hosted numerous events, including two highly successful (and profitable) events: May Madness and the Hops and Vine Stroll.

Unfortunately, our BID assessments were much lower than usual and our costs have increased.

Proceeds from BID assessments decreased to $61,648, approximately 25% lower than our typical assessment revenue of $83,000. Payroll costs, as well as higher costs due to inflation, increased our overall expenses for the year.

We project a loss of approximately $18,000 for 2022, leaving the BID with a cash balance of $43,500. 2023
We will continue to host similar events to last year, plus a few more new events. These events are either profitable or low cost, with a significant benefit to the Downtown community.

We project that our costs will remain high and that our BID assessments will remain similar to 2022. As a result, without additional funding, we will need to postpone some of our initiatives (e.g. beautification, downtown walking app).

We project a loss of approximately $16,000 for 2023, leaving the BID with a cash balance of $27,500.

CITY OF SAN RAFAEL

NOTICE OF PUBLIC HEARING BEFORE THE SAN RAFAEL CITY COUNCIL You are invited to attend the City Council public hearing on the following resolution of intention.

DATE/TIME:

Monday, December 5, 2022, at 7:00 p.m.

LOCATION:

City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, CA 94901. The public may participate either by attending the meeting in person or by teleconference by visiting https://www.cityofsanrafael.org/departments/public-meetings/ for the call-in phone number and meeting ID listed on the agenda (or using Zoom app to connect to this meeting ID).

RESOLUTION NO. 15160

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR CALENDAR YEAR 2023 FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT

DISTRICT
WHEREAS, California Streets and Highways Code Sections 36500 et seq. authorizes cities to establish parking and business improvement areas for the purpose of promoting economic revitalization and physical maintenance of business districts, in order to create jobs, attract new businesses and prevent erosion of business districts; and
WHEREAS, the Downtown San Rafael Business Improvement District (“BID”) was established in 2013 to amend the existing Parking and Business Improvements District instituted in 1979 in the commercial area on and around the Fourth Street corridor in San Rafael; and
WHEREAS, pursuant to San Rafael Municipal Code Chapter 10.09 and California Streets and Highways Code Section 36533, the Advisory Board of the BID shall prepare an annual report for each calendar year in which assessments are to be levied which the City Council shall review; and
WHEREAS, the BID Advisory Board has prepared and filed with the City Clerk its “BID 2022 Annual Report” and the City Council has reviewed and approved the report; NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as follows:

1. The City Council intends to levy and collect an annual benefit assessment for calendar year 2023 on businesses in the Downtown San Rafael Business Improvement District to pay for selected improvements and activities of the BID.

2. The boundaries of the entire area to be included in the BID, and the boundaries of each separate benefit zone within the BID, are set forth in Exhibit A to the BID 2022 Annual Report on file with the City Clerk.

3. The types of improvements and activities proposed to be funded by the levy of assessments on business in the BID are set forth in the BID 2022 Annual Report on file with the City Clerk.

4. The method and the basis for levying the benefit assessment on businesses within the BID and proposed assessments to be levied for calendar year 2023 are set forth in San Rafael Municipal Code Section 10.09.050 and Exhibit B to the BID 2022 Annual Report on file with the City Clerk.

5. All funds of the BID shall be expended on improvements and activities within the BID.

6. New businesses shall not be exempt from payment of the fee.

7. A public hearing to consider the levy of the BID assessment shall be held before the City Council on December 5, 2022 at 7 p.m. in the Council Chambers, 1400 Fifth Avenue, San Rafael, California or by teleconference by visiting https://www.cityofsanrafael.org/departments/public-meetings/ for the call-in phone number and meeting ID listed on the agenda (or using Zoom app to connect to this meeting ID).

At the public hearing the testimony of all interested persons, for or against the levy of the BID assessment or on any of the matters included in the assessment, will be heard and all protests collected.

8. A protest against the assessment of the BID, or any aspect of the assessment may be made in writing or orally at the public hearing. To be counted as a part of a majority protest against the assessment of the BID, a protest must be in writing and from a business in the BID. A written protest may be withdrawn from the record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City of San Rafael as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest of the regularity of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made.

9. If at the conclusion of the public hearing on December 5, 2022 there is a record of written protests by business owners within the BID who will pay fifty percent (50%) or more of the total assessments of the entire BID, no further proceedings to levy the proposed assessment shall occur for a period of at least one year from the date of the finding of the majority written protest by the City Council. If the majority written protest is against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.

10. Further information regarding the Downtown San Rafael Business Improvement District may be obtained from the Office of Economic Development at 1400 Fifth Avenue, San Rafael, CA 94901.

11. The City Clerk is directed to give notice of said public hearing by publishing this resolution of intention once in a newspaper of general circulation in the City of San Rafael, at least seven days before the hearing; and by mailing a complete copy of this Resolution of Intention to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes.

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 21st day of November 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

Lindsay Lara, City Clerk
Agenda Item 4.a
1 ORDINANCE NO. 2022
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 12 (BUILDING

REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE FOR ELECTRIC VEHICLE CHARGERS; AMENDING THE 2022 CALIFORNIA MECHANICAL CODE AND THE 2022

CALIFORNIA PLUMBING CODE TO LIMIT FUEL GAS IN EXISTING SINGLE FAMILY HOMES

AND DUPLEXES, AND PROHIBIT FUEL GAS IN NEW CONSTRUCTION WITH LIMITED EXCEPTIONS; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE CODES.

THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. AMENDMENTS TO MUNICIPAL CODE.

Chapter 12.235 of the Municipal Code of the City of San Rafael is hereby amended to read as follows:

CHAPTER 12.235 - CALIFORNIA GREEN BUILDING CONSTRUCTION STANDARDS CODE

AMENDMENTS

12.235.010 General. For purpose of this Chapter:

Deleted language from the base code has been stricken through.

Replacement language to the base code has been underlined.

12.235.020 Amendments. The 2022 California Green Building Standards Code is amended or modified as follows:

Delete Section 4.106.4.1 and replace in its entirety to read as follows:

4.106.4.1 New One- And Two-Family Dwellings and Town-Houses. For each dwelling unit, install a 40 ampere 208/240 volt dedicated EV branch circuit, capable of supporting Level 2 EVSE, terminating with a receptacle or an EV charger in close proximity to the vehicle charging area.

Delete Subsection 4.106.4.1.1 in its entirety.

Subsection 4.106.4.2 [unchanged].

Delete Subsection 4.106.4.2.1 and replace in its entirety to read as follows:

4.106.4.2.1 New Hotels and Motels. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of total number of parking spaces on the building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

Agenda Item 4.a
2 Exceptions: When EV chargers (Level 2 EVSE) or EV Ready are installed in a number greater than the minimum required, the EV capable spaces may be reduced by the same number.

2. EV Ready. Thirty-five (35) percent of total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. Conduit size and junction boxes for EV ready must be sized for Level 2 EVSE as in accordance with the California Electrical Code.

Exceptions:

1. Areas of parking facilities served by parking lifts.

2. When EV chargers (Level 2 EVSE) are installed in a number greater than the required, the EV ready spaces may be reduced by the same number.

3. EV Chargers. Ten (10) percent of total number of parking spaces shall be equipped with Level 2 EVSE.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

Delete Subsection 4.106.4.2.2 and replace in its entirety to read as follows (subsection 4.106.4.2.2.1 remains unchanged):

4.106.4.2.2 New Multifamily Dwellings and New Residential Parking Facilities. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Ready. Eighty-five (85) percent of total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit. Conduit size and junction boxes for EV ready must be sized for Level 2 EVSE as in accordance with the California Electrical Code.

Exceptions:

1. Areas of parking facilities served by parking lifts.

2. When EV chargers (Level 2 EVSE) are installed in a number greater than the required, the EV ready spaces may be reduced by the same number.

2. EV Chargers. Fifteen (15) percent of total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station Agenda Item 4.a
3 (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

Subsection 4.106.4.2.2.1 [unchanged].

CHAPTER 12.245 - CALIFORNIA MECHANICAL CODE AMENDMENTS

12.245.010 General. For purpose of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.245.020 Amendments. The 2022 California Mechanical Code is amended or modified as follows:

Amend Section 1301.1 to read as follows:
1301.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping in or in connection with a building, structure or within the property lines of premises up to 5 poundsforce per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other than service pipe. Fuel oil piping systems shall be installed in accordance with NFPA 31.

Exceptions:

1. Fuel gas and oil piping is prohibited in new construction unless for use in emergency electrical generation when required by the code, commercial kitchen for preparing food, commercial laundry for laundry, or in an approved industrial process.

2. Existing fuel gas and oil piping in one- and two-family dwellings may not be expanded unless overall gas use is reduced, unchanged, or is for additional attached housing.

3. Existing gas meter service size in one- and two-family dwellings may not be increased unless the increase is required for additional attached housing.

At the discretion of the building official, the building official may approve fuel gas in new construction or expand fuel gas in existing construction when replacing with electric has been demonstrated to be technically infeasible or has a disproportionate cost to the project causing an insurmountable hardship.

CHAPTER 12.250 - CALIFORNIA PLUMBING CODE AMENDMENTS

12.250.010 General. For purpose of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.250.020 Amendments. The 2022 California Plumbing Code is amended or modified as follows:

Amend Section 1201.1 to read as follows:
1201.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping in or in connection with a building, structure or within the property lines of premises up to 5 poundsforce per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other than service pipe. Fuel oil piping systems shall be installed in accordance with NFPA 31.

Agenda Item 4.a
4 Exceptions:

1. Fuel gas and oil piping is prohibited in new construction unless for use in emergency electrical generation, commercial kitchen for preparing food, commercial laundry for laundry, or in an approved industrial process.

2. Existing fuel gas and oil piping in one- and two-family dwellings may not be expanded unless overall gas use is reduced, unchanged, or is for additional attached housing.

3. Existing gas meter service size in one- and two-family dwellings may not be increased unless the increase is required for additional attached housing.

At the discretion of the building official, the building official may approve fuel gas in new construction or expand fuel gas in existing construction when replacing with electric has been demonstrated to be technically infeasible or has a disproportionate cost to the project causing an insurmountable hardship.

DIVISION 2 FINDINGS.

The San Rafael City Council finds that the scientific evidence has established that natural gas combustion as well as leakage occurring during natural gas procurement, transportation, storage, and distribution produce significant greenhouse gas emissions that contribute to global warming, climate change and sea level rise.

California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Therefore, the San Rafael City Council hereby finds that these changes or modifications to the California Green Building Standards Code, the California Plumbing Code and the California Mechanical Code as adopted in Chapter 12.200 of the San Rafael Municipal Code are reasonably necessary because of the following local climatic, geological and topographical conditions:

I. Climatic conditions:
a) Most of the annual rainfall in San Rafael occurs during the winter, it receives no measurable precipitation between May and October. During this time, temperatures average between 70 and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-Ana winds; all of which contribute to an elevated fire hazard.
b) Most of the annual rainfall in San Rafael occurs during the winter, and some portions of San Rafael are subject to tidal influences, there are times that flooding conditions occur in low-lying areas
II. Geologic conditions:
a) San Rafael lies near several earthquake faults, including the very active San Andreas Fault, there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance. b) Many areas of the city, including some highly developed industrial and commercial areas, are located on bay alluvial soils which are subject to liquefaction in the event of an earthquake.

Agenda Item 4.a
5 III. Topographic conditions:
a) Much of San Rafael is located in hilly areas, and many of the residential areas are heavily landscaped, and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and canyons results in narrow and winding roads, and limited water supply, making timely access, rescue and firefighting activities by emergency providers difficult. b) The major arterial route between San Francisco and Marin and Sonoma county areas, Highway 101, bisects the City of San Rafael; should that highway become impassable, alternative routes via surface streets in San Rafael may cause heavy traffic congestion, limiting emergency access.

More specifically, the above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification.

Cal Green Section Numbers Climatic, geological and topographical condition

4.106.4.1. Ia, Ib, IIa, IIIa, IIIb

4.106.4.2.1 Ia, Ib, IIa, IIIa, IIIb

4.106.4.2.2. Ia, Ib, IIa, IIIa, IIIb
CMC Section Numbers
1301.1 Ia, Ib, IIa, IIIa, IIIb
CPC Section Numbers
1201.1 Ia, Ib, IIa, IIIa, IIIb
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061(b)(3), since it can be seen with certainty that the adoption of this Ordinance would not have potential for causing a significant effect on the environment. (14 Cal. Code Regs. Section 15061(b)(3), ‘general rule’ provision). The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

DIVISION 4 SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.

DIVISION 5. EFFECTIVE DATE OF ORDINANCE.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effective thirty (30) days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against Agenda Item 4.a
6 same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 21st day of November 2022, and was passed and adopted at a regular meeting of the San Rafael City Council on the 5th day of December 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2022
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 12 (BUILDING REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE FOR ELECTRIC VEHICLE CHARGERS; AMENDING THE 2022 CALIFORNIA MECHANICAL CODE AND THE 2022 CALIFORNIA PLUMBING CODE TO LIMIT

FUEL GAS IN EXISTING SINGLE FAMILY HOMES AND DUPLEXES, AND PROHIBIT FUEL GAS IN NEW CONSTRUCTION WITH LIMITED EXCEPTIONS; AND

ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE CODES.

This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2022 which will amend Title 12 of the City of San Rafael Municipal Code concerning the 2022 California green building standards code for electric vehicle chargers; the 2022 California mechanical code and the 2022 California plumbing code to limit fuel gas in existing single-family homes and duplexes, and prohibit fuel gas in new construction with limited exceptions. Ordinance No. 2022 is scheduled for adoption by the San Rafael City Council at its regular meeting of December 5, 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
This Ordinance would amend Title 12 (Building Regulations) of the San Rafael Municipal Code, by amending the 2022 California Green Building Standards Code for electric vehicle chargers; amending the 2022 California Mechanical Code and the 2022 California Plumbing Code to limit fuel gas in existing single family homes and duplexes, and prohibit fuel gas in new construction with limited exceptions.

For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: November 25, 2022