Agenda packet — San Rafael City Council, June 17, 2024 (part 1 of 4)

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 17, 2024
REGULAR MEETING AT 6:00 P.M.

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-06-17 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:30 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:30 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 2 cases

1. Robin Casper v. City of San Rafael, et al. (Marin Superior Court, Case No. CIV2204042)

2. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
b. CONFERENCE WITH LABOR NEGOTIATORS – GOVERNMENT CODE SECTION 54957.6 Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen) Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, and Angela Robinson Piñon
Employee Organizations: San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association; San Rafael Mid-Management Employee Association; Unrepresented Executive Management CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 3, 2024 (CC) Recommended Action - Approve minutes as submitted
b. Northgate Mall Redevelopment Project Environmental Consulting Services Authorize the City Manager to Execute the Second Amendment to the Professional Services Agreement with LSA Associates, Inc. for Environmental Consulting Services for the Northgate Mall Redevelopment Project in an Amount of $175,895, for a Total Contract Amount of $510,851 (CED)
Recommended Action – Authorize the City Manager to execute the second amendment to the professional services agreement with LSA Associates, Inc. for environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $175,895, for a total not to exceed contract amount of $510,851 c. Agreement for On-Call Planning and Environmental Consulting Services Authorize the City Manager to Enter into a Professional Services Agreement with M-Group for On-Call Planning and Environmental Consulting Services in an Amount Not to Exceed $250,000 (CED)
Recommended Action – Authorize the City Manager to enter into a professional services agreement with M-Group for on-call planning and environmental consulting services in an amount not to exceed $250,000
d. Agreement for Fiscal Impact Analysis and Real Estate Advisory Services Authorize the City Manager to Execute the First Amendment to the Agreement for Professional Services with Seifel Consulting for Continued Fiscal Impact Analysis and Real Estate Advisory Services Related to the Northgate Town Square Project in an Amount of $30,000, for a Total Not to Exceed Contract Amount of $104,900 (CED) Recommended Action – Authorize the City Manager to execute the first amendment to the agreement for professional services with Seifel Consulting for continued fiscal impact analysis and real estate advisory services related to the Northgate Town Square Project in an amount of $30,000, for a total not to exceed contract amount of $104,900 e. Library Parcel Tax Rate for Fiscal Year 2024-25
Report Establishing the Annual Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year 2024-25 as Authorized by San Rafael Municipal Code Chapter 3.36 (Voter-Approved Measure D) (Fin/Lib)
Recommended Action – Accept report
f. Paramedic Tax Rate for Fiscal Year 2024-25
Resolution Maintaining Paramedic Service Special Tax Rates at Their Current Levels for Fiscal Year 2024-25 (FD)
Recommended Action – Adopt Resolution
g. Park and Recreation Month Proclamation
3 Proclamation Designating July 2024 as Park and Recreation Month Recommended Action – Receive and file
h. Recreation Events Unarmed Security Guard Services Agreement with Barbier Security Group
Authorize the City Manager to Negotiate and Enter into a Professional Services Agreement with Barbier Security Group for Security Guard Services in an Amount Not to Exceed $600,000 for a Five-Year Term (LR)
Recommended Action – Authorize the City Manager to negotiate and enter into a professional services agreement with Barbier Security Group for security guard services in an amount not to exceed $600,000 for a five-year term
i. Special Event Street Closures in San Rafael
Resolution Authorizing the Temporary Closure of Streets in San Rafael for Special Events (PD)
Recommended Action – Adopt Resolution
j. Baypoint Lagoons Assessment District
Baypoint Lagoons Landscaping and Lighting Assessment District Annual Assessment FY 2024-25 (PW):
i. Resolution Directing Filing of Engineer's Annual Report FY 2024-25 ii. Resolution Approving Engineer's Annual Report FY 2024-25 iii. Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 Recommended Action – Adopt Resolutions
k. Point San Pedro Road Median Landscaping Assessment District Point San Pedro Road Median Landscaping Assessment District Annual Assessment FY 2024-25 (PW):
i. Resolution Directing Filing of Engineer's Annual Report FY 2024-25 ii. Resolution Approving Engineer's Annual Report FY 2024-25 iii. Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 Recommended Action – Adopt Resolutions
l. FY 2024-25 Road Maintenance and Rehabilitation Account Projects, Funded by Senate Bill 1
Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1:

The Road Repair and Accountability Act of 2017 (PW)
Recommended Action – Adopt Resolution
m. PG&E Tower Easement Modification Agreement
Resolution Authorizing The City Manager to Execute an Easement Modification Agreement with Pacific Gas and Electric Company (PG&E) for the Tower Easement on APNs 009-032-06 and 009-032-07 (PW)
Recommended Action – Adopt Resolution
n. Caltrans Maintenance Agreement
Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans (PW) 4 Recommended Action – Adopt Resolution

SPECIAL PRESENTATIONS

5. Special Presentations:
a. Presentation of Proclamation Supporting Juneteenth (HR)

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. General Fund Reserve Policy
Resolution Updating the City’s General Fund Reserve Policy (Fin) Recommended Action – Adopt Resolution
b. City Investment Policy
Resolution Approving the City of San Rafael Investment Policy (Fin) Recommended Action – Adopt Resolution
c. Final Citywide Budget for Fiscal Year 2024-25, Gann Legal Spending Limit; Measure A Workplan, Capital Improvement Program, and Capital and Infrastructure Workplan i. Resolution Approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2024-25; Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $211,121,633, with Net Appropriations of $179,844,098
Recommended Action – Adopt Resolution
ii. Resolution Approving Fiscal Year 2024-25 Gann Appropriations Limit at $185,036,651 Recommended Action – Adopt Resolution
iii. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2024-25
Recommended Action – Adopt Resolution
iv. Approval of the Capital Improvement Program – FY 2024-25 through FY 2026-27 and Related Capital and Transportation Infrastructure Workplan (Fin) Recommended Action – Approve the Capital Improvement Program – FY 2024-25 through FY 2026-27 and related Capital and Transportation Infrastructure Workplan FY 2023-25 d. Successor Memorandum of Understanding with American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1), Beginning July 1, 2024 through June 30, 2027 (CM/HR)
Recommended Action – Adopt Resolution
e. Successor Memorandum of Understanding with Western Council of Engineers’ (WCE) Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for Western Council of Engineers’ (WCE), Beginning July 1, 2024 through June 30, 2027 (CM/HR)
Recommended Action – Adopt Resolution

PUBLIC HEARINGS

7. Public Hearings:
5 a. Amendments to Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”
Introduction of An Ordinance Amending Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal Emergency Management Agency’s Minimum Standards for Development in Flood Hazard Areas (PW) Recommended Action – Introduce the ordinance, waive further reading of the ordinance, and refer to it by title only
b. Stipend Compensation Program for Boards, Commissions and Committees; And City Council Compensation
Resolution Amending Bylaws for Boards, Commissions and Committees to Include Stipends and Introduction of an Ordinance Adjusting the Compensation for the Mayor and City Council (CM)
Recommended Action – Adopt Resolution; And Introduce the ordinance, waive further reading of the ordinance, and refer to it by title only

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

SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar:
a. Dissolution of the Successor Agency to the Former San Rafael Redevelopment Agency Resolution of the Successor Agency to the Redevelopment Agency of the City of San Rafael in the Matter of Approving a Request to Formally Dissolve the Successor Agency (Fin) Recommended Action – Adopt Resolution
ADJOURNMENT:

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

Minutes subject to approval at the June 17, 2024 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 3, 2024
REGULAR MEETING AT 6:00 P.M.

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-06-03 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 5:30 PM

1. Mayor Kate announced Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 2 cases Workers’ Compensation Appeals Board Case No. ADJ16750346 (Claim No. 2193400026) Workers’ Compensation Appeals Board Case No. ADJ17551891 (Claim No. 2293400123)

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Mayor Kate

Absent: Councilmember Llorens Gulati
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present, except for Councilmember Llorens Gulati.

City Attorney Robert Epstein announced that no reportable action was taken in closed session. 2 Mayor Kate provided opening remarks which included the Pride flag raising ceremony held before the meeting, gratitude to City Staff, an announcement of the City’s new Fire Chief Abraham Roman, Gun Violence Awareness Month and a land acknowledgment.

City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

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

3. City Manager and Councilmember Reports:

City Manager Cristine Alilovich announced:
• Pride Month -
o Downtown Business Improvement District to celebrate with a Pride Art Walk o The California Film Institute to host a Pride Film Festival o The Suicide Prevention Collaborative to host a virtual meeting called A Holistic Approach to LGBTQ+ Allyship for Suicide Prevention to be held Wednesday, June 5, 2-3 p.m.
o Downtown Library to host a Read with Pride event to be held Saturday, June 15, 11 a.m.–3 p.m.
• Sea Level Rise community open house to be held Saturday, June 8, at the Al Boro Community Center, 9 a.m.–noon.
• Juneteenth talk with historian John William Templeton to be held Tuesday, June 11 at the Downtown Library, 6-7 p.m.
• City administrative services and offices to be closed Wednesday, June 19, in observance of Juneteenth
City Councilmember Reports:
• Vice Mayor Hill reported on a Marin County Council of Mayors and Councilmembers (MMC) meeting and his nomination as President.
• Councilmember Kertz reported on the MCCMC meeting and her appointment to represent the large cities on the planning for the bay area housing bond measure. Also, she attended the Chamber of Commerce Art with Purpose celebration. • Councilmember Bushey reported on a Marin Transit Board meeting and the MCCMC meeting.
• Mayor Kate reported on a Transportation Authority of Marin meeting and a Safe Routes to Schools meeting. Also, she threw the first pitch for the San Rafael Pacifics.

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

CONSENT CALENDAR:

Mayor Kate invited public comment on the Consent Calendar items; however, there were none.

Councilmember Bushey moved and Councilmember Kertz seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of May 20, 2024 (CC) 3 Approved minutes as submitted
b. Ordinance Amending Green Building Codes
Final Adoption of Ordinance No. 2036: An Ordinance of the San Rafael City Council Amending Title 12 (Building Regulations) of the San Rafael Municipal Code, By Amending the California Energy Code, the 2022 California Green Building Standards Code for Electric Vehicle Chargers, the 2022 California Mechanical Code, and the 2022 California Plumbing Code; Adding a New Chapter 12.360 with Administrative and Program Regulations on Model Reach Codes; and Adopting Findings of Fact Supporting the Amendments to the Codes (CC)
Final Adoption of Ordinance No. 2036
c. Statement of Economic Interests Annual Filings
Accept Report on Fair Political Practices Commission Form 700, Statement of Economic Interests, 2023 Annual Filings, for Section 87200 Filers and Designated Employees, Including Consultants, Design Review Board and Park and Recreation Commission (CC) Accepted report
d. 2024 General Municipal Election
Resolution Calling and Giving Notice of At-Large Elections, By-District Elections for Districts 1/Southern and 4/Northern, and San Rafael Board of Education Trustee Area Elections for Areas 1, 3 and 5, to be Held on November 5, 2024, Requesting the Marin County Board of Supervisors to Consolidate with Any Other Election Conducted on Said Date, and Requesting Election Services (CC)
Resolution 15290 - Resolution Calling and Giving Notice of At-Large Elections, By-District Elections for Districts 1/Southern and 4/Northern, and San Rafael Board of Education Trustee Area Elections for Areas 1, 3 and 5, to be Held on November 5, 2024, Requesting the Marin County Board of Supervisors to Consolidate with Any Other Election Conducted on Said Date, and Requesting Election Services
e. Proclamations
Proclamations Supporting:
i. LGBTQIA+ Pride Month
ii. National Gun Violence Awareness Day
iii. National Immigrant Heritage Month
iv. Alzheimer's and Brain Awareness Month
Received and filed
f. Five-Year Agreement with Axon Enterprise, Inc. for Police Department Technology Hardware and Software Services
Authorize the City Manager to Enter into a Five-Year Agreement with Axon Enterprise, Inc. in the Total Amount Not to Exceed $1,215,531.82 (PD)
Authorized the City Manager to enter into a five-year agreement with Axon Enterprise, Inc. in the total amount not to exceed $1,215,531.82
g. Lincoln Avenue Corridor Safety Improvements Project Funding Agreement Resolution Approving and Authorizing the City Manager to Execute a Program Supplement Agreement with Caltrans to Receive State Funds (PW) Resolution 15291 - Resolution Approving and Authorizing the City Manager to Execute a Program Supplement Agreement with Caltrans to Receive State Funds 4 AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati

PUBLIC HEARINGS

5. Public Hearings:
a. AB 481 Military Equipment Annual Report and Renewal of Military Equipment Use Policy Resolution Renewing the Ordinance Approving San Rafael Police Department Military Equipment Use Policy 706 (PD)
Lieutenant Scott Eberle presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Bushey seconded to adopt the resolution Renewing the Ordinance Approving San Rafael Police Department Military Equipment Use Policy 706
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15292 - Resolution Renewing the Ordinance Approving San Rafael Police Department Military Equipment Use Policy 706

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Preliminary Citywide Proposed Budget for Fiscal Year 2024-25 Preliminary Citywide Proposed Budget and Proposed Capital Improvement Program for Fiscal Year 2024-25 (Fin)
City Manager Cristine Alilovich introduced the item.

Finance Director Paul Navazio and Assistant Director of Public Works Joanna Kwok presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Zoe Neil, Downtown Streets Team, Shinji Sakai-Egi Staff responded to questions from the community.

Councilmembers provided comments.
5 Councilmember Kertz moved and Councilmember Bushey seconded to receive the report on the Preliminary Citywide Proposed Budget and Proposed Capital Improvement Program for Fiscal Year 2024-25
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Received report related to the Preliminary Citywide Proposed Budget for Fiscal Year 2024-25 and provided direction to staff to inform preparation of the Final Proposed FY 2024-25 Budget for adoption at the City Council meeting of June 17, 2024
b. Economic Development Strategic Plan
Economic Development Strategic Plan Annual Report (CED) Community & Economic Development Director Micah Hinkle and Economic Development Program Manager Stacey Loughman presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to accept the Economic Development Strategic Plan Annual Report.

AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Accepted report
c. Successor Memorandum of Understanding with San Rafael Police Mid-Management Association (SRPMMA)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Police Mid-Management Association (SRPMMA), Beginning June 1, 2024 Through June 30, 2027) (CM/HR) Nick Biss, Principal Human Resources Analyst presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Kertz seconded to adopt the resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Police Mid-Management Association (SRPMMA), Beginning June 1, 2024 Through June 30, 2027)
6 AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15293 - Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Police Mid-Management Association (SRPMMA), Beginning June 1, 2024 Through June 30, 2027) d. Successor Memorandum of Understanding with San Rafael Fire Chief Officers’ Association (SRFCOA)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers’ Association (SRFCOA), Beginning June 1, 2024 Through June 30, 2027) (CM/HR) Nick Biss, Principal Human Resources Analyst presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers’ Association (SRFCOA), Beginning June 1, 2024 Through June 30, 2027)
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15294 - Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers’ Association (SRFCOA), Beginning June 1, 2024 Through June 30, 2027) e. An Initiative Measure to Provide Funding for the Construction of a New Main Library and Community Center at Albert Park
I. Certificate of Sufficiency of the Petition for the Proposed Initiative Measure Amending the City of San Rafael’s Municipal Code to Provide Funding for Construction of a New Main Library and Community Center at Albert Park
II. Resolution Ordering the Submission to the Qualified Electors of the City of San Rafael a Citizen-Sponsored Initiative Measure to Amend the Municipal Code to Provide Funding for Construction of a New Main Library and Community Center at Albert Park in Downtown San Rafael, at the Consolidated General Election on Tuesday November 5, 2024; Establishing the Schedule for Submission of Ballot Arguments; and Authorizing and Requesting the County of Marin Conduct the Election (CC) City Clerk Lindsay Lara and City Attorney Robert Epstein presented the Staff Report. 7 Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Joe O’Hare, San Rafael Public Library Foundation Board & Revitalize San Rafael Library and Community Center Campaign, Kingston Cole, Coalition of Sensible Tax Payers (COST), Chuck Stuckey, Gary Ragghianti, San Rafael Public Library Foundation, Brad Sears Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to Accept Certificate of Sufficiency of the petition for the proposed Initiative Measure amending the City of San Rafael’s Municipal Code to provide funding for construction of a new main library and community center at Albert Park
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Accepted Certificate of Sufficiency of the petition for the proposed Initiative Measure amending the City of San Rafael’s Municipal Code to provide funding for construction of a new main library and community center at Albert Park
Councilmember Bushey moved and Vice Mayor Hill seconded to Adopt the Resolution Ordering the Submission to the Qualified Electors of the City of San Rafael a CitizenSponsored Initiative Measure to Amend the Municipal Code to Provide Funding for Construction of a New Main Library and Community Center at Albert Park in Downtown San Rafael, at the Consolidated General Election on Tuesday November 5, 2024; Establishing the Schedule for Submission of Ballot Arguments; and Authorizing and Requesting the County of Marin Conduct the Election.

AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15295 - Resolution Ordering the Submission to the Qualified Electors of the City of San Rafael a Citizen-Sponsored Initiative Measure to Amend the Municipal Code to Provide Funding for Construction of a New Main Library and Community Center at Albert Park in Downtown San Rafael, at the Consolidated General Election on Tuesday November 5, 2024; Establishing the Schedule for Submission of Ballot Arguments; and Authorizing and Requesting the County of Marin Conduct the Election

OPEN TIME FOR PUBLIC EXPRESSION
The following people addressed the City Council regarding the City’s labor agreements:
• The following speakers addressed the city council regarding SEIU labor negotiations:
o Jocelyn, Joe, Jana Blunt, Trisha Cerutti-Saylors, Kenny SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:
8 Mayor Kate adjourned the meeting at 9:36 p.m. in honor of Cyr Miller, former City Councilmember. ___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2024
_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.b
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: April Talley, Project Director City Manager Approval: ______________ TOPIC: NORTHGATE MALL REDEVELOPMENT PROJECT ENVIRONMENTAL CONSULTING

SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR

ENVIRONMENTAL CONSULTING SERVICES FOR THE NORTHGATE MALL REDEVELOPMENT PROJECT IN AN AMOUNT OF $175,895, FOR A TOTAL CONTRACT AMOUNT OF $510,851.

RECOMMENDATION:

Staff recommends that the City Council Authorize the City Manager to execute the second amendment to the professional services agreement with LSA Associates, Inc. for additional environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $175,895, for a total not to exceed contract amount of $510,851.

BACKGROUND:

The Northgate Mall is a 44.76-acre site consisting of six parcels (APNs: 175-060-12, -40, -59, -61, -66 & 67). Originally opened in 1965 with The Emporium as its original anchor tenant, the Mall is currently developed with 766,512 square feet of commercial space, surface parking lots, and one parking garage structure. In 2017, Melone Geier acquired the project site and, in March 2021, filed an application for the phased redevelopment of the Mall through the demolition of most of the mall structure including the Sears, Macy's, and Kohl's anchor buildings, redevelopment of commercial spaces, the construction of new commercial pads at the northern periphery of the property, construction of new structured and surface level parking facilities, development of approximately 1,422 multi-family dwelling units, and new community open space and amenities. The applicant proposes to complete this redevelopment in two phases pursuant to its 2025 Master Plan and 2040 Vision Plan.

The project will require environmental review pursuant to the California Environmental Quality Act (CEQA). In September 2021, following a Request for Proposal (RFP) process, staff selected the firm of LSA Associates, Inc. (“LSA”) as the consultant to prepare an Environmental Impact Report (EIR) for the Northgate Mall redevelopment project. LSA’s scope of work for services is outlined in Attachment 1. A summary of this scope is provided as follows:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
 Finalize Draft Environmental Impact Report. Preparation of an EIR is laid out in tasks from project initiation; technical study peer review; preparation of setting, impacts, and mitigation measures for CEQA topics; identification and evaluation of alternatives; preparation of appropriate conclusions to fulfill CEQA requirements by providing an assessment of several mandatory impact categories; and responding to public comments.
 Schedule/Timeline. LSA anticipates completion of the CEQA process with a Final EIR within 3 months of the City’s execution of the amendment.
 Budget. The contract amendment is proposed with a not-to-exceed amount of $175,895 and captures additional scope items and tasks to complete the Final EIR. See Attachment 2 for scope and cost details.

ANALYSIS:

City Staff have been working to coordinate the Draft Environmental Impact Report for the Northgate Mall Redevelopment Project. The City, along with LSA, issued the Draft Environmental Impact Report on January 5, 2024. The public comment period began on January 5th and ended on March 5, 2024. LSA has begun to enumerate and bracket public comments based on CEQA relevancy and will respond to comments in the Final Environmental Impact Report. Upon completion, the Final Environmental Impact Report will be presented to the Planning Commission for acceptance.

The second amendment to the professional services agreement will support the completion of the outstanding administrative tasks associated with finalizing the Final Environmental Impact Report.

FISCAL IMPACT:

The proposal from LSA to finalize the Draft Environmental Impact Report totals $175,895. This would increase the total contract amount to $510,851.

The funds needed to cover the cost of these services will be covered by the project applicant as agreed upon in their executed Reimbursement Agreement.

OPTIONS:

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

1. Authorize the City Manager to execute the contract amendment.

2. Do not authorize the City Manager to enter into the agreement and provide further direction to staff.

3. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council:

Authorize the City Manager to execute the second amendment to the professional services agreement with LSA Associates, Inc. for additional environmental review services associated with the Northgate Townsquare Project, in the amount not to exceed $175,895, for a total not-to-exceed contract amount of $510,851.

ATTACHMENTS:

1. Second Amendment to the Professional Services Agreement with LSA Associates for environmental review services.

2. LSA Scope and Cost Proposals
1 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR

THE NORTHGATE MALL REDEVELOPMENT APPLICATION
THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and LSA ASSOCIATES, INC. (hereinafter “CONSULTANT”), is made and entered into as of the __6th____ day of __June_____, 2024.

RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated December 3, 2021 to perform professional services in connection with CITY’S Northgate Mall Redevelopment Application project, for an amount not to exceed $260,350 (the “Agreement”); and
WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services.

AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:

1. Article II of the Agreement, entitled “DUTIES OF CONSULTANT” is hereby amended to include the additional services set forth in CONSULTANT’s proposal dated June 6, 2024, attached to this Second Amendment as Exhibit A and incorporated herein by reference.

2. Article IV of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this Second Amendment, on a fixed fee basis in accordance with the Exhibit A, in a not-to-exceed amount of $175,895, and to change the total not-to-exceed amount under the Agreement to $510,861.

3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.

IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written.
2 CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Contractor is a corporation, add signature
of second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ROBERT F. EPSTEIN, City Attorney
6/7/24 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod5_060624.docx)

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net June 6, 2024
April Talley
Project Director
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Subject: Northgate Mall Redevelopment Project Environmental Review ‐ Contract Modification Request #5 to Complete the Final Environmental Impact Report Dear April:

The purpose of this letter is to formally request a Contract Modification for the Northgate Mall Redevelopment Project environmental review process, which was initiated in October 2021. LSA is requesting additional funds to respond to public comment and prepare and finalize the Final EIR for certification. As of the Draft EIR comment period close on March 15, 2024, approximately 260 comment letters have been received. While the majority are brief one‐page submissions that include 1 to 5 individual comments requiring a response that cross references more substantive earlier comments and responses, approximately 20 of the letters submitted include detailed comments on technical items that require additional research and analysis in order to provide a thorough response. A number of these letters were submitted by law firms representing various public interest groups and organizations. These 20 letters alone comprise approximately 175 discrete comments. LSA estimates a total of approximately 500 total comments were received on the Draft EIR.

The original contract assumed a placeholder budget of $18,230 to prepare the Administrative Draft Response to Comments Document and a total budget of $29,605 for the entire Final EIR effort.

Based on LSA’s experience in preparing responses to comments and Final EIRs for similar large‐scale projects subject to intense public scrutiny, LSA assumes an average cost of $375 to respond to an individual comment; this takes into account reviews of each comment by planning and technical staff as necessary, bracketing of comments, organization and coordination with team members on draft responses, drafting of responses, revisions as needed, and QA/QC by LSA’s document management staff. The use of master responses and cross‐referencing is also assumed. This also assumes additional meetings and coordination with the project team, as well as up to two rounds of consolidated reviews by the City.

Assuming a total of 500 comments at an average cost of $375 per comment; LSA’s cost estimate to complete the Response to Comments Document is $187,500. Please note that to date, and through submittal of the Administrative Draft of responses to all agency and organization comments, LSA has expended approximately $116,605. This includes organization, bracketing and drafting of responses to all other comments. LSA is currently in the process of finalizing the responses to the individual comments and the public hearing transcript comments for submittal to the City for review. 6/7/24 (P:\CSR2001.03 Northgate\ADMIN\Contract\Northgate EIR_ConMod5_060624.docx) 2 Given the above, LSA is requesting a contract modification in the amount of $157,895 to complete the Final EIR for the Northgate Mall Redevelopment Project. This would bring the total contract amount to $510,851.

We would be glad to discuss this request further if you have any questions or suggestions. We request that written authorization for the requested contract modification be provided at your earliest possible convenience.

Sincerely,
LSA Associates, Inc.

Theresa Wallace, AICP
Principal

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.c
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: April Talley,
Project Director
City Manager Approval: ______________
TOPIC: AGREEMENT FOR ON-CALL PLANNING AND ENVIRONMENTAL CONSULTING

SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES

AGREEMENT WITH M-GROUP FOR ON-CALL PLANNING AND ENVIRONMENTAL CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $250,000.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with M-Group for on-call planning and environmental consulting services in an amount not to exceed $250,000.

BACKGROUND:

The M-Group has been providing on-call planning and environmental consulting services to provide additional staff augmentation for increased development applications and to address short-term staffing gaps. These conditions continue to exist and, therefore, necessitate the need for ongoing on-call planning and environmental consulting services, especially as the department continues to process applications for a myriad of lower-profile development applications and numerous larger residential (Dominican Valley) and mixed-use (Northgate Mall) development applications. Because of the complexity and amount of time involved in analyzing land use and environmental review applications, the department continues to need assistance from land use and environmental consulting firms to provide guidance on the CEQA process and to prepare the necessary land use and environmental documents.

ANALYSIS:

M-Group has consistently demonstrated that they have staff with the ability and flexibility to deliver highquality services. The firm has been instrumental in moving development applications through the City’s entitlement phase in light of staffing challenges. As such, M-Group has been assigned project management to complex development projects such as Northgate Town Square and has stepped in as critical support by providing staffing assistance processing minor land use permits as well as preparing and reviewing environmental documents.

Staff is seeking to extend the on-call planning and environmental consulting services from M-Group through December 2025 with a total contract not to exceed $250,000. This will cover existing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
commitments for project management, as well as allow staff to request assistance from the firm as needed on a project-by-project basis. The CED Director will review and approve each individual project, scope of work and cost estimates, as they are needed. Copies of the Professional Services Agreement, along with associated cost estimates, are attached.

FISCAL IMPACT:

The total amount of the not-to-exceed agreement is $250,000. City initiated projects would be paid through the Community and Economic Development Department’s professional services budget.

Services for private development projects would be reimbursed by developer deposits and would not have a fiscal impact on the City’s budget.

OPTIONS:

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

1. Authorize the City Manager to enter into the agreement;

2. Authorize the City Manager to enter into the agreement with modifications;

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with M-Group for on-call planning and environmental consulting services in an amount not to exceed $250,000.

ATTACHMENTS:

1. Professional Services Agreement with M-Group for on call planning and environmental consulting services.

2. M-Group Staffing Amendment Proposal
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

METROPOLITAN PLANNING GROUP DBA M-GROUP

FOR ON-CALL PLANNING AND ENVIRONMENTAL REVIEW SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and Metropolitan Planning Group, a California Corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated May 28, 2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit v 08.22 2
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $250,000.

CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2025.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Community and Economic Development Director is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

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

5. TERMINATION.

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

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

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

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. v 08.22 3

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B.

10. INDEMNIFICATION.

A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT’s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’S performance of or operations under this Agreement, v 08.22 4
CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.

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

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.
v 08.22 5

14. NOTICES.

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

To CITY’s Project Manager:

Micah Hinkle, Community and Economic
Development Director
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Heather Hines, Principal
1275 4th Street, #265
Santa Rosa, CA 9504

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

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

17. SET-OFF AGAINST DEBTS.

CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT v 08.22 6
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
v 08.22 7
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:

City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.

Rev. 08.22 B-1

EXHIBIT B

INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B.

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

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

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

3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section.

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

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

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

2. The additional insured coverage under CONSULTANT’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by CITY and shall not call upon CITY'sinsurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies shall be at least as broad as v 08.22 B-2
ISO form CG20 01 04 13.

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

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

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

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

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

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

9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review.

10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08.22 B-3
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto.

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

D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. m-group a new design on urban planning
policy planning  urban design  environmental review  historic preservation  community engagement  staffing solutions m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723 June 7, 2024
Micah Hinkle
Director of Community and Economic Development Administration and Innovation City of San Rafael
1400 Fifth Avenue, Top Floor
San Rafael, CA 94901
Dear Micah,
I am pleased to prepare this letter proposal to renew M-Group’s contract with the City of San Rafael. We pride ourselves on ongoing work with our clients to prepare quality work product with flexibility to respond to each jurisdiction’s changing needs and timelines. M-Group has provided staffing assistance to the City of San Rafael since 2014and our team looks forward to continuing that work with you and your staff.

This contract is intended to augment and extend our current contract for staffing support. Under this contract, M-Group will provide professional planning services for development and environmental review projects assigned by the City. More specifically, these services will generally consist of, but not be limited to, the following:
• Review development project materials and environmental technical studies as needed • Writing of reports, correspondence, findings, and conditions of approval • Attend meetings with applicants and City staff
• Complete research and make recommendations
• Conduct site inspections
• Attend and presentation at public meetings such as Design Review Board, Planning Commission, and City Council
M-Group will also provide on call environmental review services for project level environmental review.

A separate project level budget may be required at the direction of staff for more complex environmental review assignments to ensure full cost recovery capture. These services may include, but are not limited to, the following:
• Expanded justifications for categorical and statutory exemptions • Consistency analysis
• Initial Studies
• Negative Declarations and Mitigated Negative Declarations • Environmental Impact Reports
• Project management of environmental analysis
• Peer review of environmental documents and technical studies m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723 Additionally, M-Group may provide professional planning services to assist the City with advanced planning and special projects as requested by the City. These services may include, but are not limited to, the following:
• City initiated zoning updates
• Annual Housing Element Report
• Environmental review of City projects
• Public outreach and educational efforts on advanced planning and policy issues • Project management for city led initiatives
This contract will extend to December 31, 2025 and will be charged on a time and materials basis. There is a not to exceed budget of $250,000 for work under this contract. M-Group’s 2024 hourly rates are attached, and rates will be charged based on the position assigned to a specific project under agreement with the City. These rates shall be subject to annual review on January 1st of each year consistent with M-Group’s standard annual rate increases. Charges will be billed monthly.

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

Sincerely,

HEATHER HINES
Principal
[email protected]
707.318.6208
Attachments:

M-Group 2024 rate sheet
Cc: Margaret Kavanaugh-Lynch, Planning Manager
April Talley, Project Director
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.d
Meeting Date: June 17, 2024

SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE

AGREEMENT FOR PROFESSIONAL SERVICES WITH SEIFEL CONSULTING FOR

CONTINUED FISCAL IMPACT ANALYSIS AND REAL ESTATE ADVISORY SERVICES

RELATED TO THE NORTHGATE TOWN SQUARE PROJECT IN AN AMOUNT OF $30,000, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $104,900.

RECOMMENDATION:

Authorize the City Manager to execute the first amendment to the Agreement for Professional Services with Seifel Consulting for continued fiscal impact analysis and real estate advisory services related to the Northgate Town Square project in an amount of $30,000, for a total not to exceed contract amount of $104,900
BACKGROUND:

The Northgate Mall (Mall) is a 44.76-acre site consisting of six parcels (APNs: 175-060-12, -40, -59, -61, -66 & 67). Originally opened in 1965 with The Emporium as its original anchor tenant, the Mall is currently developed with 766,512 square feet of commercial space, surface parking lots, and one parking garage structure. In 2017, Melone Geier acquired the project site and, in March 2021, filed an application for the phased redevelopment of the Mall through the demolition of most of the mall structure, including the Sears, Macy's, and Kohl's anchor buildings, redevelopment of commercial spaces, the construction of new commercial pads at the northern periphery of the property, construction of new structured and surface level parking facilities, development of housing units, and new community open space and amenities. The applicant proposes to complete this redevelopment in two phases pursuant to its 2025 Master Plan and 2040 Vision Plan.

The City has utilized Seifel Consulting to analyze the financial impacts of the Northgate Town Square on city resources. Seifel’s analysis to date has also helped inform Development Agreement negotiations between the City and Merlone Geier.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

Seifel Consulting has analyzed specific project deal points to determine the fiscal impact to the City’s general fund revenues and expenditures. There is new project data that the City needs to analyze as a part of its ongoing due diligence on the proposed project. As such, the staff is seeking to amend the professional services agreement to allow Seifel to finalize its analysis using the latest project data.

FISCAL IMPACT:

The proposal from Seifel Consulting totals $30,000. This would increase the total contract amount to $104,900. The funds needed to cover the cost of this service will be covered by the project applicant as agreed upon in the executed reimbursement agreement.

OPTIONS:

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

1. Authorize the City Manager to execute the contract amendment.

2. Do not authorize the City Manager to enter into the agreement and provide further direction to staff.

3. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to execute the first amendment to the Professional Services Agreement with Seifel Consulting for continued fiscal impact analysis and real estate advisory services related to the Northgate Town Square project in an amount of $30,000, for a total not to exceed contract amount of $104,900.

ATTACHMENTS:

1. First Amendment to the Professional Services Agreement with Seifel Consulting for fiscal impact analysis and real estate advisory services.

2. Seifel Consulting Scope of Work.
1 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SEIFEL CONSULTING, INC. FOR FINANCIAL ANALYSIS SERVICES FOR

NORTHGATE TOWN SQUARE DA PROCESS
THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and SEIFEL CONSULTING, INC. (hereinafter “CONSULTANT”), is made and entered into as of the ______ day of ________________, 202_.

RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated November 18, 2022 to perform professional services in connection with CITY’S Northgate Town Square DA, for an amount not to exceed $74,900 (the “Agreement”); and
WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services.

AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:

1. Article II of the Agreement, entitled “DUTIES OF CONSULTANT” is hereby amended to include the additional services set forth in CONSULTANT’s proposal dated May 10, 2024, attached to this First Amendment as Exhibit A and incorporated herein by reference.

2. Article IV of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this First Amendment, on a fixed fee basis in accordance with the Exhibit A, in a not-to-exceed amount of $30,000, and to change the total not-to-exceed amount under the Agreement to $104,900.

3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.

IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written.
2 CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Contractor is a corporation, add signature
of second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ROBERT F. EPSTEIN, City Attorney
City of San Rafael Northgate Mall Redevelopment Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services December 2023

DRAFT FOR INTERNAL REVIEW ONLY
June 12, 2024
Ms. April Talley and Mr. Micah Hinkle
City of San Rafael
1400 5th Avenue 3rd Floor
San Rafael, CA 94901
email: [email protected]
Re: Contract Amendment #1– Proposed Amendment to Provide Real Estate Advisory Services Related to Northgate Mall Redevelopment
Dear Ms. Talley and Mr. Hinkle,
Seifel Consulting appreciates this opportunity to continue to provide advisory services to the City of San Rafael regarding the proposed redevelopment of the Northgate Mall, which is also known as Northgate Town Square. We are requesting a contract amendment #1 to our existing contract because the project timeline is being extended through 2024 and additional work needs to be performed prior to the approval of the proposed project and its associated development agreement.

The existing contract anticipated that work would be completed during a 6-12 month time frame during 2023, and substantial additional services have been performed at the direction of City staff that have resulted in the expenditure of the existing contract budget amount. The following is a brief summary of work performed as of November 2023.

Task 1– Project Initiation, Meetings and Coordination
Key components of this task have been completed, although the scope of services is anticipated to continue to evolve through 2024:
• Gathered and reviewed relevant documents and data provided by City staff and the Merlone Geier development team (MG).
• Prepared for and facilitated numerous coordination calls/meetings with City staff, which included review of next steps and the project schedule, and advisory services on the project. • Refined and augmented various components of the work program at the direction of City staff.

Task 2– Real Estate Advisory Services (Additional services still needed through 2024) Key components of this task have been completed, although additional real estate advisory services will be needed through 2024:
• Reviewed and analyzed relevant information provided by MG regarding the proposed development. • Performed due diligence on MG’s development proposal and supporting information provided by MG, including development revenues and costs for both the market rate and affordable housing components of the program.

City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 2
• Reviewed the draft fiscal analysis prepared by Kosmont Companies on the proposed project and provided comments to City staff, which led to City staff requesting that we perform additional fiscal advisory services as described in Task 4 below.
• Performed an initial evaluation of the community benefits being offered by the developer as part of the development agreement, which included discussions regarding whether and how these community benefits would exceed what is required by relevant City requirements for this type of development in accordance with California Government Code Section 65864-65869.5. • Prepared for and attended numerous calls with City staff and City attorney regarding various real estate issues associated with the development agreement negotiations.

Task 3– Public Meetings (Additional services still needed through 2024) Some components of this task have been completed, and additional services will be needed through 2024:
• Assisted City staff in preparing for the public review process, which included review of relevant sections of the Draft Environmental Impact Report (DEIR) and advisory services related to household size and employment generation.

Task 4– Additional Services (Additional services still needed through 2024) At the request of City staff, we performed additional services in collaboration with City staff that included advice regarding the proposed housing program and the preparation of a more comprehensive draft fiscal impact analysis that incorporated significant additional data and analysis regarding the potential impact on the City’s General Fund from the Northgate Mall redevelopment.

Housing and Community Benefit Advisory Services
• Performed due diligence on the proposed housing program, which included the assembly and review of relevant market, construction and development data for apartment and townhome units. • Advised on a scope of work for a current residential market analysis for Northgate area plus other areas of the City and coordinated with The Concord Group regarding the preparation of the market analysis, as well as use of the data for the housing and fiscal analysis. • Performed due diligence regarding the proposed affordable housing program described in the Northgate Town Square 2025 Master Plan and 2040 Vision Plan (May 2023). • Prepared a summary financial analysis of the potential developer cost under three alternative affordable housing scenarios: 1) proposed land dedication/EAH affordable housing development, 2) in-lieu fee option and 3) onsite inclusionary housing provision. • Reviewed and refined findings from this analysis with staff to help inform the Development Agreement (DA) negotiations regarding community benefits. • Facilitated calls with City staff, MG and its non-profit development partner, EAH, to clarify MG’s proposed land dedication for affordable housing and its development.

Fiscal Advisory Services
• Prepared a significant update to the fiscal impact analysis (FIA) of the proposed redevelopment of the Northgate Mall, which included the preparation of a detailed FIA model. • Conducted numerous conference calls with City staff regarding the FIA update, which included due diligence review of relevant information submitted by the MG on the proposed project, as well as data provided by City staff regarding historical and existing assessed value for properties included within the project boundaries, as well as retail sales tax generation. • Reviewed the proposed development plans and phasing programs for the 2025 Master Plan and 2040 Vision Plan in relationship to Marin County Assessor data regarding the development parcels, City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 3
summarized the development program by land use and phasing, and then developed a series of supporting tables for the FIA model how retail space is demolished and redeveloped. • Reviewed and provided feedback regarding the DEIR regarding the proposed land use and the projected numbers of households and employees.
• Prepared and refined projections of the potential service population from the change in residents and employees due to the Northgate Town Square 2025 Master Plan and 2040 Vision Plan. • Gathered and analyzed additional data and reports to inform the fiscal analysis, including data regarding historical and potential retail sales taxes, land prices, number of development parcels, development costs, potential residential and commercial development values. • Prepared and refined a series of FIA tables that document the development program, key assumptions and potential fiscal revenues and costs to the City’s General Fund at the build out of the 2025 Master Plan and 2040 Vision Plan.
• Prepared several rounds of updated draft summary tables, graphs and supporting appendix tables that summarize the fiscal impact analysis.

Given that the work program is anticipated to extend through December 2024, and substantial additional services still need to be performed at the direction of City staff, the following pages present the proposed work program and budget for the proposed contract amendment #1.

Please feel free to contact us with any questions or suggested modification.

Sincerely,
Libby Seifel
Elizabeth (Libby) Seifel
President, Seifel Consulting, Inc.

City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 4
Scope of Work
Contract Amendment #1
Background
Merlone Geier Partners (Project Applicant or developer) is proposing to redevelop the Northgate Mall as a mixed use development in the City of San Rafael (City or Client), which is known as the Northgate Town Square development. The development would include transit-oriented housing as well as interconnected community gathering spaces and retail that would encourage public interaction. Central to this vision is the creation of the new outdoor town square that will serve as the heart of the project, attracting residents throughout the City and new retailers to this one-of-a-kind destination in Marin County. The developer is proposing to enter into a development agreement with the City, which would include the provision of the town square property as a community benefit.

Seifel Consulting (Seifel) is requesting a contract amendment #1 to Seifel’s existing contract for the Northgate Town Square development to provide the following additional services as requested by City staff:
• Provide additional real estate, housing and fiscal advisory services as directed by staff and summarized below.
• Prepare additional work products and attend public meetings through 2024.

Task 1.1 Project Coordination
Throughout the work effort, we will conduct coordination calls or meetings with City staff and/or the developer as needed to ensure the work is accomplished effectively. These calls or meetings will be scheduled periodically and will serve to evaluate the progress of the project work, obtain additional information and review work performed to date.

Task 2.1 Real Estate Advisory Services
Based on our understanding of the work program, Seifel proposes to perform the following services in collaboration with City staff and legal counsel:
• Prepare for and attend meetings with City staff to discuss proposed communication with the developer, negotiation strategies and preparation of the development agreement. • Provide as-needed consultation via meetings or teleconferences with City staff.

Task 3.1 Public Meetings
Based on our initial understanding of the public meeting process, Seifel proposes to perform the following services:
• Assist City staff during the public review process.
• Assist City staff in preparing for public meetings, hearings and presentations on the proposed project and potential development agreement to the Planning Commission and City Council. • Present findings and recommendations at two public meetings..

City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 5
Task 4.1 Additional Advisory Services
This scope of services is based on our initial understanding of our role and tasks to be performed for this assignment. Seifel will provide additional services upon client approval and within a separate additional services budget to be mutually agreed upon, which may include, but are not limited to:
• Prepare additional analyses or written products, as mutually agreed upon, which may include a review of submittals by the developer with respect to the use of concession(s) per State Density Bonus law or other proposed components of the development or master plan. • Provide additional advisory services, as mutually agreed upon. • Provide a peer review of documents and fiscal and economic analysis provided by the developer and its consultants, which may be subject to a confidentiality agreement. • Prepare presentations for and/or participate in additional meetings beyond those described above. • Conduct extensive review of supporting data.
• Retain additional professional advice to inform the work program, such as the cost estimation or property appraisal assistance.
• Review and advise on other related issues and/or documents as needed.

In addition to the additional services that were described and approved in our existing contract for Task 4, the following additional services have been requested by City staff as described below in Tasks 4.1A.

Task 4.1A Additional Services
As directed by City staff, Seifel will prepare the following additional advisory services, economic analyses, work products and supporting materials regarding the proposed housing program, community benefits and the potential fiscal impact on the City’s General Fund.

Housing and Community Benefit Advisory Services
• If needed, update the financial analysis regarding the proposed affordable housing program based on proposed revisions to the development program as of Spring 2024, which summarizes and compares three alternative affordable housing scenarios.
• Prepare one updated draft and final version of the supporting financial tables and associated appendix tables based on input from City staff.
• Assist staff in preparing a summary of findings for the Planning Commission and/or City Council meeting, which may include the preparation of presentation slides.

Fiscal Advisory Services
• Update the draft fiscal impact analysis (FIA) that was prepared for the Northgate Town Square 2025 Master Plan and 2040 Vision Plan (submitted in May 2023) to reflect the updated proposed development program to be submitted by Merlone Geier in Spring 2024 and related assumptions. (As agreed upon with City staff, the FIA will continue to be based on the same market values, affordable housing values and General Fund revenue and cost assumptions that were utilized in the draft 2023 FIA tables.)
• Prepare updated draft and final versions of the supporting FIA tables and associated appendix tables based on input from City staff.
• Prepare for and facilitate conference calls with City staff and/or MG.

City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 6
• Prepare a draft and final memorandum of findings regarding the potential fiscal impact on the General Fund.
• Assist staff in preparing a summary of findings for the City Council meeting, which may include the preparation of presentation slides.

Work Products and Schedule
As directed by staff, we will provide work products that will include summary tables, graphs, presentation slides, electronic communication of initial findings, memoranda and reports, as directed by staff. All work products will be prepared in electronic PDF format for use by staff and other interested parties. The schedule for delivery of the work products will be discussed and mutually agreed upon with staff.

Draft and Final Work Products
Housing and Community Benefit Advisory Services
• Preparation of final draft and final summary tables, graphs and supporting appendix tables. • Presentation slides for public meetings.

Fiscal Advisory Services
• Preparation of final draft and final summary tables, graphs and supporting appendix tables. • Draft and final memorandum of findings regarding this analysis. • Presentation slides for public meetings.

City of San Rafael Seifel Consulting, Inc.

Contract Amendment #1 for Advisory Services 7
Exhibit B: Compensation
Seifel Consulting, Inc. bills on a time and materials basis and will continue to maintain its current billing terms through 2024. The contract amendment #1 to complete this additional work is $30,000. The distribution of professional hours and associated additional services budget is shown in the table below.

The following table shows the original contract amount and the contract amendment #1.

Original Contract Amount $75,000
Basic Services (Tasks 1–3) $50,000
Additional Services (Task 4) $25,000
Contract Amendment Request #1 $30,000
Amendment Budget $30,000
Contingency To Be Determined
(TBD) based on
additional services
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance / Library
Prepared by: Paul Navazio, Finance Director City Manager Approval: ________ Jinder Banwait, Administrative Analyst
TOPIC: LIBRARY PARCEL TAX RATE FOR FISCAL YEAR 2024-25
SUBJECT: REPORT ESTABLISHING THE ANNUAL RATE ADJUSTMENT FOR THE SPECIAL LIBRARY SERVICES PARCEL TAX FOR THE FISCAL YEAR 2024-25 AS AUTHORIZED BY SAN RAFAEL MUNICIPAL CODE CHAPTER 3.36 (VOTERAPPROVED MEASURE D) RECOMMENDATION:

Accept the report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2024-25, from July 1, 2024, through June 30, 2023, based upon the Consumer Price Index (CPI) in accordance with Section 3.36.030 of the San Rafael Municipal Code.

BACKGROUND:

On June 7, 2016, San Rafael voters approved Measure D, amending the San Rafael Municipal Code (SRMC) Chapter 3.36 by extending, revising, and increasing the existing Special Library Services Parcel Tax (“Tax”). The approved Measure D tax rates were first assessed for the Fiscal Year 2017-18 and levied for a period of nine (9) years. The measure provides for an annual CPI adjustment commencing with the second year of the Tax.

ANALYSIS:

SRMC section 3.36.030, “Imposition of the Tax,” stipulates that an annual adjustment to the Tax rate shall be applied commencing in the second year based on the annual percentage increase, if any, in the previous fiscal year to the San Francisco-Oakland-Hayward Price Index for All Urban Consumers ("CPI"), not to exceed 3 percent annually.

Utilizing the Bureau of Labor Statistics - Western CPI Summaries (BLS-WS) for the San FranciscoOakland-Hayward, CA, All Urban Consumers Index, the April 2023 Index was 338.496, and the April 2024 Index was 351.247, resulting in a year-over-year change of 3.767 percent.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Based on this result, the annual rate adjustment for the Library Parcel Tax is determined by the cap of 3 percent, as provided for in SRMC section 3.36.030. Adjusting the Library Parcel Tax rate by 3 percent results in the following tax rate schedule:

Section 3.36.030 Imposition of Tax:

Parcel Rate Types FY 2023-24 Rates
FY 2024-25 Rates
with CPI Adjustment
Single-family residential Parcel $69.06 $71.12
Multi-Family Residential or Other
Residential Parcel
$69.06 + $11.70 per
Living unit, in excess of
one, up to a maximum of
$1,171.56 per year per
parcel
$71.12 + $12.04 per
Living unit, in excess of
one, up to a maximum of
$1,206.70 per year per
parcel
Non-Residential Parcel $69.06 $71.12
Any additional funds generated by this rate adjustment will be used in accordance with the language of Measure D to “maintain library hours, equipment, materials, and services for children, teens, and adults.” Additionally, any increase in revenue will help to offset the decrease in revenue seen annually due to the increasing number of senior exemptions filed for the tax.

FISCAL IMPACT: The current fiscal year 2023-24 tax revenues generated by this assessment are estimated at $1,167,507. Applying the 3 percent rate adjustment to FY 2024-25, tax revenues are estimated to be $1,202,532, representing an increase of $35,025. All revenues generated by this assessment are recorded in the Library Special Assessment Special Revenue Fund (215).

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

1. Accept the report.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Accept the report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2024-25, from July 1, 2024, through June 30, 2025, based upon the Consumer Price Index (CPI) in accordance with Section 3.36.030 of the San Rafael Municipal Code. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.g
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
From: Abraham Roman, Fire Chief
Thomas Wong, Senior Mgmt Analyst
City Manager Approval: ______________
TOPIC: PARAMEDIC TAX RATE FOR FISCAL YEAR 2024-25
SUBJECT: RESOLUTION MAINTAINING PARAMEDIC SERVICE SPECIAL TAX RATES AT THEIR CURRENT LEVELS FOR FISCAL YEAR 2024-25
RECOMMENDATION:

Adopt a resolution maintaining Paramedic Service Special Tax Rates at their current levels for Fiscal Year 2024-25.

BACKGROUND:

In 1979, the voters of San Rafael approved a “Paramedic Service Special Tax,” adding Chapter 3.28 to the San Rafael Municipal Code (SRMC) to support a paramedic program. The original ordinance established the authority of the City Council to set the tax rates, up to a maximum tax rate as approved by the voters, based upon a budget recommendation by the City Manager. The tax was applied at a flat rate per residential dwelling. At the same time, this tax was also approved by three separate jurisdictions that receive paramedic service through contract from the City of San Rafael, including the Marinwood Community Services District (CSD), County Service Area (CSA) No.13 (Upper Lucas Valley), and County Service Area (CSA) No. 19. There was no sunset provision included in the original tax.

In 1988, the voters approved an extension of the tax to improve non-residential structures, which was levied on a building square footage basis.

In November 2006, the voters of San Rafael passed Measure P, which increased the maximum tax rate to $85.00 per residential unit and to $0.11 per square foot of structures on non-residential property. The other service areas approved similar paramedic tax rates to align with San Rafael's measure.

In November 2010, the voters of San Rafael passed Measure I, which increased the maximum Paramedic Service Special Tax rate from $85.00 to $108.00 per residential unit and from $0.11 to $0.14 per square foot for the non-residential tax rate.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In November 2011, the voters of CSA No. 13 and CSA No. 19 passed Measures E and F, respectively.

These measures increased the maximum residential tax rate from $85.00 to $95.00 per residential unit and the non-residential tax rate from $0.11 to $0.132 per square foot for both service areas. Marinwood CSD continues under its Measure M rate of $85.00 for residential and $0.11 per square foot for nonresidential.

ANALYSIS:

SRMC section 3.28.060, “Annual Revision and Incidental Charges,” stipulates that the City Council shall determine annually the basic tax rate reflect charges and costs. The current tax rates are set at their voter-approved maximums, and based upon projected expenditures, revenues will be insufficient to cover the operating expenses of the paramedic program for the upcoming fiscal year; however, there is adequate fund balance to fully fund the program. At the current rate, the fund balance may be exhausted in the near future, absent a voter-approved increase in the maximum tax rate in all jurisdictions.

As the current tax rate for San Rafael is at its maximum, staff recommend maintaining the current residential rate of $108 per living unit in the City. For non-residential properties, staff recommends maintaining the current rate of $0.140 per square foot for the City (See Attachment I).

The City will continue to collect 100% of the Paramedic Service Special Tax revenue that is generated in CSAs 13, 19, and Marinwood. These funds are collected by the County of Marin Assessor’s Office and transferred to the City along with the revenues generated in San Rafael.

FISCAL IMPACT:

FY 2024-25, tax revenues are estimated to be $5,318,560, representing an increase of $1,135 from FY 2023-24. All revenues generated by this assessment are recorded in the Paramedic Service Special Tax Fund (210). Paramedic Tax revenues represent roughly 60% of the $8.92 million in total revenues projected for the Paramedic Services Special Tax Fund, which also includes $3.2 million in revenues from third-party billings related to ambulance transport.

Historically, the Paramedic Service Special Tax Fund covers approximately 27% of the cost of the fire and emergency medical service, with the balance funded from the City’s General Fund. Absent future increases to the Paramedic Tax rates assessed within the City and across the entire Fire Department service area, the Paramedic Service Special Tax Fund will not be able to sustain this level of support towards the cost of fire and emergency medical services, which could lead to reductions in service levels.

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

1. Adopt the resolution.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Adopt the resolution maintaining Paramedic Service Special Tax Rates at their current levels for Fiscal Year 2024-25.

ATTACHMENTS:

1. Resolution

2. Attachment I (Paramedic Rate and Ratio History)
1 RESOLUTION NO.

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

MAINTAINING PARAMEDIC SERVICE SPECIAL TAX RATES AT THEIR CURRENT LEVELS FOR FISCAL YEAR 2024-25
WHEREAS, the electors of the City of San Rafael in 1979 and in 1988, adopted a Paramedic Service Special Tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential units and non-residential structures within the City of San Rafael; and WHEREAS, on November 2, 2010, the electors of the City of San Rafael approved Measure “I”, subsequently designated as Ordinance No. 1891, increasing the ceiling on the Paramedic Service Special Tax rate to $108.00 per residential unit and to $0.14 per square foot of non-residential structures; and
WHEREAS, the current annual Paramedic Service Special Tax rates in the city limits of the City of San Rafael are $108.00 per residential unit and $0.140 per square foot of non-residential structures; and
WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that for the City of San Rafael, the basic rate is insufficient to cover the cost of providing the paramedic service to San Rafael residents; however, the current tax rate for San Rafael is at its maximum rate as approved by the voters.

NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that:

1. The Paramedic Service Special Tax rates in the City of San Rafael shall be maintained at their current levels, at $108.00 per year for each residential unit and $0.140 per square foot for nonresidential structures, for Fiscal Year 2024-25.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk

CITY OF SAN RAFAEL ATTACHMENT I

HISTORY OF TAX RATES AND CAPS
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2014-15 $ 89.00 $ 108.00 $ 0.1200 0.1400$
2015-16 $ 89.00 $ 108.00 $ 0.1200 0.1400$
2016-17 $ 89.00 $ 108.00 $ 0.1200 0.1400$
2017-18 $ 92.00 $ 108.00 $ 0.1250 0.1400$
2018-19 $ 95.00 $ 108.00 $ 0.1320 0.1400$
2019-20 $ 95.00 $ 108.00 $ 0.1320 0.1400$
2020-21 $ 99.00 $ 108.00 $ 0.1400 0.1400$
2021-22 $ 99.00 $ 108.00 $ 0.1400 0.1400$
2022-23 $ 104.00 $ 108.00 $ 0.1400 0.1400$
2023-24 $ 108.00 $ 108.00 $ 0.1400 0.1400$
2024-25 Proposed $ 108.00 $ 108.00 $ 0.1400 0.1400$
CSA# 13, and CSA# 19

HISTORY OF TAX RATES AND CAPS
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2014-15 $ 89.00 $ 95.00 $ 0.1200 0.1320$
2015-16 $ 89.00 $ 95.00 $ 0.1200 0.1320$
2016-17 $ 89.00 $ 95.00 $ 0.1200 0.1320$
2017-18 $ 92.00 $ 95.00 $ 0.1250 0.1320$
2018-19 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2019-20 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2020-21 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2021-22 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2022-23 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2023-24 $ 95.00 $ 95.00 $ 0.1320 0.1320$
2024-25 Proposed $ 95.00 $ 95.00 $ 0.1320 0.1320$

MARINWOOD (CSD)

HISTORY OF TAX RATES AND CAPS
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2014-15 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2015-16 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2016-17 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2017-18 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2018-19 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2019-20 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2020-21 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2021-22 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2022-23 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2023-24 $ 85.00 $ 85.00 $ 0.1100 0.1100$
2024-25 Proposed $ 85.00 $ 85.00 $ 0.1100 0.1100$
Fiscal Year Residential Non-Residential
2014-15 63.60% 36.40%
2015-16 63.60% 36.40%
2016-17 56.99% 43.01%
2017-18 53.97% 46.03%
2018-19 53.40% 46.60%
2019-20 53.35% 46.65%
2020-21 52.77% 47.23%
2021-22 52.79% 47.21%
2022-23 53.88% 46.12%
2023-24 54.76% 45.24%
2024-25 Proposed 54.80% 45.20%
Paramedic Tax Ratio
City of San Rafael
Proclamation
Designation of July 2024 as Park and Recreation Month
WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of San Rafael; and
WHEREAS, the City of San Rafael park and recreation staff maintain a well-loved parks system comprised of 25 City-operated parks and 5 City-operated recreation facilities, including 3 community parks, 11 neighborhood parks, 6 pocket parks, 5 special use parks, Albert J. Boro Community Center, San Rafael Community Center, Albert Park Field House, Terra Linda Community Center and Pool House, and the Falkirk Cultural Center, totaling approximately 106.4 acres of improved parkland; and WHEREAS, the City of San Rafael Library & Recreation Department mission is to enrich our community through discovery, learning and play, building community by creating experiences that spark curiosity and enable lifelong learning; and
WHEREAS, parks and recreation creates memorable experiences for all ages through sports, enrichment activities, classes, programs, and self-guided leisure activities; and WHEREAS, parks and recreation promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play, and activity; and WHEREAS, parks and recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, parks and recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, in 2009 the U.S. House of Representatives designated July as Parks and Recreation Month; and WHEREAS the City of San Rafael recognizes the benefits derived from parks and recreation resources.

NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, do hereby recognize that July 2024 is recognized as Park and Recreation Month in the City of San Rafael.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.h
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library and Recreation
Prepared by: Craig Veramay,
Assistant Library and Recreation Director
City Manager Approval: ________
TOPIC: RECREATION EVENTS UNARMED SECURITY GUARD SERVICES

AGREEMENT WITH BARBIER SECURITY GROUP
SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH BARBIER SECURITY

GROUP FOR SECURITY GUARD SERVICES IN AN AMOUNT NOT TO
EXCEED $600,000 FOR A FIVE-YEAR TERM
RECOMMENDATION:

Authorize the City Manager to negotiate and enter into a Professional Services Agreement with Barbier Security Group for security guard services in an amount not to exceed $600,000 for a five-year term.

BACKGROUND:

The City of San Rafael Library and Recreation Department routinely rents Recreation Division facilities for private event use. City policy requires certain events utilize security guard services to mitigate the risks associated with the planned activities. The Recreation Division contracts with private security guard vendors for this service.

The security guard's primary responsibility is to maintain an orderly atmosphere for all event attendees, control crowds, monitor and control access to events and facilities, support City staff in the enforcement of facility rules, and respond to emergent situations as they arise. In addition, the City requires security guards to be of a temperament to work and communicate with adults, teens, and children of all ages and be capable of controlling a crowd in all circumstances.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The City has historically entered into agreements with security service vendors to provide security services for Recreation Division events. The City is approaching the end of a current five-year agreement with Barbier Security Group, which expires on June 30, 2024.

On May 1, 2024, the City published a Request for Proposal (RFP) for Recreation Division Security Services. The RFP closed on May 14, 2024, and the City received seven (7) proposals. City staff convened a proposal evaluation group who assessed them based on the following criteria:
• Cost - hourly fee per guard and organizational capacity to operate within budget. • Qualifications and experience of firm and key personnel. • Demonstrated capacity to furnish an adequate number of security guards to Marin County, CA.
• Three references by former clients. Preference is given to clients located in Marin County, CA.
• Inclusion of all required items and completeness of the proposal.

After evaluating proposals, Barbier Security Group ranked highest of the seven proposals.

The proposed agreement is for a five-year term and establishes the hourly billing rates set forth on an annual basis by Barbier Security Group. Hourly billing rates are flat rates which include all wages, benefits, allowances, differentials, and are billable for time worked. This agreement will require Barbier Security Service to comply with all wage laws, labor code laws, and California meal and rest break laws for the personnel classification type. Hourly rates include all clerical support, materials fees, overhead, profits, and other costs and/or expenses incidental to the performance of the specified requirements under the Professional Services Agreement.

Security service is typically scheduled for private events and activities; however, the City reserves the right to schedule services for other department sponsored events or programs as needed. Security services are scheduled on an ad hoc (as needed) basis. Table 1 provides the details on the facilities included in the agreement as well as the estimated annual service levels.

Table 1: Recreation Facilities and Estimated Service Levels Facility Name Facility Location Estimated Number
of Events Annually
Estimated Security
Service Hours per
facility
Albert J. Boro
Community Center
50 Canal St. 30-40 425
Falkirk Cultural Center 1408 Mission St. 30-40 360
Pickleweed Soccer
Field
50 Canal St. 20-30 100
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
San Rafael
Community Center
618 B St. 50-60 950
Albert Field Baseball
Stadium
618 B St. 5-10 50
Terra Linda
Community Center
670 Del Ganado
Rd.
5-10 100
TOTALS Approx. 140-190/yr. 2,160
In 2023, the City scheduled security services for approximately 125 events, many of which required multiple guards on duty at one time. As programs continue to rebound from the impact of the pandemic, staff expect a gradual increase in the number of rental events and hours of security guard services required in future years.

COMMUNITY OUTREACH:

On May 1, 2024, the City published a Request for Proposal (RFP) soliciting proposals from qualified professionals for security guard services. The City contacted 53 vendors, notifying them about the opportunity to submit a proposal, and received seven (7) proposals.

FISCAL IMPACT:

The City charges the direct cost of security services for private rental groups to the renter. The proposed agreement includes hourly fees per guard. The proposed hourly fees for Fiscal Year 2024-25 are 4% higher than current fees. The agreement proposes hourly fees will increase 3% each year for the first three years of the agreement. For option years 4 and 5, the City and vendor have the option to extend the agreement and establish mutually agreeable hourly fees not to exceed 9%.

The City will adjust the security service fees charged to renters annually such that the annual fee increases will be absorbed by rental groups.

The City forecasts the annual expense of security services, as shown in Table 2, based upon the proposed annual hourly fees per guard and the City’s projected number of events and total hours of service required annually. Funding for this service has been included in the City’s proposed Fiscal Year 2024-25 budget. As costs associated with this contract are fully reimbursed, there is no net fiscal impact to the City’s General Fund. Funding for future Fiscal Years will be appropriated on an annual basis based on projected volume of security service needs.

Table 2: Projected annual security guard service expenses FY 2024-25 $ 105,000.00
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
FY 2025-26 $ 115,000.00
FY 2026-27 $ 120,000.00
FY 2027-28 $ 125,000.00
FY 2028-29 $ 135,000.00
Total Not to Exceed $ 600,000.00
OPTIONS:

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

1. Authorize the City Manager to enter into the agreement;

2. Authorize the City Manager to enter into the agreement with modifications;

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Barbier Professional Services Agreement
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER

TO NEGOTIATE AND ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH

BARBIER SECURITY GROUP FOR SECURITY GUARD SERVICES IN AN AMOUNT NOT TO EXCEED $600,000 FOR A FIVE-YEAR TERM
WHEREAS, the City of San Rafael requires periodic security services for its private group rental events at Community Centers and Sports fields; and
WHEREAS, these security services provide a necessary service to the community to ensure the safety of City assets and community members who are using City facilities and services; and WHEREAS, Barbier Security Group has provided the City with these services since 2014 and the City has found their services to be of high quality, and the company to be both responsive and responsible; and
WHEREAS, the current agreement term with Barbier Security Group expires on June 30, 2024; and WHEREAS, the City published a Request For Proposal (RFP) soliciting proposals for security services and received seven (7) proposals; and
WHEREAS, after reviewing all proposals, Barbier Security Group’s proposal ranked highest; and WHEREAS, the City desires to continue to employ Barbier Security Group to provide such services and the Barbier Security Group is willing and able to continue to provide said services.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to negotiate and enter into a professional services agreement with Barbier Security Group to provide security services for Recreation Division events in an amount not to exceed $600,000, subject to final approval as to form by the City Attorney.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

__________________________
LINDSAY LARA, City Clerk
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

BARBIER SECURITY GROUP

FOR UNARMED SECURITY SERVICES FOR RECREATION DIVISION RENTAL

PROGRAMS
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and Barbier Security Group, a California Corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated 5/14/2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

3. TERM OF AGREEMENT.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Craig Veramay, Assistant Library and Recreation Director is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

B. CONSULTANT’S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Evan Barbier, Chief Executive Officer, is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution.

5. TERMINATION.

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

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

6. OWNERSHIP OF DOCUMENTS.

7. INSPECTION AND AUDIT.

8. ASSIGNABILITY.

9. INSURANCE REQUIREMENTS.

10. INDEMNIFICATION.

11. NONDISCRIMINATION.

12. COMPLIANCE WITH ALL LAWS.

13. NO THIRD PARTY BENEFICIARIES.

14. NOTICES.

To CITY’s Project Manager:

Craig Veramay, Assistant Library and
Recreation Director
618 B St
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Evan Barbier
Barbier Security Group
369-B Third Street #440
San Rafael, CA 94901

15. INDEPENDENT CONTRACTOR.

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

19. COSTS AND ATTORNEY'S FEES.

20. CITY BUSINESS LICENSE / OTHER TAXES.

21. SURVIVAL OF TERMS.

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

This Agreement may be executed by electronic signature and in any number of counterparts, v 08.22 7
each of which shall be deemed an original, but all of which together shall constitute one document.

Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.

Compensation
For the full performance of the event security services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on an hourly basis per guard as shown below:
• Year #1: July 1, 2024-June 30, 2025:
o Regular Hourly Fee: $41.60
o Overtime/Holiday: $62.40
• Year #2: July 1, 2025-June 30, 2026:
o Regular Hourly Fee: $42.85
o Overtime/Holiday: $64.28
• Year #3: July 1, 2026-June 30, 2027:
o Regular Hourly Fee: $44.14
o Overtime/Holiday Fee: $66.20
• Option Years 4 and 5: To Be Determined based on market rates and inflationary factors, not to exceed 9% per year.

CONTRACTOR RESPONSIBILITIES: Unarmed security services are typically scheduled for private events and activities, however, the City reserves the right to schedule services for other Department sponsored events or programs on an as needed basis.

The vendor must provide the following services:

1. Services shall begin on July 1, 2024, and continue for a period of three (3) years until June 30, 2027, with an option to renew on a year-by-year basis for a maximum of two (2) one (1) year renewals as mutually agreed upon.

2. CONTRACTOR shall provide non-sworn, unarmed, uniformed security guard services for the City of San Rafael at the locations listed below for approximately 2160 hours of service each year. The CONTRACTOR must have adequate resources and staff to provide the security services agreed upon.

3. CONTRACTOR shall provide and supervise security guards who have passed pre-employment drug screening and background checks; and who have the mental and physical qualifications, experience and training needed to successfully perform their assigned duties. The CONTRACTOR is responsible for ensuring that security guards have a clear understanding of performance standards, as well as both required and prohibited activities.

4. The Security Guard's primary responsibilities include maintaining an orderly atmosphere for all event attendees; control crowds; monitor and control access to events and facilities; support City staff in the enforcement of facility rules; and respond to emergent situations as they arise.
v 08.22 2

5. Security Guard must be of a temperament to work and communicate with adults, teens, and children of all ages and be capable of controlling a crowd in all circumstances.

6. Security Guards may be required to use a two-way radio while on duty.

7. Security Guard shall be dressed in uniform with appropriate emblems and/or badges identifying their occupation as a security guard and the name of the company they work for.

8. The CONTRACTOR shall provide guard services without interruptions. In the case of interruptions in service, including, but not limited to absenteeism, the CONTRACTOR must provide a replacement in a reasonable amount of time that will cover agreed-upon Event hours. Additionally, the CONTRACTOR must notify the Library and Recreation Department immediately upon receiving a tardy notice from the scheduled guard(s).

9. The Security Guard will check-in and check-out with City staff, logging the arrival and departure time for each assigned event.

10.The Security Guard’s break times shall be agreed upon by the Security Guard and City personnel, and the Security Guard will be responsible for communicating when a break starts and ends.

11.The CONTRACTOR is responsible for all planning, scheduling, coordination and general training for security guards provided to the City.

12.The City will provide site-specific training on City policies and procedures as needed.

PERFORMANCE AND REPORTING REQUIREMENTS: CONTRACTOR agrees to establish a plan for routine reporting and documentation for metrics such as:
• No-show rate/No backfill
• Missed guard shifts
• Reports of incidents, complaints, or concerns requiring Guard intervention or response
• Summaries of violations of policies, procedures, and performance requirements • Summaries of violations of uniform dress, appearance standards, and proper identification
BACKGROUND CHECKS: CONTRACTOR will conduct personal background checks on all personnel before they are assigned work. Background checks must include fingerprinting. The City of San Rafael reserves the right to verify at their discretion each license and obtain a complaint history from the Department of Consumer Affairs, Bureau of Security and Investigative Services.

LICENSE AND PERMITS: CONTRACTOR and CONTRACTOR’s agents and employees shall possess all licenses, registrations, and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. Such licenses and permits are to be presented to the City of San Rafael staff v 08.22 3
on demand.

SUBCONTRACTING: CONTRACTOR shall not subcontract services provided under the Professional Services Agreement unless the City of San Rafael agrees to subcontracting in writing and executed in the same manner as the Professional Services Agreement.

SCHEDULE OF SERVICES: CONTRACTOR shall provide unarmed security guard services on an as needed basis during regular hours of operation as event rentals require. The City allows private rentals to reserve facilities at various times of day 7-days a week. Typically, security services are scheduled between the hours of 9:00am and 10:00pm weekdays, and until 11:30pm on weekends The City does not typically require security services on City Holidays.

CITY’S RESPONSIBILITIES: The City will communicate scheduling needs to the vendor, provide site-specific training and guidance to the contractor as needed, as well as provide notice of holidays, dates the facilities will be closed, or any changes to scheduled event hours.

Rev. 08.22 B-1

EXHIBIT B

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

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

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

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

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

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
Craig Veramay
Assistant Library & Recreation Director
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
5/14/2024
Re: Event Security Services for San Rafael Recreation Division Dear Mr. Veramay:

Barbier Security Group is honored to continue providing security services for The City of San Rafael. As the current security provider, we understand the importance of maintaining a safe environment in various event locations and surrounding areas. This proposal reaffirms our commitment to upholding the highest standards of security to ensure the safety and well-being of our clients and the community.

The following sections outline our company history, business philosophy, recommendations, operating procedures and fees to implement the proposed security service.

Company History & Qualifications
Recognizing the need for quality private security services, Barbier Security Group (BSG) was formed in June 2007 by Evan Barbier along with his wife Carla Barbier. Evan is a graduate of John Jay School for Criminal Justice with a BA in Criminology. Carla holds an MBA in Global Strategic Management from Dominican University of California.

In 2010, Harry Barbier joined BSG as Vice President after retiring from a 37-year long career with the San Rafael Police Department. While a Corporal with the Police Department, he performed crime scene investigations, hostage negotiations, and worked on the police patrol boat. Harry was also a School Resource Officer for over 10 years. He is active within BSG as a manager, supervisor, and heads Barbier Investigations, the private investigation branch of the company.

Since its inception, BSG has provided custom protection and security services for a wide range of clients including property managers, government agencies, corporations, and private individuals.

Current Barbier Security Group contracts range from Sonoma County and Napa to San Francisco and the East Bay, providing superior on-site and patrol services for clients. Our versatility in the duties we are called upon to perform has made BSG a standout among other security companies. Our agents are known for their professionalism, positive attitudes, and strong customer service skills. On-going training and regular reviews ensure the agents' skills are up-to-date and company policies are strictly followed.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
Business Attitude & Philosophy
Full Spectrum Security™
Our philosophy is simple: we believe in providing the highest quality security services available anywhere on the market. We serve our clients with a diverse and highly trained staff who bring with them a mix of advanced training and real world experience. Our educated and approachable agents make providing a secure and safe atmosphere for our clients their top priority. Utilizing innovative technology and tactics, we are constantly training, updating and adapting to ensure that Barbier Security Group breaks away from the stereotypical ‘security guard’ image while providing the utmost professional courtesy and safety.

At Barbier Security Group we take a tremendous amount of pride in being a family oriented, socially and environmentally responsible company that cares about the communities we serve.

Agent Selection & Training
At BSG we believe that selection is a never ending process. Our highly trained team of former law enforcement, military and security professionals is state certified and has passed our rigorous P.O.S.T. style background investigation and reference check. All employees must consent to ongoing random drug, nicotine, and alcohol tests, and also undergo regular performance reviews. BSG has zero tolerance for drug and performance policy violations.

Additionally, all employees are required to sign confidentiality non disclosure agreements upon hire. Our clients’ privacy and confidentiality is strictly enforced throughout a security guard’s employment at Barbier Security Group. BSG employees understand that the confidentiality agreement may be extended beyond their employment with BSG.

Agent Hiring Process
Employees are selected based on experience, education and work retention. Communication/personal skills and technology aptitude are also looked for in an applicant. Potential employees are first interviewed by phone and then invited to our office for a formal interview conducted by a panel of managers, an HR representative, and the owner of BSG.

Step 1: An advertisement is posted on-line using various online job-posting agencies including: Monster.com, CareerBuilder.com, and Craigslist.com. Flyers are also posted at local colleges as well as the Santa Rosa Police Academy. BSG has implemented an employee referral program, which rewards an employee when the new hire has passed his/her probationary period of at least 6 months.

Step 2: The number of applications we receive varies depending on the position. For some types of jobs we will often get 150 to 250 resumes. The HR representative personally scans all resumes and begins to compile a list of acceptable applicants who have passed the initial screening process.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
Step 3: Once we have narrowed down the resumes that closely match our criteria the HR representative sits down with the Operations Team to narrow down the list to the number of applicants needed.

Step 4: The HR representative conducts an in depth telephone interview with the applicants, usually taking 25-30 minutes. If the applicant is found to possess the necessary qualities to proceed, a formal interview and oral board interview is arranged.

Step 5: The formal interview and oral board is always conducted with the President and VP as well as an additional manager and supervisor. The interview allows the management to decide if the applicant is a good fit for the company. The applicant will go over his/her work and life history and discuss their personal strengths and weaknesses. This interview also gives the applicant the opportunity to ask management any questions related to the daily duties of the job and what type of assignments are available.

Step 6: If the applicant is chosen to continue, they are required to undergo a Peace Officer Standards and Training (P.O.S.T.) style background investigation and reference check. At this point the applicant has signed a waiver allowing Barbier Security Group authorization to conduct a thorough investigation. Our background investigators are P.O.S.T. certified and use a variety of electronic and interview based methods to ensure the applicant's' resume is accurate. Criminal history is verified utilizing several methods:

1. In order to become a licensed security guard through the state of California an applicant must undergo a criminal history check through the Department of Justice and the Federal Bureau of Investigations.

2. BSG utilizes local county databases and public booking logs to verify criminal history.

3. Online resources such as www.peoplesmart.com allow us to verify public, civil, and criminal records.

If more information is required, the applicant will be contacted and asked to provide additional references or clarify information.

Step 7: Once the applicant meets the necessary requirements for the position, a formal conditional job offer is presented, pending a 12-panel drug test.

Agent Training Process
Basic guard card training
Bureau of Security and Investigative Services –Powers to Arrest Training:

Security guards are employed by licensed private patrol operators to protect persons or property and prevent theft. To be eligible to apply for a security guard registration, you must:
● Be at least 18 years old
● Undergo a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of INvestigation (FBI); and
● Complete a 40-hour course of required training by a certified training facility.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
Date of Completion Training Hours Needed
Prior to Being Assigned on Post 8 Hours
Training Required within the First 39 Days 16 Hours
Training Required within the First Six Months 16 Hours
TOTAL HOURS 40 Hours
All security agents begin their employment by attending an Agent Orientation. This orientation consists of introducing company policies and procedures as well as legal and civil considerations within the security industry. Following the agents’ orientation phase they will move into our security specific training program.

Agent Training Academy
Initial and Ongoing Employee Training
After going through the industry standard 8 hours of initial BSIS Guard Card training. Barbier Security Group then puts the agents through an additional and much more rigorous training which greatly exceeds the current industry standard. We call this training The BSG Academy. During the new agents Academy Day they will go through a variety of physically demanding activities, such as:
● Minimum 2 mile outdoor trail run
● Hands on defensive tactics techniques
● Handcuffing
● OC Pepper Spray
● Scenario based training which helps agents
learn how to deal with and resolve a variety of
situations they may encounter while working
in the field.
● OC Pepper Spray exposure followed by a
hands-on skill test combining the skills they
have learned throughout the day.

Barbier Security Group’s emphasis on laws and scenarios is considerably more thorough and detailed than the current industry standards. Scenarios might comprise of dealing with the public, including mentally ill or intoxicated persons, and gang members.

Customer service techniques are explained and discussed enabling our staff to resolve conflicts or issues while on duty. As training is such a vital part of BSG’s work philosophy we have a dedicated Training Instructor to keep everyone updated on new techniques and skills.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
All new personnel must attend training sessions upon recruitment. Refresher courses and follow-up training for all current personnel are scheduled approximately every month. Additional ongoing training courses include:
● BSIS Baton Course
● BSIS Exposed Carry Firearms Course
● Red Cross CPR, First Aid & AED
● Client Confidentiality Best Practices
● HIPAA/OSHA Education and Awareness
● Report Writing
● OC Pepper Spray Refresher Training
● Handcuffing Refresher Training
● Defensive Tactics
● Firearm Fundamental Course
● Interview Techniques
● Identification of Persons under the Influence
● First Aid and Emergency Medical Response
Safety
● Biosafety and Bloodborne Pathogen Safety
● Dealing with Difficult Persons
● Dealing with Suicidal Persons
● Active Shooter Response and Protocols
● Safe Driving and Vehicle/Fleet Safety
All training is conducted by certified BSG Instructors, current and former law enforcement, military and industry leaders in the security training community. This ensures the highest quality instruction as well as training specifically geared towards the properties we safeguard. Managers and personnel are required to re-qualify and refresh their skills twice a year in certain areas of our training procedures.

On-Site Security Presence
Barbier Security Group will provide the property with a dedicated on-site security agent, wearing a police style uniform consisting of khaki pants and black uniform shirt. The agent shall conduct regular patrols of the property and will act as a strong deterrent to trespassing, vandalism, break-ins and/or other criminal activity that might otherwise take place on the property.

Activity Reports
Another important feature of Barbier Security Group is written communication in the form of Activity Reports via the Lighthouse App. These reports document any problems encountered such as trespassing, vandalism, theft, and other criminal acts. Activity Reports for minor incidents will be submitted to a designated member of the property management’s staff the following morning unless a different interval is requested. In the event of a major incident, such as property damage or theft, a designated staff member will be immediately contacted by telephone and a report will be issued within 24 hours.

For daily reporting and workforce management, agents would use a mobile device to log reports via the mobile app Lighthouse. Lighthouse allows management to see agents live in the field as well as monitor their activity reports. Using a combination of GPS, geo fencing and QR Code scans, BSG is able to ensure client expectations are met and that proper operational oversight is achieved.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121
8 Attachment 1 – City of San Rafael Recreation Division Security Services Price Sheet
The City is proposing a 3-year initial term with two (2) optional one-year extensions. Please complete the table to include your hourly fee for security services for Years 1-3 of the Agreement. In the space provided, please describe your approach to any fee changes for the optional extension years. The selected provider will be required to comply with all wage laws, labor code laws, and California meal and rest break laws for the personnel classification type.

Proposers are to list hourly rates for service as flat rates including all wages, benefits, allowances, or differentials. Hourly rates should include all clerical support, materials fees, overhead, profits, and other costs and/or expenses incidental to the performance of the specified requirements under the Professional Services Agreement.

Security Service Hourly Fees for Year 1: July 1, 2024 – June 30, 2025 Facility Location Facility Location Regular
Hourly Fee
Overtime (OT) /
Holiday Hours
Fee
Minimum # of
Hours Per
Guard Per Shift
Albert J. Boro
Community Center
50 Canal St
Falkirk Cultural
Center
1408 Mission St
Pickleweed Soccer
Field (Sports Events)
50 Canal St
San Rafael
Community Center
618 B St
Albert Field Baseball
Stadium (Sports
Events)
618 B St
Terra Linda
Community Center
670 Del Ganado
Rd
Security Service Fees for Year 2: July 1, 2024 – June 30, 2025 Facility Location Facility Location Regular
Hourly Fee
Overtime (OT) /
Holiday Hours
Fee
Minimum # of
Hours Per
Guard Per Shift
Albert J. Boro
Community Center
50 Canal St
Falkirk Cultural
Center
1408 Mission St
Pickleweed Soccer
Field (Sports Events)
50 Canal St
San Rafael
Community Center
618 B St
Albert Field Baseball
Stadium (Sports
Events)
618 B St
Terra Linda
Community Center
670 Del Ganado
Rd
$41.60
$41.60
$41.60
$41.60
$41.60
$41.60
$62.40
$62.40
$62.40
$62.40
$62.40
$62.40
$42.85
$42.85
$42.85
$42.85
$42.85
$42.85
$64.28
$64.28
$64.28
$64.28
$64.28
$64.28
4 4
4 4
4 4
4 4
4 4
4 4
9 Security Service Fees for Year 3: July 1, 2024 – June 30, 2025 Facility Location Facility Location Regular
Hourly Fee
Overtime (OT) /
Holiday Hours
Fee
Minimum # of
Hours Per
Guard Per Shift
Albert J. Boro
Community Center
50 Canal St
Falkirk Cultural
Center
1408 Mission St
Pickleweed Soccer
Field (Sports Events)
50 Canal St
San Rafael
Community Center
618 B St
Albert Field Baseball
Stadium (Sports
Events)
618 B St
Terra Linda
Community Center
670 Del Ganado
Rd
Please share your approach for pricing hourly fees for optional extension years 4-5:
___________________________________________________________________________________ Name of person completed price sheet: ___________________________________________________ Title: ______________________________________________________________________________ Signature: ___________________________________________ Date: _________________________ $44.14
$44.14
$44.14
$44.14
$44.14
$44.14
$66.20
$66.20
$66.20
$66.20
$66.20
$66.20
4 4
4 4
4 4
5/14/2024
For the optional extension years 4-5 of the contract, our approach for pricing hourly fees is structured to ensure cost-effectiveness and value for the services provided. Our pricing model takes into account factors such as inflationary adjustments, operational costs, and market trends to maintain competitive rates while upholding service quality.

Our goal is to provide consistent and reliable security services while offering fair and competitive pricing for the duration of the contract extension.

H. Evan Barbier
CEO

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
References
REFERENCE 1:

Name of Agency or Company: Dominican University of California Address: 50 Acacia Ave, San Rafael, CA 94901
Project Description: Onsite Security Presence Safeguarding a College University Project Manager/Contact: Paul Raccanello Title: Dean of Students Phone: 415-485-3223 Email: [email protected] Dates Services Were Provided: 2009-Present
Summary of Services Provided: Two Onsite Agents 24/7 365 onsite Security for campus buildings and residential dorms, provide access control, conduct locks and unlocks of the property, customer service, interact with the student population, respond to medical/psychological emergencies, provide threat assessments for student and campus safety, etc. BSG also provides security for all campus events.

REFERENCE 2:

Name of Agency or Company: Marin Health
Address: 250 Bon Air Road, Greenbrae, CA 94904
Project Manager/Contact: Eric Rodriguez Title: Hospital Security Supervisor Phone: 1-415-847-2536 Email: [email protected] Dates Services Were Provided: 2015 -2022 Support & 2020-Present providing full contract support Summary of Services Provided: Marin Health is a large Level 1 Trauma Center located in Marin County.

Due to the nature of the speciality assignments and work location all staff are handpicked to work solely at this location. From 2015-2022 BSG provided additional support to the existing contractor at times filling up to 80% of the entire workload. In 2020 BSG bid on the entire hospital project and took over all operational staffing throughout the campus. The site is currently staffed by 1 Director of Security, 1 Supervisor 24/7, 3 guards 24/7, and 2 guards M-F assisting with parking/vehicle access.

REFERENCE 3:

Name of Agency or Company: Saint Ignatius Prep
Address: 2001 37th Ave, San Francisco, Ca 94116
Project Manager/Contact: Marybeth McFarland Title: Director of Security Phone: 1-415-731-7500 Email: [email protected]
Dates Services Were Provided: 2015 - Present
Summary of Services Provided: Saint Ignatius Prep is a large Private High School. Due to the nature of the work location and speciality assignments all staff are handpicked to work solely at this location. From 2015- Present The site is currently staffed by 1 Security Supervisor, 1 Security Lead with at least 2 guards working 24/7. BSG also provides security for all campus events.

Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121

BARBIER SECURITY GROUP
T 415.747.8473 │ www.barbiersecurity.com
F 415.747.8124 │ [email protected]
Our Commitment
Barbier Security Group is committed to providing our clients with the highest professional standards to protect your property. We sincerely appreciate the opportunity to offer our services and look forward to your acceptance of this proposal. If you have any questions or comments please contact me at (415) 747-8473.

Very truly yours,
Evan Barbier
Principal
Protective Security │ Investigations │ Threat Assessment │ Advanced Training PPO 16508 TIB 1710 TFB 1150 PI 27121
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.i
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: SPECIAL EVENT STREET CLOSURES IN SAN RAFAEL
SUBJECT: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF STREETS IN SAN

RAFAEL FOR SPECIAL EVENTS
RECOMMENDATION: Adopt a resolution authorizing the temporary closure of streets in San Rafael for special events.

BACKGROUND:

The San Rafael Municipal Code requires City Council approval of all special events which necessitate the temporary closure of City streets and temporary parking restrictions. In addition, California Vehicle Code section 21101(e) authorizes the City to adopt a resolution temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes. The San Rafael Police Department has received special event applications for five special events currently in the planning process, which would require street closures and/or parking restrictions, one of which involves the closure of downtown streets.

If approval is granted for the stated road closures, City staff will continue to process all event applications.

Event producers will be required to submit a complete special event application, fulfill insurance requirements indemnifying the City from liability associated with the event, and provide detailed information regarding operation, logistics, and activities included in the event. The permitting process includes street closure diagrams, traffic control plans, and more, which staff use to develop internal traffic and safety plans. Staff will ensure event organizers effectively manage community notifications of potential event impacts as well as associated street closures.

ANALYSIS:

The five special event street closures are as follows:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Downtown Events Impacting Fourth Street:

Event: Dancing Under the Lights
Date(s): August 9, 2024 (Friday)
Closure Fourth Street: A Street to Lootens Place
Location(s):

Event Time: 5:00 PM – 9:00 PM
Closure Time: 3:00 PM – 10:00 PM
Event: San Rafael Fire Department Apparatus Parade
Date(s): September 2, 2024 (Monday – Labor Day)
Closure Fourth Street: E Street to C Street
Location(s): D Street: Fourth Street to Fifth Avenue
Parade Closure 12:00 p.m.- 1:00 p.m.

Fourth Street: E Street to Lincoln Avenue
Event Time: 12:00 PM – 4:00 PM
Closure Time: 12:00 PM – 5:00 PM
Event: Día de los Muertos Car Show and Procession
Date(s): October 19 (Saturday)
Closure Tamalpais Avenue: Mission Avenue to Fifth Avenue Location(s):

Event Time: 1:00 PM – 6:00 PM
Closure Time: 12:00 PM – 7:00 PM
Events Impacting Other Neighborhoods:

Event: Community Event: Transportation Authority of Marin Date(s): July 13, 2024 (Saturday)
Closure
Location(s): Alto Street: Larkspur Street to Belvedere Street SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Event Time: 10:00 AM – 4:00 PM
Closure Time: 9:00 AM – 5:00 PM
Event: Eye Street Block Party
Date(s): August 24, 2024 (Saturday)
Closure
Location(s): Eye Street: Center Street to Harcourt St
Event Time: 3:00 PM – 6:00 PM
Closure Time: 2:00 PM – 8:00 PM
Specific street closure times are subject to change, will be determined by City staff and the Police Department Traffic Sergeant as needed for each event day schedule, and will be noticed to the public.

COMMUNITY OUTREACH:

Merchants, businesses, residents, and the general public are notified of the street closures through a variety of outlets, including mailed notices, public service messages, event posters, email, signage, community organizations, and official City of San Rafael social media accounts.

FISCAL IMPACT:

Pursuant to the current City policy, the Police Department, Department of Public Works, and Parking Services fees and/or costs will be assessed and reimbursed by the event organizer.

OPTIONS:

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

1. Adopt the resolution authorizing the specified special event temporary street closures.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt a resolution authorizing the temporary closure of streets in San Rafael for special events.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE TEMPORARY CLOSURE

OF STREETS IN SAN RAFAEL
WHEREAS, the San Rafael City Council has determined that it is in the best interests of the public health and safety to implement a modified Traffic Plan and Road Closure for all special events in San Rafael and nearby neighborhoods; and
WHEREAS, after reviewing plans for the events and the traffic patterns, City staff has determined and recommended that, in the interest of the safety and welfare of pedestrian and auto traffic in the downtown area, the streets should be temporarily closed to through traffic for the dates and locations as specified in the Staff Report; and
WHEREAS, the specific time periods for the temporary closures described in the Staff Report shall be as determined by the City staff in consultation with the Police Department, and staff shall give timely notice to the public of those time periods by signage and/or other appropriate means.

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

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

2. That pursuant to the authority of Vehicle Code section 21101(e), for the safety and protection of persons, including pedestrians and vehicle drivers, the City Council hereby authorizes the temporary closure of the listed streets for the locations and dates described in the Staff Report accompanying this Resolution.

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 held on the 17th day of June 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.j
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public Works
Jonathan Schellin, Deputy Director of Public
Works
City Manager Approval: ________
TOPIC: BAYPOINT LAGOONS ASSESSMENT DISTRICT
SUBJECT: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ANNUAL ASSESSMENT FY 2024-25
RECOMMENDATION:

Staff recommends that the City Council take the following actions:

1. Adopt a resolution directing the filing of the Engineer’s FY 2024-25 Annual Report.

2. Adopt a resolution approving the Engineer’s FY 2024-25 Annual Report.

3. Adopt a resolution of intention to order improvements and set a public hearing on the annual assessment for the City Council meeting on July 15, 2024.

BACKGROUND:

To comply with provisions of the
Landscaping and Lighting Act of
1972, which governs the
assessment district, the City Council
must approve an Engineer’s report
annually. Assessments to be
collected by the District must be
allocated and levied annually after a
public hearing to be held this year on
July 15, 2024.

The Baypoint Lagoons Landscaping and Lighting District (Assessment District) was formed in 1990 to protect and enhance wildlife habitat and water quality in the Baypoint (Spinnaker) Lagoons, the adjacent ponds, and the diked salt marsh. There are four total ponds/lagoons located within the Assessment District. Maintenance provided by this District has historically included mowing around the lagoon, replanting areas with native vegetation, and eradicating exotic plants such as cattails.

Assessment District boundaries in East San Rafael (yellow) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Since the mid-2000s, the Baypoint Lagoons Homeowners Association (HOA) has taken a more active role in the landscaping of the lagoon areas. In recent years, the HOA, as opposed to the Assessment District, has funded landscaping and biannual mowing of the grass around the lagoon.

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

The Assessment District has three dedicated funds:

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

The Eradication of Exotic Plants Fund balance as of June 30, 2024, is anticipated to be $44,986.

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

Over the past few years, the City has regulated the water levels in the lagoon by opening and closing a manual gate, which has minimized the odor complaints in the area and facilitated the recharge of the lagoon levels. This has resulted in a low-cost and effective way to mitigate this concern.

The Environmental Monitoring Fund balance as of June 30, 2024, is anticipated to be $69,853.

3. Cayes Stormwater Pump Station Improvements Fund
Though the Cayes Pump Station is located just outside the Assessment District, the station serves as the key drainage facility, and its regular pumping action keeps it as the odor regulator for the District’s lagoon. The Assessment District is concerned with improving the functionality and remote operability of the 50-year-old pump station and, since 2006, has set aside money every year to fund control system improvements.

Bringing the control system up to date would allow for a more automated method of controlling the water level to reduce the potential odors caused by hot weather and algae growth.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The Cayes Stormwater Pump Station Improvements Fund is expected to have a balance of $93,470 as of June 30, 2024.

ANALYSIS:

To advance the goals of homeowners and the District, the City has undergone three major efforts in the last few years. The first was the engineering and design of the reconstruction of Cayes Pump Station. In 2021, the District awarded a design contract to Cammisa + Wipf, who completed 90% of the electrical plans and a construction estimate. In 2020, the cost was estimated at $372,310, which exceeded the amount of money in the pump station fund. As part of the FY 2023- 24 and FY 2024-25 Capital Improvement Programs (CIP), the City continues to evaluate the entire storm drain system, including pump stations, as part of the Storm Drain Master Plan to determine where the City's limited stormwater funds will be allocated. The larger pump station project will have to wait until this process is complete to see where it ranks citywide. However, in FY2024- 25, the City will explore replacing the automatic pump controls. Currently, the City receives many requests to recharge the lagoon for odor control and help remove the water before large storms instead of allowing the lagoons to rise and fall with the tides. Replacing the flap gate and controls with a gate that can be controlled from dry ground will allow the City to improve safety and response time.

In addition, some of the residents of the assessment district have approached the City with concerns over vegetation and invasive species. The City secured a contract with WRA for landscape design work in February 2024 and has held several meetings with some residents and WRA to provide updates on this work. The City expects the design work to be completed in early FY 2024-25. The City will continue to work with the residents on any potential implementation of this design. However, future determinations on funding for implementing this work have not been determined.

The activities for the Assessment District Fund during FY 2023-24 were as follows:

July 1, 2023, Fund Balance $224,737
Revenues
Assessments $24,100
Interest $2,816
Total Revenues $26,916
YTD Expenditures
County Admin Fee $386
Previous Year’s Engineer's report $2,063
Staff Time $5,475
Contractual Services (WRA Landscape Design) $19,296
Total Expenditures (proj.) $27,221
Projected June 30, 2024, Fund Balance $224,432
The attached resolutions provide for filing and approval of the Engineer’s 2024-25 Annual Report for the District and setting the public hearing on the assessments.

FISCAL IMPACT: All revenues and expenses are generated by the Assessment District and are contained within the Baypoint Lagoons Assessment District Fund (Fund No. 235). The proposed FY 2024-25 assessment is $131.44 per parcel, which has remained unchanged since 1996. The City incurs indirect General Fund costs related to staff time managing the District, monitoring and adjusting the lagoon water level, and managing the capital improvements at the Cayes SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Stormwater Pump Station. The Public Works Department has started to track these costs and charge them back to the District. This is a new process for tracking staff time, and the future implementation of the Asset Management software will enable a more comprehensive and detailed accounting of these costs. The District pays for all direct contracted costs.

ENVIRONMENTAL ANALYSIS:

Landscaping and lighting district assessments are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378(b)(4) because government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment are not considered a project.

OPTIONS:

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

1. Adopt the three resolutions as presented.

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

3. Do not adopt the resolutions. If the Council does not adopt these resolutions, a public hearing will not occur, and the City cannot levy the annual assessment on property owners within the Assessment District.

RECOMMENDED ACTION:

1. Adopt a resolution directing the filing of the Engineer’s FY 2024-25 Annual Report.

2. Adopt a resolution approving the Engineer’s FY 2024-25 Annual Report.

3. Adopt a resolution of intention to order improvements and set a public hearing on the annual assessment for the City Council meeting on July 15, 2024.

ATTACHMENTS:

1. Resolution directing filing of Engineer’s 2024-25 Annual Report.

2. Resolution approving Engineer’s 2024-25 Annual Report.

3. Resolution of intention to order improvements and setting a Public Hearing on the Annual Assessment for the City Council meeting of July 17, 2024.

4. City Engineer’s 2024-25 Annual Report.

RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DIRECTING
FILING OF ENGINEER’S ANNUAL REPORT FY 2024-25

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

1. Joanna Kwok, City Engineer, is designated as the Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, and is hereby directed to file with the City Clerk an annual report for fiscal year 2024-25 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

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

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
ENGINEER’S ANNUAL REPORT FY 2024-25

1. Joanna Kwok, as Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, has filed with the City Clerk an Engineer’s Annual Report for fiscal year 2024-25 in accordance with the provisions of the Landscaping and Lighting Act of 1972.

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

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

LINDSAY LARA, City Clerk
RESOLUTION NO.

SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER

IMPROVEMENTS AND SETTING A PUBLIC HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JULY 15, 2024

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

1. The City Council intends to levy and collect assessments within the Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, during the fiscal year 2024-25. The area of land to be assessed is located in the City of San Rafael, Marin County.

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

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

4. On Monday, the 15th of July, 2024 at the hour of 6:00 o’clock P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held live in person at the City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California 94901.

5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972 by publishing a copy of this resolution once in the Marin Independent Journal, publication to be completed not less than ten (10) days before July 15, 2024.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR

BAYPOINT LAGOONS LANDSCAPING

AND LIGHTING DISTRICT
2024 - 2025

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 17, 2024
First Meeting
JULY 15, 2024
Second Meeting
Prepared By:

City of San Rafael

ENGINEER'S ANNUAL REPORT
2024-2025

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT

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

DATED:

CITY OF SAN RAFAEL
Joanna Kwok, City of San Rafael, City Engineer
By _________________ _
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _________ day of ________ ,, 2024.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By _________________ _
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on _____ , 2024 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the _________ day of ________ , 2024.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By _________________ _
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Marin on the _________ day of _________ , 2024.

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

Page 1 ends

ENGINEER'S ANNUAL REPORT
2024-2025

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Pursuant to the Landscaping and Lighting Act of 1972)
City of San Rafael, Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, makes this annual report, as directed by the City Council, by its Resolution No. _____ , adopted _______ , 2024.

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

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

This report consists of six parts, as follows:

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

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

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

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

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

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PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
City of San Rafael
By _________________ _
Joanna Kwok, City of San Rafael, City Engineer
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PART A
Background:

Plans for the maintenance and improvement of the lagoon are the monitoring portions of the report prepared by Western Ecological Services Company, Inc., dated May 31, 1996 and titled REVISED PROPOSAL FOR 1998 and 1999 BUDGET FOR SPINNAKER LAGOON MANAGEMENT, the Letter Report prepared November 28, 1999 by Wetlands Research Associates, Inc., the Letter Proposal prepared by Pacific OpenSpace dated August 9, 1999, and subsequent documents and contracts between Pacific OpenSpace and the City of San Rafael. These documents have been filed previously with the clerk of the legislative body and are incorporated in this report by reference.

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

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

In past years, additional weed abatement was performed by Pacific OpenSpace, Inc. under the direction of the City. The Pacific OpenSpace maintenance crew performed weed control in the form of mowing at Baypoint Lagoon during 2005. The major focus of their work was the eradication of broadleaf perennials, such as bristly ox-tongue (Picris echioides) and fennel (Foeniculum vulgare), as well as perennial weeds such as Harding grass (Phalaris aquatica). The Home Owners Association took over the maintenance of the waterfront around the lagoon in the mid-2000's. Since that time, the City has performed occasional maintenance of the vegetation within the lagoon and on the islands.

The Homeowners Association has continued to take an active role in managing and directing the Assessment District. Representatives from the Homeowners Association have met on numerous occasions with the District Engineer, the City's engineering staff and the City's maintenance staff regarding the management and operations of the lagoon and surrounding open area. These meetings started a number of years ago and have continued, allowing the homeowners to gain expertise and insight into the original intentions of the Assessment District and develop ideas and plans to make the best use of the Assessment District funds. The most recent discussion took place in 2023.

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

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

First Concern:

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PART A
Since 2006, the Assessment District has set aside money every year to fund improvements to the Cayes Storm Water Pump Station. The amount of set aside started small, $5,000.00, and has increased to approximately $15,000.00 annually. However, in Fiscal Year 2018-2019 maintenance to clean the pump station and outfall was undertaken which reduced Pump Station Control Fund (see below). The amount set aside is designated to fund the control improvements to the pump station to bring the control system up to date and allow a more automated control of the water level to reduce the potential for hot weather odors and algae growth. This fund's current balance can be found in Part C. The cost of the controls system has increased steadily over the years, and in 2020, it was estimated at $372,310 based on a preliminary electrical design estimate.

Second Concern:

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

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

The result of this work reduced the overall funds available. Since the work was environmentally driven, the District paid for the study from the set-asides allocated as the Environmental Monitoring Fund. This reduced the Environmental monitoring fund to $31,515.00. The District has continued to grow this balance when revenues exceed the yearly costs of maintenance and operations for that year. The fund's current amount is listed Part C.

Cayes Storm Water Pump Station: The City and homeowners continue to desire to add motor controls to better regulate the level of the lagoon. This would require that additional control devices be integrated into the Cayes Storm Water Pump Station. Updates to the Pump Station Control fund for this year can be found in the activities section below, with the fund balance detailed in Part C.

Eradication of Exotic Plants: This fund has remained the same for many years, anticipating removal of invasive and exotic plants and debris. In earlier years, the District removed grass and cattails along with mowing the waterfront. As noted above, the Home Owners Association took over the maintenance of the water front around 2006. Since that time the City has performed maintenance as-needed on the vegetation within the lagoon which is difficult to reach from the shoreline. Until the 2019-2020 fiscal year, the City did this with its own maintenance staff and did not charge the district for the work. The current fund balance can be found in Part C.

Previous Year's Activities
Consult previous year's Engineer Reports for activity details.

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PART A
2023 - 2024 Activities
The City has continued to regulate the water levels in the lagoon, which has minimized the odor complaints in the area and facilitated recharge of the lagoon levels. In addition to manually regulating water levels for both stormwater control and odor regulation, the City Staff cleaned out both the pipe that discharge into the lagoon and the pipe that connects the salt marsh to the lagoon.

As noted in previous years this manual effort ideally would be replaced by an automatic pump control that could be monitored at the Department of Public Works (DPW). This year the District is not electing to make a contribution to the Pump Station Control Fund and will keep a limited amount of funds unallocated for future potential expenses regarding the landscape design work.

The Pump Station Control Fund is expected to have a balance of $93,470 on June 30, 2024.

Previously some of the residents of Baypoint Lagoons approached the City concerned about vegetation and invasive species as well as water quality. This year the City initiated a landscape design project for the District with the local firm WRA. The design work and meetings with resident representatives are expected to be completed by the end of July 2024. The City expects to continue to work with the residents of the District on any potential implementation of this design. Future determinations on funding for any implementation of work is ongoing. The Eradication of Exotic Plants Fund is expected to have a balance of $44,986 on June 30, 2024. The Phase II Monitoring fund was expected to have a balance of $69,853 on June 30, 2024, but the allocation was not made because the funds were spent on the landscape design work per the residents' representatives request.

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PARTC

ASSESSMENT ROLL
(Please Refer to Part D - Method of Apportionment of Assessment for a Summary of Changes to Part C - Assessment Roll
For a summary of financials from 1993-2023 see the prior reports filed with the City Clerk Total Estimated Available Funds June 30, 2023:

Adjustments to from Estimated to Actual
Available Funds on July 1, 2023 per City Finance Department Direct Expenditures
County fees
Previous Year's Engineers Report
Staff Time
Contractual Services - WRA Landscape Design
Total Direct Expenditures
Assessment Proceeds
Interest
Total Available Funds estimated for June 30, 2024
FY 2023-2024 Funds, Phase II Program
Monitoring and Status Report Fund
Pump Station Control Fund
Eradication of Exotic Plants
Total Funds available for Phase II Monitoring,
Pump Station Fund & Eradication
Available Unallocated Funds Oune 30, 2024)
Anticipated 2024-2025 Expenses
Incidental Expenses
Engineer's Report (2023-2024)
City Staff Time
County Administrative Fees
Total Cost of Incidental Expenses and Fund Contributions Contingencies
FY 2024-2025 ASSESSMENTS:

Fiscal Year 2024 - 2025 Available Funds:

TOTAL ANTICIPATED END OF FY 2024-2025 BALANCE:

Page 7 ends

$ 221 799
$ 2,938
$ 224,737
$ 386
$ 2,063
$ 5,475
$ 19,297
$ 27,221
$ 24,100
$ 2,816
$ 224,432
$ 69,853
$ 93,470
$ 44,986
$ 208,309
$ 16,123
$ 1,000
$ 5,500
$ 400
$ 6 900
$ 18,468
$ 25,368
$ 249 800
$ 242.200
PARTC