San Rafael City Council
August 19, 2024

AGENDA (REVISED)
SAN RAFAEL CITY COUNCIL - MONDAY, AUGUST 19, 2024
SPECIAL MEETING AT 4:45 P.M.

REGULAR MEETING AT 6:00 P.M.

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].

SPECIAL MEETING AT 4:45 P.M.

San Rafael Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/sm-2024-08-19 Listen by phone: (669) 900-9128
ID: 879-9873-4798#
One Tap Mobile: +16699009128,,87998734798# US

1. Planning Commission Interviews
Interview Applicants and Make Appointments to One Four-Year Term and Two Alternate Member Four-Year Term Licensed Architect Seats on the Planning Commission to the End of October 2028; And Appoint Current Planning Commissioners to Specific Seats on the Planning Commission to Finalize Membership on the Commission (CC) Recommended Action – Interview applicants and make appointments

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.

REGULAR MEETING AT 6:00 P.M.

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

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-08-19 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
2 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:

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. City Quarterly Investment Report
Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending June 30, 2024 (Fin)
Recommended Action – Accept report
b. Caltrans Maintenance Agreement Amendment
Rescind Resolution 15306 and Adopt Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans (PW)
Recommended Action – Rescind Resolution 15306 and Adopt Resolution c. Caltrans Property Relinquishment
Resolution Approving and Authorizing the City Manager to Send a Letter to Request that Caltrans Relinquishes the Property East of Redwood Highway and Civic Center Drive (PW) Recommended Action – Adopt Resolution
d. Grand Avenue Cycle Track Project
Accept Completion of the Grand Ave Cycle Track Project, City Project No. 11393, and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action – Accept completion of the Grand Ave Cycle Track Project and authorize the City Clerk to file the Notice of Completion
e. Large Trash Capture Device Projects
Authorize the City Manager to Enter into Professional Services Agreements to Provide Design Services for Large Trash Capture Devices with:
i. Schaaf & Wheeler Consulting Civil Engineers (S&W) in the Amount Not to Exceed $476,565
Recommended Action – Authorize the City Manager to enter into a professional services agreement with Schaaf & Wheeler Consulting Civil Engineers (“S&W”) to provide design services for large trash capture devices at three locations, in the amount not to exceed $476,565
ii. BKF Engineers (BKF) in the Amount Not to Exceed $421,300 Recommended Action – Authorize the City Manager to enter into a professional services agreement with BKF Engineers (“BKF”) to provide design services for large trash capture devices at two locations, in the amount not to exceed $421,300 3 PUBLIC HEARINGS

5. Public Hearings:
a. Proposed Camping Ordinance Amendments, and Informational Report on Homelessness, Including Sanctioned Camping Program, Homeless Program Contracts and Appropriation of Funds
i. Introduction of an Ordinance Amending San Rafael Municipal Code Chapter 19.50 -- Camping on Public Property
Recommended Action – Introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only
ii. Resolution Appropriating $2,256,400 From the Grants Fund 283 to Support the Initial Costs and Contracts Associated with the Sanctioned Camping Program and Authorizing the City Manager to Execute Contracts in the Amount of $2,002,400 for the First Phase of the Encampment Resolution Fund Round 3 (ERF3) Grant Program and Other Homelessness Program Services (CM)
Recommended Action – Adopt Resolution
b. Amendments to Chapter 15.155 (Urban Lot Splits) and Chapter 15.03 (Minor Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code
Introduction of an Ordinance Amending Chapter 15.155 (Urban Lot Splits) and Chapter

15.03 (Minor Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code to Clarify and Improve the Procedure for Implementation of Government Code Section 66411.7 (Senate Bill 9) Related to Urban Lot Splits (PW)
Recommended Action – Introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Response to the Grand Jury Report on Sea Level Rise
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Titled “Sea Level Rise: The Water is Upon Us We Cannot Run – We Cannot Hide” (CM)
Recommended Action – Adopt Resolution
b. Sidewalk Repair Program Update
Approve the Sidewalk Repair Program as a Permanent Program and Authorize a $1,000 Increase in Allowable Reimbursement Amount, For a New Total Reimbursement up to $2,000 in Fiscal Year 2024-25, With an Allowable Yearly Increase Tied to the Consumer Price Index, Up to a Maximum of 3.5% a Year (CM)
Recommended Action – Approve the Sidewalk Repair Program as permanent program and authorize a $1,000 Increase in allowable reimbursement amount, for a new total reimbursement up to $2,000 in fiscal year 2024-25, with an allowable yearly increase tied to the Consumer Price Index, up to a maximum of 3.5% a year
c. Fiscal Year 2023-2024 Budget Amendments
Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2023- 2024 for the Purpose of Confirming Authorized Appropriations and Transfers (Fin)
Recommended Action – Adopt Resolution
4 d. Pavement Maintenance Project Fiscal Year 2024-25
Award the Construction Agreement for the Pavement Maintenance Project FY 2024-25 to Pavement Coatings Co. and Authorize $1,900,000 for Project Construction (PW) Recommended Action - Approve plans and specifications for the Pavement Maintenance Project FY 2024-25 (also referred to as “City Project No. 11454” and “the Project”) deemed reasonable by the City Engineer, on file in the Department of Public Works; And, Award a construction agreement (the “Construction Agreement”) for the project to Pavement Coatings Co., authorize the City Manager to execute the construction agreement in the amount of $1,655,880 and authorize the City Manager to amend the contract amount using contingency funds of $244,120 for a total not to exceed amount of $1,900,000 for the Project; And, Appropriate $400,000 from the Gas Tax Fund (206) for the construction agreement to supplement the previously appropriated amount of $1,500,000 from the Gas Tax Fund (206) included in the FY 2024-25 adopted budget approved on June 17, 2024

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.

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/. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: PLANNING COMMISSION INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS FOR OPEN PLANNING COMMISSION SEATS AND MAKE APPOINTMENTS FOR THREE, FOUR-YEAR TERMS ENDING OCTOBER 31, 2028:

ONE REGULAR MEMBER AND TWO ALTERNATE MEMBERS; AND APPOINT

CURRENT PLANNING COMMISSIONERS TO SPECIFIC SEATS ON THE PLANNING

COMMISSION TO FINALIZE MEMBERSHIP ON THE COMMISSION
RECOMMENDATION:

Interview the following eligible members from the former Design Review Board to fill the licensed architect regular voting member seat and the two alternate member licensed architect seats on the Planning Commission:

Applicants
Donald Blayney
Jeff Kent
Stewart Summers
Sharon Kovalsky
Approve recommended appointments of current Planning Commissioners to specific seats on the Planning Commission to finalize members on the Commission.

BACKGROUND:

On July 15, 2024, the City Council adopted an Ordinance Amending Titles 2 – Administration of the San Rafael Municipal Code to Add Design Professionals to the Planning Commission Membership Composition, and Amend Titles 14 – Zoning, and 15 - Subdivisions of the San Rafael Municipal Code, to Dissolve the Design Review Board and Transfer Existing Duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development.

On June 21, 2022, the City Council adopted an Ordinance amending the Planning Commission’s membership composition to include district representatives through attrition. Since then, three members have been appointed to serve as District Representatives: Jill Rodby (D1), Samina Saude (D2) and former Commissioner Shingai Samudzi (D3). If we continue to appoint through attrition, the Planning SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Commission would have District Representatives appointed by October 2025, and staff recommends appointing members to District Seats on August 19th.

ANALYSIS:

Interviews and Appointments
Staff recommends providing a first-round opportunity to former Design Review Board members who are licensed architects to apply to serve on the newly consolidated Planning Commission. Staff recommends interviewing the four eligible former Design Review Board members and appointing three of them to serve on the Planning Commission as either the regular voting licensed architect or the two alternate member licensed architects until the end of October 2028.

Appoint Planning Commissions to Seats
With all of the changes being made to the Planning Commission, staff recommends seating all current members in a seat on the Commission so all district representative seats will be filled, all design professional seats will be filled, and all at-large seats will be filled.

Commissioner Jill Rodby has already been appointed District 1 representative.

Commissioner Aldo Mercado resides in District 2, and staff recommends the City Council appoint him to serve in the District 2 Representative seat.

Commissioner Jon Haveman resides in District 3, and staff recommends the City Council appoint him to serve in the District 3 Representative seat.

Commissioner Jonathan Previtali resides in District 4, and staff recommends the City Council appoint him to serve in the District 4 Representative seat.

Commissioner Samina Saude is currently appointed to a District 2 seat but is also a design professional.

Staff recommends modifying her appointment role to ‘design professional’.

After interviews and appointments, and the appointments to seats, there will be one vacancy to the atlarge seat on the Planning Commission due to the recent resignation of Commissioner Samudzi and will be filled at a future City Council meeting.

Next Steps and Other Vacancies
Staff will conduct a recruitment and schedule interviews to fill the vacant at-large seat on the Planning Commission.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3

1. Bylaws

2. Four Applications

3. Member Roster, as proposed
Planning Commission Bylaws

PLANNING COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Planning Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community.

Section 1.3. Committee Responsibility. The Commission’s authority is decisionmaking.

It shall be the function and duty of the planning commission to act as a decision-making body on matters including, but not limited to:
• Major subdivisions as delegated to the planning commission under Title 15 of this Code.
• Conditional use permits delegated to the planning commission. • Environmental and design review permits delegated to the planning commission. • Appeals made by a lower body and appealed to the planning commission. • Other matters including physical improvements, or environmental and design permits referred by the community development direction to the planning commission pursuant to powers and duties set forth in the Municipal Code.

It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General plan updates and amendments.
• Zoning text and zoning map amendments.
• Other land use matters requiring city council action.

It shall be the duty of the members of the planning commission to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, they may attend training and planning conferences and the reasonable traveling expenses incidental to the attendance shall be charged upon the funds allocated to the commission.

The planning commission shall provide professional design analysis, evaluation and judgment as to the appropriateness of development proposals for the use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards and findings of approval adopted by the city council.

Planning Commission Bylaws

The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of a total of nine (9) members. Seven (7) regular voting members and two (2) alternate members as follows:
- District 1 Representative
- District 2 Representative
- District 3 Representative
- District 4 Representative
- At-large Member
- At-large Member (Design Professional)
- At-large Member (Licensed Architect)
- At-large Alternate Member (Licensed Architect)
- At-large Alternate Member (Licensed Architect)
Section 2.2. Eligibility. The commission shall be composed of seven (7) regular voting members, comprised of one (1) commissioner from each of the city's four (4) city council electoral districts, and three (3) at-large commissioners.

Requirements for eligibility:

1. District representatives: Each district representative must reside in the district they represent.

2. At-large members: Must reside in city limits. At least one (1) at-large member shall be a licensed architect and at least one (1) at-large member shall be a design professional.
”Design professional” means an architect, engineer, landscape architect, building designer, urban designer, urban planner, or other similar design specialist. They may, but are not required to, be licensed or registered in their related field.

In addition, the commission shall include two (2) alternate members who shall be eligible to vote when serving in the absence of any of the commission’s regular voting members.

Both alternate members shall reside in city limits and be licensed architects.

Section 2.3. Term Limits. Members of the Committee shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Planning Commission Bylaws

Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.

Section 2.5. Compensation. Commissioners may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

Regularly scheduled Commission meetings shall be the second and fourth Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Commission. The Commission shall meet once per month and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Donald Blayney
Address / Dirección
City / Ciudad San Rafael
State / estado Calif.

ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este,
Peacock Gap
Other (please specify)Otros (especifique):

Q3
How long have you lived in San Rafael?
since 1994
Q4
Business Information
Company Donald L. Blayney & Associates
Address
City/Town San Rafael
ZIP/Postal Code 9901
#74

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, July 24, 2024 8:29:20 AM
Last Modified: Wednesday, July 24, 2024 9:00:40 AM
Time Spent: 00:31:19
IP Address: 24.6.235.121

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Council Agenda
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? see attached
Q19
List any civic organizations of which you are a member:
see attached
Q20
Education:

Cal Poly San Luis Obispo, 1976
Q21
Why are you interested in serving on a board or commission? see attached
Q22
Describe possible areas in which you may have a conflict of interest with the City:

None
Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Civic and Community Activities / Organizations
For your review and consideration I am applying for a position on the City of San Rafael Planning Commission. I feel that I will be able to bring a wealth of experience to this Commission with the following involvement that I have had living in San Rafael.

Special Qualification

1. I am a practicing registered Landscape Architect (LA#3370) with over 48 years of planning experience and city agencies collaboration experience.

2. I have a small Landscape Architect and Planning firm located here in San Rafael. Since 1990.

3. I have lived in or in close proximity to San Rafael since 1980, permanent residency since 1994.

4. I have been before the San Rafael Design Review, Planning Commission and the City Council numerous times as part of the project management of several projects located here in San Rafael.

5. I have an excellent understanding of the City’s process and dealing with the City Agencies.

6. Member of the Landscape Architects Technical Committee.

7. Member of the American Society of Landscape Architects Civic Activities

8. I was a member of the Andersen Drive Vision Committee and the Landscape Architect charged with the visual design of Andersen Drive and the Albert Park Palm Promenade.

9. I was a member of the North San Rafael Promenade Charette.

10. I was a member of the North San Rafael Vision In Action (VIA) Committee.

11. I was a member of the San Rafael 2020 General Plan Update Committee, -Quality of Community Life Task Group.

12. I Chaired the Design Committee for the Falkirk Cultural Center Master Plan.

13. Graduate of the San Rafael Citizen Police Academy, 2000.

14. Appointed member of the Canalfront Advisory Committee.

Community Activities

15. Member of the San Rafael City School District Technology Committee.

16. Member of the Glenwood Elementary School Foundation 1999 to 2009, Chairmen 2006 to 2009.

17. Vice President of the Peacock Gap HOA 1994 to 2003.

18. Architectural review chairman Peacock Gap HOA, 1994 to Present.

19. Past President of the Peacock Point HOA, 2005.

20. Prepared plans and Specification and coordinated the DSA submittal for the Glenwood Elementary School Shade Structure.

21. Prepared Master Plan for the Davidson Middle School Sports Fields.

22. Prepared New Entry planting plan and 8th grade plaza for Davidson Middle School.

23. Board member Peacock Point Homeowners association

24. Current sitting member of the San Rafael Design Review Board from January 2016 to Present.

With my passed experience in Civic and Community involvement above, I feel I will bring a wealth of experience to the Planning Commission and with my tenure of volunteerism for our City and working on and chairing committees I feel qualified for this position.

My reasons for Serving
To give back to my community and a desirer to help determine the direction of our City, a strong desirer to help better our community and to protect and preserve the City of Rafael as we move forward.

I very much look forward to one day joining the team.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Jeff Kent
Address / Dirección
City / Ciudad San Rafael
State / estado Ca
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
30 years
Q4
Business Information
Company Retired
Q5
How did you hear about this vacant position?
Other (please specify):

City staff
#71

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, July 10, 2024 10:30:58 AM
Last Modified: Wednesday, July 10, 2024 11:17:28 AM
Time Spent: 00:46:29
IP Address: 174.195.86.143

Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Design Review Board
Formally Public Art Commission
Volunteer for Street Painting Festival
Q19
List any civic organizations of which you are a member:

Marin Agricultural Land Trust
DBCNA-neighborhood association
Q20
Education:

UC Berkeley, Post Graduate Certificate in Landscape Architecture Oregon State University, MS Horticulture/ Plant Pathology UW-River Falls, BS Horticulture/Soil Science
Q21
Why are you interested in serving on a board or commission? After 23 years of serving on the Design Review Board, I still have a strong interest in participating in the design and planning process in San Rafael.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

None

Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.

Respondent skipped this question
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Sharon Kovalsky Address / Dirección
City / Ciudad San Rafael
State / estado California
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
11 years
Q4
Business Information
Company AplosGroup Architects
Address
City/Town San Rafael
ZIP/Postal Code 94903
#69

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, July 09, 2024 11:00:02 AM
Last Modified: Tuesday, July 09, 2024 11:11:40 AM
Time Spent: 00:11:38
IP Address: 73.189.247.159

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):

Lindsay Lara asked me to apply
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Public Art Review Board, Design Review Board
Q19
List any civic organizations of which you are a member:

Marin Women at work
Linked in Marin
American Institute of Architects
Q20
Education:

BS Architecture, 1982, University of Michigan
M. Architecture, 1984, University of Michigan
M. Urban Planning, 1984, University of Michigan
Q21
Why are you interested in serving on a board or commission? I want to give back and help San Rafael build well
Q22
Describe possible areas in which you may have a conflict of interest with the City:
if existing/past clients come before the board, I would recuse myself.

Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.
2024%20Sharon%20Kovalsky%20Resume.pdf (116.5KB)
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

A P L O S G R O U P A R C H I T E C T U R E
Principal Architect at Aplos Group -
Architecture
San Rafael, California
Experience
Principal Architect - Aplos Group Architects, San Rafael, CA 2013-present After 30 years of design and architecture experience, I've honed my focus on creating beautiful, functional spaces I'd love to both live and work in.

My aesthetic focuses on respecting the natural environment and incorporating its beauty and simplicity into my work, always keeping my clients' needs front and center.

As a specialist in green design and Mid-Century Modern architecture, I understand the design opportunities and challenges they offer, and I work with other area specialists to source authentic, efficient, and affordable materials that respect the integrity of these architectural jewels and protect our environment.

Currently in Construction:
• 1200 sf addition to family compound in San Rafael (Marin County Jurisdiction) • 800 sf addition to Marinwood home
• Eichler whole house remodel/restore, San Rafael
Construction completed in recent years
• House Remodel, San Rafael
• ADU, Santa Rosa
• House remodel and addition, San Rafael
• 2 new home fire rebuilds, Santa Rosa (Sonoma County Jurisdiction) • Home design showroom, retail storefront, Santa Rosa
Principal Architect - Sharon Kovalsky Architects, New York City, 1992-2013 Working in the built environment of New York City. Condo renovations, apartment renovations. New homes, remodels, and renovations.

Education: University of Michigan
B. Science - 1982 - Master of Architecture – 1984 – Master of Urban Planning - 1984 Licenses & Certifications
Licensed Architect States of California and New York,
Member in good standing, American Institute of Architects

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Stewart Summers Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
56 Q4
Business Information
Company SKS Architects
Address
City/Town San Rafael
ZIP/Postal Code 94901
#70

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, July 09, 2024 11:28:30 AM
Last Modified: Tuesday, July 09, 2024 11:49:32 AM
Time Spent: 00:21:02
IP Address: 181.214.153.129

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Council Agenda,
Other (please specify):
as current DRB Member
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? I have been an active City of San Rafael DRB member for many years (+/- 18) Q19
List any civic organizations of which you are a member:

City of San Rafael DRB
Q20
Education:

B.A. Architecture
U.C. Berkeley
Q21
Why are you interested in serving on a board or commission? I was born and raised in San Rafael. I feel it is my duty and owe this town my expertise on how the city evolves and it's relationship with the build environment. I love San Rafael. I have raised my own family here at the same schools etc. I have established my business here. This is my home and will be for the rest of my days. I want to contribute.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

N/A

Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.

Stewart%20K%20Summers%20Resume.pdf (573.1KB)
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

Stewart K. Summers, Architect ___
Stewart K. Summers has over 30 years of experience in the Architectural field. During that time, Stewart has worked on diverse projects that include Custom Residential, Subdivisions, Additions and Alterations, Commercial Office, Restaurant and Religious Assembly. This wide range of experience has allowed him to become well versed in managing projects of all types and obtain technical proficiency required for a variety of project types. Stewart’s skills extend to an extensive understanding of the entitlement process and dealing with local government agencies to secure project approvals.

Stewart has received certifications from Built it Green as Certified Green Building Professional and Certified Green Rater and currently serves as a member of the City of San Rafael’s Design Review Board.

Professional Experience
2007 – Present: Principal Architect
SKS Architects, San Rafael, California
• Principal Architect and Project Manager on a variety of projects ranging from Commercial to Custom & Spec
Residences, Remodels and with the associated
coordination of Consultants, Jurisdictional Entitlement Processes, preparation of Construction Documents and
Construction Management.
1995 – 2007: Licensed Architect, Project Manager, Cad Manager Urban Dynamics Inc. dba G. Thomas Telfer, Architect,
Novato, California
• Project Architect and or Project Manager on a variety of projects ranging from Commercial to Custom & Spec
Residences, Remodels, Additions and Multi-Family
along with the associated coordination of Consultants,
Jurisdictional Entitlement Processes, preparation of
Construction Documents and Construction
Management.
1989 – 1995: Project Manager, Cad Manager, Draftsman
Urban Dynamics Inc., a California Corporation, dba Telfer– Chiesa–Dunham & Johnson, Architecture & Engineering,
Novato, California
• Project Manager on a various projects ranging from
Commercial to Residential. Managing and Training of
Staff in the utilization of AutoCAD as the primary
design and drafting tool for the firm. Cad Drafting on
various projects
1983 – 1989: CAD Draftsman
Craiker Associates, Inc., San Rafael, California
• Autocad Drafting of Design and Construction
Documents on various projects, commercial and
residential.

Education & Certificates
1995-present: Licensed as Architect in State of California #C25816 Acquired required Equitable Practical Years of Experience by College Education credits and work experience to qualify for State of California Architectural Licensing
1985 – 1989: Bachelor of Arts, Architecture
University of California, Berkeley CA
2008-present: Certified Green Building Professional
Acquired certification as green building consultant through Build It Green (non-profit in Berkeley, CA focusing on healthy and energy/resource efficient homes for California)
Professional and Community Affiliations
Board Member, City of San Rafael Design Review Board, term 2007-present Build it Green Certified Green Building Professional, 2007 Eagle Scout, Troop 101, San Rafael, CA - 1984
Planning Commission
Proposed Member Roster
City of San Rafael
Name Term Term Limit
Jill Rodby
District 1 Rep
04/2023 through 10/2025 1/3
Aldo Mercado
District 2 Rep
08/2022 through 10/2026 2/3
Jon Haveman
District 3 Rep
08/2022 through 10/2026 1/3
Jon Previtali
District 4 Rep
07/2021 through 10/2025 1/3
Samina Saude
Design Professional
10/2023 through 10/2027 2/3
Vacant
Licensed Architect
08/2024 through 10/2028 1/3
Vacant
At-large
10/2024 through 10/2028 1/3
Vacant
Alternate Member
Licensed Architect
08/2024 through 10/2028 1/3
Vacant
Alternate Member
Licensed Architect
08/2024 through 10/2028 1/3
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.a
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio, Finance Director City Manager Approval: _________ TOPIC: CITY QUARTERLY INVESTMENT REPORT
SUBJECT: ACCEPTANCE OF CITY OF SAN RAFAEL QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 30, 2024
RECOMMENDATION:

Accept the investment report for the quarter ending June 30, 2024, as presented.

BACKGROUND:

Under the State of California Government Code Section 53601 and the City’s investment policy, last approved by the City Council on June 17, 2024, staff provides the City Council with a quarterly report on the City's investment activities and liquidity. The report includes the cost of each investment, the interest rates (yield), maturity dates, and market value. Separate reports are prepared for the City and the Successor Agency to the San Rafael Redevelopment Agency.

The City invests some of its pooled funds in the Local Agency Investment Fund (LAIF), a State-run investment pool. Beginning in March 2014, the City incorporated an investment strategy that added purchases of securities outside of LAIF with the assistance of an investment advisor. The City’s current investment advisor is Chandler Asset Management.

ANALYSIS:

As of June 30, 2024, the City’s Treasury consisted of investments with a total market value of $107,899,447 consisting of $59,849,234 in the City’s primary Local Agency Investment Fund (LAIF) account and $48,050,214 in externally managed investments (which includes $986,700 of Pt. San Pedro Assessment District bonds). An additional $14,689,101 represents cash balances in the City’s various operating bank accounts, including Westamerica Bank ($13,908,965), Bank of the Marin ($446,262), and Bank of Montreal ($333,874).

As of June 30, 2024, the weighted-average yield on the portfolio was 4.38% which results from an effective yield of 4.52% for the City’s investments in the Local Agency Investment Fund and a yield of

4.20% for the externally managed investments. The overall return on the total portfolio for the quarter ending June 30, 2024, was 5.02%, with a weighted average maturity of 0.96 years, and compares favorably to the benchmark (1-3 Year Treasury Index) of 4.81%. This favorable variance is due to the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
improved interest rate environment over the past year, as new higher-yield investments are being made, replacing lower-yield investments, primarily upon maturity.

The City’s investment portfolio maintains strong diversification and is experiencing growth in interest income due to higher market rates. All investments comply with the City’s investment policy and California Government Code.

Economic Outlook:

At their June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher long-term neutral rate.

The City will continue to watch market trends and refine its investment strategy, as appropriate, to improve the investment portfolio’s performance while ensuring its primary goals of preservation of principal, liquidity, and yield.

The attachments include:

1. Quarterly Investment Portfolio Report

2. Historical Activity by Quarter summarizing the City’s investments

3. The City’s Investment Report from Chandler Asset Management for the period ending June 30, 2024, which includes a listing of all holdings and transaction activity details for the reporting period FISCAL IMPACT:

No financial impact occurs by adopting the report. The City continues to meet the priority investment principles - safety, liquidity, yield, and diversification. The portfolio is still conservatively invested, and sufficient liquidity exists to meet daily operating and capital project requirements for the next six months.

As defined for this report, operating funds exclude cash held with fiscal agents to pay bond principal and interest.

RECOMMENDED ACTION:

Accept the investment report for the quarter ending June 30, 2024, as presented. Microsoft Teams ATTACHMENTS:

Attachments:

1. Attachment 1: Quarterly Investment Portfolio Report

2. Attachment 2: Historical Activity by Quarter Report

3. Attachment 3: Chandler Asset Management – Investment Report: Period Ending June 30, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
I CERTIFY THAT ALL INVESTMENTS MADE ARE IN CONFORMANCE WITH THE CITY’S APPROVED INVESTMENT POLICY AND STATE INVESTMENT REGULATIONS. THE CITY HAS SUFFICIENT

LIQUIDITY TO MEET ALL OF THE OBLIGATIONS REQUIRED DURING THE NEXT SIX-MONTH PERIOD.

Paul Navazio
Finance Director
% Yield
LAIF $ 59,849,234 100.0% 4.52%
Total Internally Managed $ 59,849,234 55.8%
Weighted Average Yield 4.52%
Days
Effective Average Duration - Internal 1
Weighted Average Maturity - Internal 1
% Yield
Money Market Fund $ 59,761 0.1% 4.89%
Treasury Securities $ 16,576,763 35.0% 3.40%
Instrumentality Securities $ 7,976,068 16.8% 4.22%
Corporate Notes $ 11,494,546 24.2% 4.77%
Asset-Backed $ 5,524,308 11.6% 4.85%
Cash (Receivable) $ 38,820 0.1% 0.00%
Commercial Paper $ 727,857 1.5% 5.43%
CMO $ 3,737,626 7.9% 4.44%
Supranational $ 305,116 0.6% 4.53%
Pt. San Pedro Assessment District $ 986,700 2.1% 5.25%
Total Externally Managed $ 47,427,565 44.2%
Weighted Average Yield 4.20%
Years
Effective Average Duration - External 1.83
Weighted Average Maturity - External 2.20
Total Portfolio Assets % Yield
LAIF $ 59,849,234 55.8% 4.52%
Money Market Fund $ 59,761 0.1% 4.89%
Treasury Securities $ 16,576,763 15.5% 3.40%
Instrumentality Securities $ 7,976,068 7.4% 4.22%
Corporate Notes $ 11,494,546 10.7% 4.77%
Asset-Backed $ 5,524,308 5.1% 4.85%
Cash (Receivable) $ 38,820 0.0% 0.00%
Commercial Paper $ 727,857 0.7% 5.43%
CMO $ 3,737,626 3.5% 4.44%
Supranational $ 305,116 0.3% 4.53%
Pt. San Pedro Assessment District $ 986,700 0.9% 5.25%
Total Portfolio Assets $ 107,276,799 100.0%
Weighted Average Yield 4.38%
Years
Effective Average Duration - Total 0.79
Weighted Average Maturity - Total 0.96
Based on Market Values
June 30, 2024
City of San Rafael
Quarterly Investment Portfolio Report
Externally Managed Assets
Internally Managed Assets
LAIF
100%
Money Market
Fund

0.1%
Treasury
Securities

35.0%
Instrumentality
Securities

16.8%
Corporate Notes

24.2%
Asset-Backed

11.6%
Cash
(Receivable)

0.1%
Commercial
Paper

1.5% CMO

7.9%
Supranational

0.6% Pt. San Pedro
Assessment
District

2.1%
LAIF

55.8%
Money Market
Fund

0.1%
Treasury
Securities

15.5%
Instrumentality
Securities

7.4%
Corporate
Notes

10.7%
Asset-Backed

5.1%
Cash
(Receivable)

0.0%
Commercial
Paper

0.7%
CMO

3.5%
Supranational

0.3%
Pt. San Pedro
Assessment
District

0.9%
Attachment 1
Internally Managed Assets % Return % Return % Return % Return LAIF $ 59,849,234 100.0% 4.52% 53,463,594 $ 100.0% 4.27% 53,749,175 $ 100.0% 3.95% 51,292,954 $ 100.0% 3.61% Total Internally Managed $ 59,849,234 55.8% $ 53,463,594 52.9% $ 53,749,175 53.5% $ 51,292,954 52.9% Weighted Average Yield 4.52% 4.27% 3.95% 3.61%
Externally Managed Assets % Return % Return % Return % Return Cash $ 38,820 0.1% 0.00% $ 608,112 0.0% 0.00% $ 144,864 0.3% 4.95% $ 74,981 0.2% 4.95% Commercial Paper $ 727,857 1.5% 5.43% $ - 0.0% 0.00% $ - 0.0% 0.00% $ - 0.0% 0.00% Money Market Fund $ 59,761 0.1% 4.89% 287,457 $ 0.6% 4.89% $ 0.0% 0.00% - $ 0.0% 0.00% - Treasury Securities $ 16,576,763 34.5% 3.40% 13,932,479 $ 29.3% 2.79% 14,202,153 $ 31.1% 2.62% 14,031,449 $ 30.8% 2.14% Instrumentality Securities $ 7,976,068 16.6% 4.22% 12,165,418 $ 25.6% 2.91% 12,158,514 $ 26.7% 2.92% 11,497,923 $ 25.2% 2.86% Corporate Notes $ 11,494,546 23.9% 4.77% 10,855,380 $ 22.8% 4.45% 10,338,726 $ 22.7% 3.79% 11,108,352 $ 24.3% 3.48% Asset Backed $ 5,524,308 11.5% 4.85% 5,253,902 $ 11.0% 4.82% 4,980,172 $ 10.9% 5.03% 4,112,279 $ 9.0% 4.97% Negotiable CD $ 0.0% 0.00% - $ 0.0% 0.00% 374,910 - $ 0.8% 5.34% 374,472 $ 0.8% 5.34% Collateralized Mortgage Obligations (CMO) $ 3,737,626 7.8% 4.44% 3,212,043 $ 6.7% 4.36% 3,232,602 $ 7.1% 4.57% 3,135,264 $ 6.9% 4.57% Supranational $ 305,116 0.6% 4.53% 306,643 $ 0.6% 4.53% 311,379 $ 0.7% 4.53% 301,398 $ 0.7% 4.53% Municipal/Assessment District $ 986,700 2.1% 5.25% 986,700 $ 2.1% 5.25% 986,700 $ 2.2% 5.25% 986,700 $ 2.2% 5.25% Total Externally Managed $ 47,427,565 44.2% $ 47,608,135 47.1% $ 46,730,020 46.5% $ 45,622,818 47.1% Weighted Average Yield 4.20% 3.57% 3.53% 3.18%
Years Years Years Years
Effective Average Duration - External 1.83 1.71 1.71 1.63 Weighted Average Maturity - External 2.20 2.13 2.13 1.92 Total Portfolio Assets % Return % Return % Return % Return LAIF $ 59,849,234 55.8% 4.52% 53,463,594 $ 55.2% 4.27% 53,749,175 $ 53.5% 3.95% 51,292,954 $ 52.9% 3.61% Cash $ 38,820 0.0% 0.00% 608,112 $ 0.6% 0.00% 144,864 $ 0.1% 4.95% 74,981 $ 0.1% 4.95% Commercial Paper $ 727,857 0.7% 5.43% $ 0.0% 0.00% - $ 0.0% 0.00% - $ 0.0% 0.00% - Money Market Fund $ 59,761 0.1% 4.89% 287,457 $ 0.3% 4.89% $ 0.0% 0.00% - $ 0.0% 0.00% - Treasury Securities $ 16,576,763 15.5% 3.40% 13,932,479 $ 14.4% 2.79% 14,202,153 $ 14.1% 2.62% 14,031,449 $ 14.5% 2.14% Instrumentality Securities $ 7,976,068 7.4% 4.22% 12,165,418 $ 12.6% 2.91% 12,158,514 $ 12.1% 2.92% 11,497,923 $ 11.9% 2.86% Corporate Notes $ 11,494,546 10.7% 4.77% 10,855,380 $ 11.2% 4.45% 10,338,726 $ 10.3% 3.79% 11,108,352 $ 11.5% 3.48% Asset Backed $ 5,524,308 5.1% 4.85% 5,253,902 $ 5.4% 4.82% 4,980,172 $ 5.0% 5.03% 4,112,279 $ 4.2% 4.97% Negotiable CD $ 0.0% 0.00% - $ 0.0% 0.00% 374,910 - $ 0.4% 5.34% 374,472 $ 0.4% 5.34% Collateralized Mortgage Obligations (CMO) $ 3,737,626 3.5% 4.44% 3,212,043 $ 3.3% 4.36% 3,232,602 $ 3.2% 4.57% 3,135,264 $ 3.2% 4.57% Supranational $ 305,116 0.3% 4.53% 306,643 $ 0.3% 4.53% 311,379 $ 0.3% 4.53% 301,398 $ 0.3% 4.53% Municipal/Assessment District $ 986,700 0.9% 5.25% 986,700 $ 1.0% 5.25% 986,700 $ 1.0% 5.25% 986,700 $ 1.0% 5.25% Total Portfolio Assets $ 107,276,798 100.0% $ 101,071,729 104% $ 100,479,195 100.0% $ 96,915,772 100% Weighted Average Yield 4.38% 3.94% 3.72% 3.41%
Years Years Years Years
Effective Average Duration - Total 0.79 0.81 0.79 0.81
Weighted Average Maturity - Total 0.96 0.99 0.98 0.99
City of San Rafael
Historical Activity-By Quarter
June 30, 2024 March 31, 2024 December 31, 2023 September 30, 2023 Attachment 2

INVESTMENT REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Attachment 3ment 3
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TABLE OF CONTENTS
City of San Rafael | Account #11045 | As of June 30, 2024

ECONOMIC UPDATE

ACCOUNT PROFILE

CONSOLIDATED INFORMATION

PORTFOLIO HOLDINGS

TRANSACTIONS
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ECONOMIC UPDATE
2 , ,,a CHANDLER " '-- ASSET MANAGEMENT
Economic Update
▪
▪
▪
Recent economic data suggests positive but slower growth this year fueled by consumer spending. While the consumer has been resilient, growing credit card debt, higher delinquencies, and a moderating labor market pose potential headwinds to future economic growth.

Inflationary trends are subsiding, but core levels remain above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will loosen monetary policy in 2024.

As expected at the June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher longterm neutral rate. Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month.

The US Treasury yield curve shifted lower in June as economic data moderated. The 2-year Treasury yield fell 12 basis points to 4.76%, the 5-year Treasury dropped 13 basis points to 4.38%, and the 10-year Treasury yield declined 10 basis points to 4.40%. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-end versus -37 basis points at May month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was -106 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May. 3 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
Employment
-400
-200
0 200
400
600
800
1,000
MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added 206,000 jobs in June, remaining ahead of consensus expectations of 190,000 jobs. The gains were broad based, with government, health care, and social assistance posting the largest gains. The three-month moving average and six-month moving average payrolls have weakened from the first quarter to 177,000 and 222,000 respectively. The unemployment rate edged up to 4.1% in June, and the labor participation rate inched up to 62.6%, remaining below the pre-pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons held steady at

7.4%. Average hourly earnings rose 3.9% year-over-year in June, down from 4.1% year-over-year in May. The labor markets continue to show signs of cooling in line with the Federal Reserve’s view that there has been “substantial” progress towards better balance in the labor market between demand and supply for workers.

Source: US Department of Labor Source: US Department of Labor 4 I
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Job Openings & Labor Turnover Survey
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) increased to 8.140 million job openings in May from a downwardly revised 7.919 million in April. Job openings still represent a healthy ratio of around 1.2 jobs for each unemployed individual.

While the current level of job openings remains elevated from a historical perspective, the trend is decelerating.

Source: US Department of Labor
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Inflation

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YOY (%) Change
In June, the Consumer Price Index (CPI) declined 0.1% month-over-month and rose 3.0% year-over-year, reflecting broad-based cost reductions. The month-over-month drop was the first deflationary data point since the pandemic. The Core CPI, which excludes volatile food and energy components, was up just 0.1% month-over-month and 3.3% year-over-year in June, down from 3.4% in May and lower than expected. The Personal Consumption Expenditures (PCE) Index decelerated in May as expected. The headline PCE deflator was unchanged in May from April versus up 0.3% in the prior month. Year-over-year, the PCE deflator rose 2.6%. The Core PCE deflator (the Fed’s preferred gauge) increased 0.1% in May from the prior month versus up 0.3% in April. The Core PCE deflator also rose 2.6% yearover-year, still above the Fed’s 2% inflation target. Much of the lingering inflation has been driven by shelter costs and demand for services.

Source: US Department of Labor Source: US Department of Commerce 6 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
Consumer
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
May Retail Sales increased below expectations to +0.1% after a downwardly revised -0.2%, pointing to a fatigued consumer. On a yearover-year basis, Retail Sales growth further slowed to +2.3% in May. Nonstore retailers were a bright spot in May, up 0.8% following a

1.8% decline in April. The Conference Board’s Consumer Confidence Index fell to 100.4 in June from 101.3 in May. While the present situation component rose marginally, consumers are less optimistic about future expectations for business conditions and potential income increases. While the consumer has been resilient, consumption has begun to moderate in the face of higher interest rates, rising credit card balances, and growing delinquencies.
0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09) 7 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
Leading Indicators of Economic Activity
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) declined for the third consecutive month to -0.5% in May following a -0.6% decline in April. The index declined 5.3% year-over-year. The primary drivers for the negative print were a decline in new orders, weak consumer sentiment about future business conditions, and lower building permits. The Chicago Fed National Activity Index (CFNAI) increased to 0.18 in May from -0.26 in April, surpassing consensus expectations. However, the three-month moving average fell to -0.09 in May from -0.05 in April, indicating below-trend growth expectations for the economy.

Source: The Conference Board Source: Federal Reserve Bank of Chicago 8 ■
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Housing
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
May Housing Starts declined 5.5% month-over-month from April to 1.352 million units. This equates to -19.3% less starts compared to May 2023. Single family starts were 5.2% lower month-over-month due to higher mortgage interest rates, lack of existing unit supply and home affordability. Multi-family home starts declined 10.3% month-over-month. The Freddie Mac average rate for a 30-year fixed mortgage edged down to 6.92% in June from 7.06% in May. According to the Case-Shiller 20-City Home Price Index, housing prices rose a higher-than-expected 7.2% year-over-year in April versus March's upwardly revised 7.5% increase. Tight inventories and higher mortgage rates continue to impact affordability.

Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change
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Survey Based Measures
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
The Institute for Supply Management (ISM) Manufacturing index edged down to 48.5 in June from 48.7 in May. While new orders picked up, prices paid for materials fell the most in over a year. The ISM Services Index returned to contraction declining to 48.8 in June, from

53.8 in the previous month. Although the level of the decline was a surprise, the trend in the Services PMI, which applies to a larger share of US economic output, has been steadily decreasing.

Source: Institute for Supply Management
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Gross Domestic Product (GDP)
Components of GDP 6/23 9/23 12/23 3/24

0.6% 2.1% 2.2% 1.0%

0.9% 1.7% 0.2% 0.8%

0.0% 0.0% 0.3% -0.7%

0.1% 0.5% 0.2% 0.0%

0.5% 0.5% 0.6% 0.3%

2.1% 4.9% 3.4% 1.4%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce The third and final estimate of first quarter GDP came in as expected with growth up 1.4%, a small upward revision from 1.3% in the second estimate. Notably, the personal consumption expenditures component was revised down substantially to +1.5% in the final estimate from +2.0% in the second estimate. Weaker growth in consumer spending was offset by upward revisions in other major categories, particularly gross fixed investment. The consensus projection calls for 2.0% growth in the second quarter and 2.3% growth for the full year 2024.
11 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
Federal Reserve
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
As expected at the June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher longterm neutral rate. The Fed’s inflation projections ticked up marginally, while unemployment and GDP growth forecasts remained steady.

Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month. Since the Fed began its Quantitative Tightening campaign in June 2022, securities holdings have declined by approximately $1.7T to approximately $7.3T.

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 ■
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■
Bond Yields
Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Yield Curve
Jun-24
Mar-24
Jun-23
Yield (%)
At the end of June, the 2-year Treasury yield was 15 basis points lower, and the 10-Year Treasury yield was 56 basis points higher, yearover-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-end versus -37 basis points at May month-end. The inversion has occurred since July 2022 and remains historically long. The average historical spread (since 2003) is about +130 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May.
13 .. , . .. . ...... ~ .
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--- I
----------------i.__·_· _··_·_· ___ _.r

ACCOUNT PROFILE
14 , ,,a CHANDLER " '-- ASSET MANAGEMENT

OBJECTIVES
City of San Rafael | Account #11045 | As of June 30, 2024 Safety of principal is the foremost objective of the investment program. The investment portfolio shall remain sufficiently liquid to meet all requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs.

The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index.

In order to achieve this objective, the portfolio invests in high-quality fixed income securities that comply with the investment policy and all regulations governing the funds. 15 Investment Objectives
Chandler Asset Management Performance Objective
Strategy
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STATEMENT OF COMPLIANCE
San Rafael Cons | Account #11047 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV; ABS, CMO, & MBS) 20.0 8.7 Compliant
Max Maturity (Years) 5.0 5.0 Compliant
Min Rating (AA- by 1; A- Issuer by 1) 0.0 0.0 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV; ABS, CMO & MBS) 20.0 8.7 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1; A- Issuer by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max Amount Issuer (MV) 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant

COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV; CDs & NCDs) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.7 Compliant
Max % Issuer (MV) 5.0 0.7 Compliant
Max Maturity (Days) 270 200 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 10.8 Compliant
Max % Issuer (MV) 5.0 0.7 Compliant
Max Maturity (Years) 5 4 Compliant
16 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

STATEMENT OF COMPLIANCE
San Rafael Cons | Account #11047 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV; CDs & NCDs) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant

FEDERAL AGENCIES
Max % (MV) 100.0 7.5 Compliant
Max Maturity (Years) 5 3 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 59.8 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 10.0 0.1 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1; A- Issuer by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max Maturity (Years) 5 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV; CDs & NCDs) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 or A- by 1) 0.0 0.0 Compliant

REPURCHASE AGREEMENTS
Max Maturity (Years) 1.0 0.0 Compliant

SRI PROHIBITED INVESTMENTS
Prohibited Investments - Energy 0.0 1 Not
Compliant
Inherited Security: Chevron; Purchased by prior manager 17 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

STATEMENT OF COMPLIANCE
San Rafael Cons | Account #11047 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes

SUPRANATIONAL OBLIGATIONS
Max % (MV) 15.0 0.3 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 15.5 Compliant
Max Maturity (Years) 5 4 Compliant
18 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

PORTFOLIO CHARACTERISTICS
City of San Rafael | Account #11045 | As of June 30, 2024 Benchmark* 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 1.84 2.20 2.11
Average Modified Duration 1.75 1.83 2.09
Average Purchase Yield 4.17% 3.57%
Average Market Yield 4.81% 5.02% 4.97%
Average Quality** AA+ AA AA
Total Market Value 46,777,101 46,326,789
*Benchmark: ICE BofA 1-3 Year US Treasury & Agency Index **The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 19 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

SECTOR DISTRIBUTION
City of San Rafael | Account #11045 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 35.7% 30.2%
Corporate 24.8% 23.6%
Agency 17.2% 26.4%
ABS 11.9% 11.4%
Agency CMBS 8.0% 7.0%
Comm Paper 1.6% --
Supras 0.7% 0.7%
Money Mkt Fd 0.1% 0.6%
Cash 0.1% 0.1%
20 50%
25%
0% US Treasury Corporate Agency ABS Agency CMBS
■ 06/30/2024 ■ 03/31/2024
Comm Paper Supras
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Money Mkt Fd Cash

ISSUERS
City of San Rafael | Account #11045 | As of June 30, 2024 Issuer Investment Type % Portfolio
United States US Treasury 35.69%
Federal Home Loan Banks Agency 12.21%
FHLMC Agency CMBS 8.05%
Farm Credit System Agency 3.35%
American Express Credit Master Trust ABS 2.33%
John Deere Owner Trust ABS 1.89%
JPMorgan Chase & Co. Corporate 1.69%
FNMA Agency 1.61%
Bank of America Credit Card Trust ABS 1.59%
Mitsubishi UFJ Financial Group, Inc. Comm Paper 1.57%
Chevron Corporation Corporate 1.46%
Toyota Auto Receivables Owner Trust ABS 1.39%
Honda Auto Receivables Owner Trust ABS 1.34%
Bank of Montreal Corporate 1.29%
The Home Depot, Inc. Corporate 1.29%
PACCAR Inc Corporate 1.28%
Bank of America Corporation Corporate 1.25%
The Toronto-Dominion Bank Corporate 1.24%
Toyota Motor Corporation Corporate 1.24%
Caterpillar Inc. Corporate 1.19%
Cisco Systems, Inc. Corporate 1.18%
National Rural Utilities Cooperative Corporate 1.18%
Royal Bank of Canada Corporate 1.18%
NextEra Energy, Inc. Corporate 1.17%
Prologis, Inc. Corporate 1.14%
State Street Corporation Corporate 1.13%
Deere & Company Corporate 1.07%
Chase Issuance Trust ABS 1.07%
21 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

ISSUERS
City of San Rafael | Account #11045 | As of June 30, 2024 Issuer Investment Type % Portfolio
Chubb Limited Corporate 1.04%
Realty Income Corporation Corporate 1.02%
Morgan Stanley Corporate 1.02%
BMW Vehicle Lease Trust ABS 0.82%
BNY Mellon Corp Corporate 0.75%
Public Service Enterprise Group Inco Corporate 0.69%
International Finance Corporation Supras 0.66%
BMW Vehicle Owner Trust ABS 0.65%
MERCEDES-BENZ AUTO RECEIVABLES TRUST ABS 0.56%
Merck & Co., Inc. Corporate 0.27%
Mercedes-Benz Auto Lease Trust ABS 0.26%
U.S. Bancorp Money Mkt Fd 0.13%
Cash Cash 0.08%
TOTAL 100.00%
22 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

QUALITY DISTRIBUTION
Rating 03/31/2024 06/30/2024
AAA 8.5% 8.2%
AA 65.2% 62.5%
A 21.0% 22.2%
NR 5.3% 7.1%
Rating 03/31/2024 06/30/2024
AAA 72.7% 71.6%
AA 1.5% 1.5%
A 21.0% 23.4%
NR 4.7% 3.6%
Rating 03/31/2024 06/30/2024
AAA 15.1% 15.8%
AA 66.8% 63.0%
A 7.9% 9.2%
NR 10.2% 12.0%
City of San Rafael | Account #11045 | As of June 30, 2024 S&P Rating Moody’s Rating Fitch Rating
23 75% 100%
75%
50%
50%
25%
25%
0% AAA AA A NR 0% AAA AA
■ 03/31/2024 ■ 06/30/2024 ■ 03/31/2024
75%
50%
25%
A NR 0%
■ 06/30/2024
AAA
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AA A NR
■ 03/31/2024 ■ 06/30/2024

DURATION DISTRIBUTION
City of San Rafael | Account #11045 | As of June 30, 2024 Date 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
06/30/2024 6.1% 4.4% 11.7% 33.5% 30.5% 13.4% 0.4% 0.0% 0.0% 03/31/2024 14.5% 6.4% 8.1% 26.7% 25.8% 16.4% 1.1% 0.0% 0.0% 24 40%
30%
20%
10%
0% 0-.25 .25-.5 .5-1 1-2
■ 06/30/2024
2-3 3-4 4-5
■ 04/01/2024
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5-7 7+
3 Months 12 Months 2 Years 3 Years 5 Years 10 Years Since Inception

TOTAL RATE OF RETURN
City of San Rafael 1.00% 5.01% 4.23%
Benchmark 0.94% 4.54% 3.41%
*Periods over 1 year are annualized.

Benchmark: ICE BofA 1-3 Year US Treasury & Agency Index Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending market value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.

INVESTMENT PERFORMANCE
City of San Rafael | Account #11045 | As of June 30, 2024 Total Rate of Return : Inception | 02/01/2023

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
3 months 12 months 2 years 3 years 5 years 10 years Since Inception City of San Rafael Benchmark
25 ■ ■
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PORTFOLIO CHARACTERISTICS
San Rafael Reporting | Account #11046 | As of June 30, 2024 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 0.00 0.00
Average Modified Duration 0.00 0.00
Average Purchase Yield 4.51% 4.27%
Average Market Yield 4.51% 4.27%
Average Quality** AAA AAA
Total Market Value 60,471,882 54,823,945
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 26 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

SECTOR DISTRIBUTION
San Rafael Reporting | Account #11046 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
LAIF 99.0% 99.0%
Cash 1.0% 1.0%
27 ■ 06/30/2024 ■ 03/31/2024
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CONSOLIDATED INFORMATION
28 , ,,a CHANDLER " '-- ASSET MANAGEMENT

PORTFOLIO CHARACTERISTICS
San Rafael Cons | Account #11047 | As of June 30, 2024
6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 0.96 0.96
Average Modified Duration 0.79 0.84
Average Purchase Yield 4.37% 3.95%
Average Market Yield 4.73% 4.59%
Average Quality** AA AA
Total Market Value 107,248,983 101,150,734
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 29 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

SECTOR DISTRIBUTION
San Rafael Cons | Account #11047 | As of June 30, 2024
Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
LAIF 56.0% 53.8%
US Treasury 15.5% 13.8%
Corporate 10.8% 10.8%
Agency 7.5% 12.1%
ABS 5.2% 5.2%
Agency CMBS 3.5% 3.2%
Comm Paper 0.7% --
Cash 0.6% 0.6%
Supras 0.3% 0.3%
Money Mkt Fd 0.1% 0.3%
30 75%
50%
25%
0% LAIF US Treasury Corporate Agency ABS
■ 06/30/2024
Agency CMBS Comm Paper Cash
■ 03/31/2024
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Supras Money Mkt Fd

PORTFOLIO HOLDINGS
31 , ,,a CHANDLER " '-- ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
05593AAC3 BMWLT 2023-1 A3 5.16 11/25/2025 383,148.45 -- 383,805.21 99.81 382,433.76 0.82% Aaa/AAA 1.41

5.32% 383,348.47 5.69% 329.51 (914.71) NA 0.42
43815JAC7 HAROT 2023-1 A3 5.04 04/21/2027 120,000.00 02/16/2023 119,977.70 99.58 119,498.56 0.26% Aaa/NA 2.81

5.09% 119,984.95 5.40% 168.00 (486.39) AAA 1.44
02582JJT8 AMXCA 2022-2 A 05/17/2027 600,000.00 04/17/2023 585,632.81 98.21 589,260.00 1.27% NA/AAA 0.87

4.65% 591,827.04 5.54% 904.00 (2,567.04) AAA 0.92
58768PAC8 MBART 2022-1 A3 5.21 08/16/2027 260,000.00 02/15/2023 261,340.63 99.81 259,500.18 0.56% Aaa/AAA 3.13

5.03% 260,827.37 5.43% 602.04 (1,327.20) NA 1.28
89239HAD0 TAOT 2022-D A3 5.3 09/15/2027 350,000.00 02/10/2023 354,128.91 99.85 349,470.38 0.75% Aaa/NA 3.21

4.86% 352,577.87 5.42% 824.44 (3,107.49) AAA 1.52
47800CAC0 JDOT 2023 A3 5.01 11/15/2027 880,000.00 -- 882,243.24 99.54 875,986.58 1.89% Aaa/NA 3.38

3.66% 881,481.19 5.38% 1,959.47 (5,494.61) AAA 1.52
58770JAD6 MBALT 2024-A A3 5.32 01/18/2028 120,000.00 05/17/2024 119,985.96 100.29 120,343.61 0.26% Aaa/NA 3.55

5.73% 119,986.37 5.25% 283.73 357.24 AAA 2.00
891941AD8 TAOT 2023-B A3 4.71 02/15/2028 300,000.00 10/03/2023 294,058.59 98.97 296,906.34 0.64% Aaa/NA 3.63

5.68% 295,081.09 5.29% 628.00 1,825.25 AAA 2.02
05592XAD2 BMWOT 2023-A A3 5.47 02/25/2028 90,000.00 07/11/2023 89,984.05 100.31 90,282.01 0.19% NA/AAA 3.66

5.47% 89,987.36 5.39% 82.05 294.65 AAA 1.96
05522RDF2 BACCT 2022-2 A 5.0 04/17/2028 440,000.00 04/18/2023 444,812.50 99.62 438,345.51 0.94% Aaa/AAA 3.80

4.59% 442,866.06 5.37% 977.78 (4,520.54) NA 1.29
438123AC5 HAROT 2023-4 A3 5.67 06/21/2028 500,000.00 12/07/2023 507,480.47 100.88 504,408.35 1.09% Aaa/NA 3.98

5.10% 506,393.55 5.37% 787.50 (1,985.20) AAA 2.28
02582JKD1 AMXCA 2023-3 A 5.23 09/15/2028 490,000.00 09/12/2023 489,978.10 100.33 491,621.26 1.06% NA/AAA 4.21

5.29% 489,981.54 5.14% 1,138.98 1,639.73 AAA 2.03
161571HT4 CHAIT 2023-1 A 5.16 09/15/2028 495,000.00 09/07/2023 494,862.79 100.26 496,263.64 1.07% NR/AAA 4.21

5.17% 494,884.57 5.11% 1,135.20 1,379.07 AAA 2.03
05522RDH8 BACCT 2023-2 A 4.98 11/16/2026 300,000.00 02/20/2024 301,125.00 99.93 299,780.04 0.65% Aaa/NA 2.38

4.88% 300,978.46 5.08% 664.00 (1,198.42) AAA 2.18
096919AD7 BMWOT 2024-A A3 5.18 02/26/2029 210,000.00 06/04/2024 209,968.10 100.10 210,207.46 0.45% Aaa/AAA 4.66

5.18% 209,968.47 5.21% 604.33 238.99 NA 2.10
32 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
5,539,384.06 99.75 5,524,307.67 11.90% Aaa/AAA 3.19
Total ABS 5,538,148.45 4.85% 5,540,174.35 5.35% 11,089.04 (15,866.68) AAA 1.61 AGENCY
3135G0V75 FEDERAL NATIONAL MORTGAGE 750,000.00 01/12/2023 753,426.75 99.99 749,917.18 1.61% Aaa/AA+ 0.01 ASSOCIATION 1.75 07/02/2024 1.44% 750,006.38 3.71% 6,526.04 (89.20) AA+ 0.01 3130AV7L0 FEDERAL HOME LOAN BANKS 5.0 1,100,000.00 03/02/2023 1,098,548.00 99.80 1,097,825.88 2.36% Aaa/AA+ 0.67 02/28/2025 5.07% 1,099,517.33 5.30% 18,791.67 (1,691.45) AA+ 0.63 3130AWER7 FEDERAL HOME LOAN BANKS 4.625 775,000.00 06/09/2023 774,356.75 99.49 771,055.25 1.66% Aaa/AA+ 0.93 06/06/2025 4.67% 774,698.34 5.19% 2,489.15 (3,643.09) AA+ 0.90 3130ATHT7 FEDERAL HOME LOAN BANKS 4.375 1,300,000.00 01/12/2023 1,303,159.00 99.43 1,292,558.07 2.78% Aaa/AA+ 1.20 09/12/2025 4.28% 1,301,420.58 4.87% 17,220.49 (8,862.50) AA+ 1.14 3130ATUC9 FEDERAL HOME LOAN BANKS 4.5 1,000,000.00 02/13/2023 1,004,720.00 99.42 994,201.50 2.14% Aaa/AA+ 1.45 12/12/2025 4.32% 1,002,419.46 4.92% 2,375.00 (8,217.96) AA+ 1.38 3130AWGR5 FEDERAL HOME LOAN BANKS 4.375 525,000.00 06/28/2023 524,165.25 99.16 520,609.58 1.12% Aaa/AA+ 1.95 06/12/2026 4.43% 524,449.95 4.83% 1,212.24 (3,840.37) AA+ 1.84 3133EPSW6 FEDERAL FARM CREDIT BANKS 560,000.00 08/09/2023 558,712.00 99.49 557,120.98 1.20% Aaa/AA+ 2.12 FUNDING CORP 4.5 08/14/2026 4.58% 559,090.41 4.76% 9,590.00 (1,969.42) AA+ 1.97 3130AXU63 FEDERAL HOME LOAN BANKS 4.625 500,000.00 12/18/2023 505,325.00 99.90 499,497.44 1.08% Aaa/AA+ 2.38 11/17/2026 4.23% 504,349.08 4.67% 2,826.39 (4,851.65) AA+ 2.22 3133EP6K6 FEDERAL FARM CREDIT BANKS 1,000,000.00 04/24/2024 990,700.00 99.77 997,723.94 2.15% Aaa/AA+ 2.74 FUNDING CORP 4.5 03/26/2027 4.84% 991,285.07 4.59% 11,875.00 6,438.87 AA+ 2.52 3130ATUS4 FEDERAL HOME LOAN BANKS 4.25 500,000.00 05/15/2023 512,310.00 99.11 495,558.08 1.07% Aaa/AA+ 3.45 12/10/2027 3.66% 509,271.22 4.53% 1,239.58 (13,713.15) AA+ 3.16 8,025,422.75 99.58 7,976,067.89 17.17% Aaa/AA+ 1.54
Total Agency 8,010,000.00 4.22% 8,016,507.81 4.78% 74,145.56 (40,439.92) AA+ 1.44

AGENCY CMBS
3137BVZ82 FHMS K-063 A2 3.43 01/25/2027 700,000.00 06/07/2023 674,542.97 96.36 674,509.01 1.45% Aaa/AA+ 2.57

4.53% 682,087.97 4.98% 2,000.83 (7,578.96) AAA 2.27
33 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3137F1G44 FHMS K-065 A2 3.243 04/25/2027 450,000.00 06/08/2023

4.39%
431,736.33
436,789.10

95.59 4.94%
430,172.87
1,216.13

0.93%
(6,616.24)
Aaa/AA+
AAA

2.82 2.55
3137F2LJ3 FHMS K-066 A2 3.117 06/25/2027 350,000.00 04/18/2024

5.06%
330,654.30
331,831.42

95.14 4.92%
332,982.72
909.13

0.72%
1,151.30
Aaa/AA+
AAA

2.99 2.66
3137FBBX3 FHMS K-068 A2 3.244 08/25/2027 240,000.00 06/08/2023

4.34%
229,940.63
232,498.77

95.27 4.87%
228,636.24
648.80

0.49%
(3,862.53)
Aaa/AA+
AA+

3.15 2.86
3137FBU79 FHMS K-069 A2 3.187 09/25/2027 500,000.00 06/09/2023

4.41%
476,601.56
482,420.78

95.02 4.89%
475,080.60
1,327.92

1.02%
(7,340.18)
Aaa/AAA
AA+

3.24 2.89
3137FETN0 FHMS K-073 A2 3.35 01/25/2028 670,000.00 05/24/2023

4.27%
643,932.81
650,119.30

95.10 4.87%
637,185.34
1,870.42

1.37%
(12,933.96)
Aaa/AA+
AAA

3.57 3.18
3137FG6X8 FHMS K-077 A2 3.85 05/25/2028 780,000.00 05/24/2023

4.24%
765,679.69
768,849.59

96.44 4.85%
752,234.18
2,502.50

1.62%
(16,615.41)
Aaa/AA+
AAA

3.90 3.46
3137FMTY8 FHMS K-094 A2 2.903 06/25/2029 225,000.00 06/21/2024

4.65%
207,764.65
207,812.50

91.92 4.75%
206,824.95
544.31

0.45%
(987.55)
Aaa/AA+
AAA

4.99 4.45
Total Agency CMBS 3,915,000.00 4.44%
3,760,852.94
3,792,409.44

95.48 4.89%
3,737,625.91
11,020.03

8.05%
(54,783.53)
Aaa/AA+
AAA

3.33 2.97
CASH
CCYUSD Receivable 38,820.41 --

0.00%
38,820.41
38,820.41

1.00 0.00%
38,820.41

0.00 0.08%

0.00 Aaa/AAA
AAA

0.00 0.00
Total Cash 38,820.41 0.00%
38,820.41
38,820.41

1.00 0.00%
38,820.41

0.00 0.08%

0.00 Aaa/AAA
AAA

0.00 0.00

COMMERCIAL
PAPER
62479LNG6 MUFG Bank, Ltd. - New York Branch
01/16/2025
750,000.00 05/16/2024

5.43%
723,152.08
728,192.91

97.05 5.42%
727,857.00

0.00 1.57%
(335.91)
P-1/NR
NA

0.55 0.53
Total Commercial
Paper 750,000.00 5.43%
723,152.08
728,192.91

97.05 5.42%
727,857.00

0.00 1.57%
(335.91)
P-1/NR
NA

0.55 0.53

CORPORATE
34 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
166764BW9 CHEVRON CORP 1.554 05/11/2025 700,000.00 01/12/2023

3.65%
667,380.00
687,949.79

96.81 5.38%
677,654.02
1,510.83

1.46%
(10,295.77)
Aa2/AANA0.86

0.84 78016FZT4 ROYAL BANK OF CANADA 4.875
01/12/2026
550,000.00 07/19/2023

5.34%
544,197.50
546,413.47

99.26 5.39%
545,910.26
12,586.98

1.18%
(503.21)
A1/A
AA1.541.42
46647PBH8 JPMORGAN CHASE & CO 2.005
03/13/2026
600,000.00 01/12/2023

3.26%
577,518.00
587,942.18

97.41 6.48%
584,463.51
3,609.00

1.26%
(3,478.67)
A1/AAA1.70

0.68 69371RS49 PACCAR FINANCIAL CORP 4.45
03/30/2026
600,000.00 03/28/2023

4.47%
599,634.00
599,787.28

99.00 5.05%
593,990.15
6,749.17

1.28%
(5,797.13)
A1/A+
NA

1.75 1.64
00440EAV9 CHUBB INA HOLDINGS LLC 3.35
05/03/2026
500,000.00 03/09/2023

5.09%
475,060.00
485,409.99

96.76 5.21%
483,821.89
2,698.61

1.04%
(1,588.11)
A3/A
A

1.84 1.75
341081GR2 FLORIDA POWER & LIGHT CO 4.45
05/15/2026
550,000.00 05/18/2023

4.65%
547,030.00
548,137.27

98.78 5.14%
543,311.46
3,127.36

1.17%
(4,825.82)
A1/A
A+

1.87 1.76
24422EWX3 JOHN DEERE CAPITAL CORP 4.75
06/08/2026
500,000.00 06/05/2023

4.72%
500,470.00
500,303.18

99.37 5.09%
496,840.48
1,517.36

1.07%
(3,462.71)
A1/A
A+

1.94 1.82
74340XBK6 PROLOGIS LP 3.25 10/01/2026 550,000.00 01/16/2024

4.53%
532,240.50
535,209.41

95.90 5.20%
527,477.12
4,468.75

1.14%
(7,732.30)
A3/A
WR

2.25 2.12
89236TDR3 TOYOTA MOTOR CREDIT CORP 3.2
01/11/2027
600,000.00 01/22/2024

4.57%
577,398.00
580,716.30

95.71 5.02%
574,276.49
9,066.67

1.24%
(6,439.81)
A1/A+
A+

2.53 2.35
63743HFM9 NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.8
02/05/2027
550,000.00 01/25/2024

4.75%
550,792.00
550,682.68

99.37 5.06%
546,550.11
10,706.67

1.18%
(4,132.57)
A2/AA2.60

2.37 17275RBQ4 CISCO SYSTEMS INC 4.8 02/26/2027 550,000.00 --

4.82%
549,759.00
549,786.43

99.73 4.91%
548,512.69
9,166.67

1.18%
(1,273.74)
A1/AANA2.66

2.43 857477CL5 STATE STREET CORP 4.993
03/18/2027
525,000.00 03/13/2024

4.99%
525,000.00
525,000.00

99.88 5.04%
524,365.10
7,499.90

1.13%
(634.90)
A1/A
AA2.712.48
06406RBQ9 BANK OF NEW YORK MELLON CORP

4.947 04/26/2027
350,000.00 04/19/2023

4.90%
350,497.00
350,301.10

99.39 5.68%
347,847.91
3,126.23

0.75%
(2,453.19)
A1/A
AA2.821.71
14913UAL4 CATERPILLAR FINANCIAL SERVICES
CORP 5.0 05/14/2027
550,000.00 05/13/2024

5.01%
549,818.50
549,826.30
100.06

4.97%
550,339.45
3,590.28

1.19%
513.15
A2/A
A+

2.87 2.63
74456QBS4 PUBLIC SERVICE ELECTRICAND GAS
CO 3.0 05/15/2027
337,000.00 04/18/2023

4.48%
318,673.94
324,075.56

94.77 4.97%
319,383.09
1,291.83

0.69%
(4,692.48)
A1/A
WR

2.87 2.70
35 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
437076DB5 HOME DEPOT INC 4.875 06/25/2027 600,000.00 06/20/2024

4.92%
599,208.00
599,212.34

99.80 4.95%
598,777.43
487.50

1.29%
(434.91)
A2/A
A

2.99 2.75
89115A2M3 TORONTO-DOMINION BANK 5.156
01/10/2028
575,000.00 07/12/2023

5.29%
571,929.50
572,590.00

99.88 5.19%
574,309.37
14,082.33

1.24%
1,719.37
A1/A
AA3.533.11
756109AU8 REALTY INCOME CORP 3.65
01/15/2028
500,000.00 04/10/2023

4.87%
474,240.00
480,846.65

95.18 5.16%
475,903.16
8,415.28

1.02%
(4,943.49)
A3/AWR3.54

3.21 06051GGF0 BANK OF AMERICA CORP 3.824
01/20/2028
600,000.00 07/12/2023

5.53%
567,738.00
576,593.74

96.38 5.85%
578,301.42
10,261.07

1.25%
1,707.68
A1/AAA3.56

2.35 46647PEA0 JPMORGAN CHASE & CO 5.04
01/23/2028
200,000.00 01/17/2024

4.99%
200,292.00
200,249.37

99.46 5.61%
198,917.60
4,424.00

0.43%
(1,331.77)
A1/AAA3.57

2.32 06368LGV2 BANK OF MONTREAL 5.203
02/01/2028
600,000.00 09/05/2023

5.48%
593,520.00
594,720.90
100.15

5.16%
600,876.37
13,007.50

1.29%
6,155.47
A2/AAA3.59

3.17 58933YBH7 MERCK & CO INC 4.05 05/17/2028 130,000.00 05/08/2023

4.07%
129,894.70
129,918.39

97.90 4.65%
127,265.97
643.50

0.27%
(2,652.41)
A1/A+
NA

3.88 3.53
61744YAK4 MORGAN STANLEY 3.591
07/22/2028
500,000.00 08/10/2023

5.22%
465,070.00
471,304.73

95.09 4.94%
475,451.06
7,930.13

1.02%
4,146.33
A1/AA+4.06

2.80 Total Corporate 11,717,000.00 4.77%
11,467,360.64
11,546,977.07

98.13 5.24%
11,494,546.09
139,967.60

24.75%
(52,430.98)
A1/A
A+

2.58 2.19

MONEY MARKET
FUND
31846V807 FIRST AMER:TRS OBG Y 59,761.47 --

4.89%
59,761.47
59,761.47

1.00 4.89%
59,761.47

0.00 0.13%

0.00 Aaa/
AAAm
AAA

0.00 0.00
Total Money Market
Fund 59,761.47 4.89%
59,761.47
59,761.47

1.00 4.89%
59,761.47

0.00 0.13%

0.00 Aaa/
AAAm
AAA

0.00 0.00

SUPRANATIONAL
45950KDD9 INTERNATIONAL FINANCE CORP 4.5
07/13/2028
305,000.00 07/06/2023

4.53%
304,661.45
304,727.05
100.04

4.49%
305,115.63
6,405.00

0.66%
388.58
Aaa/AAA
NA

4.04 3.58
36 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
304,661.45 100.04 305,115.63 0.66% Aaa/AAA 4.04
Total Supranational 305,000.00 4.53% 304,727.05 4.49% 6,405.00 388.58 NA 3.58

US TREASURY
912828D56 UNITED STATES TREASURY 2.375 1,000,000.00 01/12/2023 1,038,011.16 99.62 996,210.94 2.15% Aaa/AA+ 0.13 08/15/2024 0.07% 1,002,842.72 5.35% 8,938.87 (6,631.78) AA+ 0.13 9128282Y5 UNITED STATES TREASURY 2.125 1,000,000.00 01/12/2023 1,051,800.23 99.19 991,894.53 2.14% Aaa/AA+ 0.25 09/30/2024 (0.77%) 1,007,278.25 5.36% 5,341.53 (15,383.72) AA+ 0.25 912828YM6 UNITED STATES TREASURY 1.5 1,000,000.00 01/12/2023 1,014,925.23 98.72 987,161.46 2.13% Aaa/AA+ 0.34 10/31/2024 0.66% 1,002,767.29 5.40% 2,527.17 (15,605.83) AA+ 0.33 912828YV6 UNITED STATES TREASURY 1.5 700,000.00 01/12/2023 722,889.06 98.43 689,021.49 1.48% Aaa/AA+ 0.42 11/30/2024 (0.18%) 704,909.88 5.33% 889.34 (15,888.40) AA+ 0.41 91282CEU1 UNITED STATES TREASURY 2.875 1,000,000.00 05/28/2024 976,757.81 97.88 978,818.36 2.11% Aaa/AA+ 0.96 06/15/2025 5.18% 978,765.64 5.17% 1,256.83 52.72 AA+ 0.93 91282CAJ0 UNITED STATES TREASURY 0.25 1,200,000.00 01/12/2023 1,095,937.50 94.61 1,135,359.37 2.44% Aaa/AA+ 1.17 08/31/2025 3.74% 1,153,918.27 5.06% 1,002.72 (18,558.90) AA+ 1.14 91282CAM3 UNITED STATES TREASURY 0.25 500,000.00 01/12/2023 456,445.31 94.29 471,445.31 1.02% Aaa/AA+ 1.25 09/30/2025 3.65% 479,978.89 5.02% 314.21 (8,533.58) AA+ 1.22 91282CJE2 UNITED STATES TREASURY 5.0 1,000,000.00 05/28/2024 998,671.88 100.01 1,000,117.19 2.15% Aaa/AA+ 1.34 10/31/2025 5.09% 998,756.16 4.99% 8,423.91 1,361.03 AA+ 1.27 9128285N6 UNITED STATES TREASURY 2.875 500,000.00 01/12/2023 496,212.61 97.22 486,093.75 1.05% Aaa/AA+ 1.42 11/30/2025 3.15% 498,140.48 4.93% 1,217.55 (12,046.73) AA+ 1.36 91282CGE5 UNITED STATES TREASURY 3.875 1,000,000.00 02/06/2023 992,929.69 98.50 984,960.94 2.12% Aaa/AA+ 1.54 01/15/2026 4.13% 996,290.23 4.90% 17,884.62 (11,329.29) AA+ 1.45 91282CBQ3 UNITED STATES TREASURY 0.5 500,000.00 01/12/2023 455,839.84 93.12 465,585.94 1.00% Aaa/AA+ 1.67 02/28/2026 3.50% 476,548.37 4.84% 835.60 (10,962.43) AA+ 1.62 91282CKH3 UNITED STATES TREASURY 4.5 1,000,000.00 04/24/2024 991,679.69 99.48 994,765.62 2.14% Aaa/AA+ 1.75 03/31/2026 4.96% 992,470.41 4.81% 11,311.48 2,295.21 AA+ 1.65 91282CBW0 UNITED STATES TREASURY 0.75 500,000.00 01/12/2023 443,595.43 93.01 465,039.06 1.00% Aaa/AA+ 1.83 04/30/2026 4.46% 468,705.77 4.78% 631.79 (3,666.71) AA+ 1.78 9128286X3 UNITED STATES TREASURY 2.125 500,000.00 01/12/2023 465,958.71 95.23 476,132.81 1.03% Aaa/AA+ 1.92 05/31/2026 4.31% 480,732.91 4.76% 899.93 (4,600.10) AA+ 1.84 37 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
City of San Rafael | Account #11045 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CCJ8 UNITED STATES TREASURY 0.875
06/30/2026
500,000.00 01/12/2023

4.42%
443,595.43
467,494.91

92.77 4.71%
463,828.13

11.89 1.00%
(3,666.79)
Aaa/AA+
AA+

2.00 1.94
91282CHY0 UNITED STATES TREASURY 4.625
09/15/2026
900,000.00 09/25/2023

4.81%
895,429.69
896,604.91

99.87 4.69%
898,804.69
12,216.03

1.94%
2,199.78
Aaa/AA+
AA+

2.21 2.05
91282CJC6 UNITED STATES TREASURY 4.625
10/15/2026
500,000.00 10/19/2023

5.05%
494,218.75
495,570.00

99.91 4.66%
499,550.78
4,865.10

1.08%
3,980.78
Aaa/AA+
AA+

2.29 2.13
91282CKV2 UNITED STATES TREASURY 4.625
06/15/2027
625,000.00 06/26/2024

4.50%
627,148.44
627,140.50
100.29

4.52%
626,806.64
1,263.66

1.35%
(333.87)
Aaa/AA+
AA+

2.96 2.73
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027
750,000.00 12/18/2023

4.06%
751,669.92
751,434.12

98.87 4.50%
741,503.91
7,776.64

1.60%
(9,930.21)
Aaa/AA+
AA+

3.25 2.98
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027
1,000,000.00 02/06/2023

3.84%
1,001,445.31
1,001,033.06

98.08 4.47%
980,820.31
105.30

2.11%
(20,212.75)
Aaa/AA+
AA+

3.50 3.23
91282CHK0 UNITED STATES TREASURY 4.0
06/30/2028
750,000.00 03/12/2024

4.22%
743,496.09
743,951.78

98.48 4.42%
738,603.52

81.52 1.59%
(5,348.26)
Aaa/AA+
AA+

4.00 3.65
91282CJA0 UNITED STATES TREASURY 4.625
09/30/2028
500,000.00 10/19/2023

4.95%
492,968.75
493,960.99
100.85

4.40%
504,238.28
5,812.84

1.09%
10,277.29
Aaa/AA+
AA+

4.25 3.78
Total US Treasury 16,925,000.00 3.40%
16,651,626.53
16,719,295.56

97.99 4.90%
16,576,763.02
93,608.54

35.69%
(142,532.54)
Aaa/AA+
AA+

1.72 1.61
Total Portfolio 47,258,730.33 4.17%
46,571,042.33
46,746,866.07

98.10 5.02%
46,440,865.10
336,235.76
100.00%
(306,000.97)
Aa2/AAAA2.20

1.83 Total Market Value +
Accrued 46,777,100.86
38 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

HOLDINGS REPORT
San Rafael Reporting | Account #11046 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 622,648.77 --

0.00%
622,648.77
622,648.77

1.00 0.00%
622,648.77

0.00 1.03%

0.00 Aaa/AAA
AAA

0.00 0.00
Total Cash 622,648.77 0.00%
622,648.77
622,648.77

1.00 0.00%
622,648.77

0.00 1.03%

0.00 Aaa/AAA
AAA

0.00 0.00
LAIF
90LAIF$00 Local Agency Investment Fund State
Pool
59,849,233.56 --

4.56%
59,849,233.56
59,849,233.56

1.00 4.56%
59,849,233.56

0.00 98.97%

0.00 NA/NA
NA

0.00 0.00
Total LAIF 59,849,233.56 4.56%
59,849,233.56
59,849,233.56

1.00 4.56%
59,849,233.56

0.00 98.97%

0.00 NA/NA
NA

0.00 0.00
Total Portfolio 60,471,882.33 4.51%
60,471,882.33
60,471,882.33

1.00 4.51%
60,471,882.33

0.00 100.00%

0.00 Aaa/AAA
AAA

0.00 0.00
Total Market Value +
Accrued 60,471,882.33
39 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

TRANSACTIONS
40 , ,,a CHANDLER " '-- ASSET MANAGEMENT

TRANSACTION LEDGER
City of San Rafael | Account #11045|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 04/23/2024 3137F2LJ3 350,000.00 FHMS K-066 A2 3.117 06/25/2027

94.473 5.06% (330,654.30) (666.69) (331,320.99) 0.00
Purchase 04/25/2024 3133EP6K6 1,000,000.00 FEDERAL FARM CREDIT

BANKS FUNDING CORP

4.5 03/26/2027

99.070 4.84% (990,700.00) (3,625.00) (994,325.00) 0.00
Purchase 04/25/2024 91282CKH3 1,000,000.00 UNITED STATES TREASURY 4.5
03/31/2026

99.168 4.96% (991,679.69) (3,073.77) (994,753.46) 0.00
Purchase 05/15/2024 14913UAL4 550,000.00 CATERPILLAR

FINANCIAL SERVICES
CORP 5.0 05/14/2027

99.967 5.01% (549,818.50) (76.39) (549,894.89) 0.00
Purchase 05/16/2024 62479LNG6 750,000.00 MUFG Bank, Ltd. - New York Branch
01/16/2025

96.420 5.43% (723,152.08) 0.00 (723,152.08) 0.00
Purchase 05/23/2024 58770JAD6 120,000.00 MBALT 2024-A A3 5.32 01/18/2028

99.988 5.73% (119,985.96) 0.00 (119,985.96) 0.00
Purchase 05/29/2024 91282CJE2 1,000,000.00 UNITED STATES TREASURY 5.0
10/31/2025

99.867 5.09% (998,671.88) (3,940.22) (1,002,612.10) 0.00 Purchase 05/29/2024 91282CEU1 1,000,000.00 UNITED STATES TREASURY 2.875
06/15/2025

97.676 5.18% (976,757.81) (13,039.62) (989,797.43) 0.00 Purchase 06/11/2024 096919AD7 210,000.00 BMWOT 2024-A A3

5.18 02/26/2029

99.985 5.18% (209,968.10) 0.00 (209,968.10) 0.00
Purchase 06/25/2024 437076DB5 600,000.00 HOME DEPOT INC

4.875 06/25/2027

99.868 4.92% (599,208.00) 0.00 (599,208.00) 0.00
Purchase 06/26/2024 3137FMTY8 225,000.00 FHMS K-094 A2 2.903 06/25/2029

92.340 4.65% (207,764.65) (453.59) (208,218.24) 0.00
Purchase 06/27/2024 91282CKV2 625,000.00 UNITED STATES
TREASURY 4.625
06/15/2027
100.344 4.50% (627,148.44) (947.75) (628,096.19) 0.00
41 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

TRANSACTION LEDGER
City of San Rafael | Account #11045|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss Total Purchase 7,430,000.00 (7,325,509.41) (25,823.03) (7,351,332.44) 0.00 TOTAL
ACQUISITIONS 7,430,000.00 (7,325,509.41) (25,823.03) (7,351,332.44) 0.00

DISPOSITIONS
Maturity 04/22/2024 3133EMWV0 (1,000,000.00) FEDERAL FARM CREDIT

BANKS FUNDING CORP

0.35 04/22/2024
100.000 0.35% 1,000,000.00 0.00 1,000,000.00 0.00
Maturity 04/23/2024 3130AMQQ8 (1,000,000.00) FEDERAL HOME LOAN BANKS 0.35
04/23/2024
100.000 0.35% 1,000,000.00 0.00 1,000,000.00 0.00
Maturity 04/26/2024 3136G46B4 (1,200,000.00) FEDERAL NATIONAL

MORTGAGE
ASSOCIATION 0.35
04/26/2024
100.000 0.35% 1,200,000.00 0.00 1,200,000.00 0.00
Maturity 05/06/2024 3133EMYR7 (1,000,000.00) FEDERAL FARM CREDIT

BANKS FUNDING CORP

0.375 05/06/2024
100.000 0.38% 1,000,000.00 0.00 1,000,000.00 0.00
Maturity 05/15/2024 91282CCC3 (1,000,000.00) UNITED STATES TREASURY 0.25
05/15/2024
100.000 0.25% 1,000,000.00 0.00 1,000,000.00 0.00
Maturity 05/15/2024 717081DM2 (500,000.00) PFIZER INC 3.4 05/15/2024
100.000 3.40% 500,000.00 0.00 500,000.00 0.00
Total Maturity (5,700,000.00) 5,700,000.00 0.00 5,700,000.00 0.00 Sale 06/21/2024 3133EPBF1 (1,000,000.00) FEDERAL FARM CREDIT

BANKS FUNDING CORP

4.875 08/21/2024

99.892 4.98% 998,920.00 16,250.00 1,015,170.00 (911.61) Total Sale (1,000,000.00) 998,920.00 16,250.00 1,015,170.00 (911.61) TOTAL
DISPOSITIONS (6,700,000.00) 6,698,920.00 16,250.00 6,715,170.00 (911.61) 42 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

TRANSACTION LEDGER
San Rafael Reporting | Account #11046|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 04/15/2024 90LAIF$00 579,998.56 Local Agency
Investment Fund State
Pool

1.000 4.27% (579,998.56) 0.00 (579,998.56) 0.00
Purchase 05/17/2024 90LAIF$00 5,000,000.00 Local Agency Investment Fund State
Pool

1.000 4.36% (5,000,000.00) 0.00 (5,000,000.00) 0.00
Total Purchase 5,579,998.56 (5,579,998.56) 0.00 (5,579,998.56) 0.00 TOTAL
ACQUISITIONS 5,579,998.56 (5,579,998.56) 0.00 (5,579,998.56) 0.00 43 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

IMPORTANT DISCLOSURES
City of San Rafael | Account #11045 | As of June 30, 2024 2024 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “asis” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively. 44 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT

BENCHMARK DISCLOSURES
City of San Rafael | Account #11045 | As of June 30, 2024 Benchmark Disclosure
ICE BofA 1-3 Yr US Treasury & Agency Index The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 45 ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.b
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director City Manager Approval: ______________ TOPIC: CALTRANS MAINTENANCE AGREEMENT AMENDMENT
SUBJECT: RESCIND RESOLUTION 15306 AND ADOPT RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE

SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS RECOMMENDATION:

Rescind Resolution 15306 and adopt a resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans.

BACKGROUND:

A Supplemental Freeway Maintenance Agreement (Agreement) was executed between the State of California through the Department of Transportation (Caltrans) and the City of San Rafael (City) in 1962 for maintenance adjacent and within the State right of way at the Manual T. Freitas overcrossing.

The Caltrans-owned intersection of Manuel T. Freitas Parkway (Freitas Parkway) and US 101 North ramp where vehicles exiting on the highway currently flow freely with no stop sign or traffic signal, which causes confusion for vehicles trying to make turning movements across these vehicle movements. Northbound vehicles exiting from US 101 go straight through or turn right at the intersection without stopping. Vehicles from Freitas Parkway either stay right to merge onto US 101 north or yield to on-coming vehicles before making a left turn to the next intersection of Freitas Parkway/ Redwood Highway/ Civic Center Drive, where Freitas is uncontrolled, and Redwood Highway and Civic Center Drive is stop-controlled.

These intersections are non-standard and there is a history of collisions. Further, the intersections are challenging for bicyclists and pedestrians to navigate. A bus stop for Golden Gate transit routes at the on-ramp is only accessible by stairs and a narrow sidewalk.

Caltrans Project No. 0416000141 is proposing improvements to the two intersections, including a new roundabout and a relocated bus stop at the Freitas Parkway/ Redwood Highway/ Civic Center Drive intersection that will include a refuge island for vehicles from Freitas waiting to merge. These changes will improve traffic flow and make these busy intersections safer and more straightforward for motorists, bicyclists, and pedestrians.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
At the June 17, 2024 City Council meeting, the City Council adopted Resolution 15306 (Attachment 2), approving and authorizing the City Manager to enter into an amendment to the Maintenance Agreement (“Amendment No. 1”, Attachment 4) to account for upcoming changes in the configuration of these intersections.

ANALYSIS:

Due to a clerical error, a revised version of Exhibit A to Amendment No. 1 (“Exhibit A”, Attachment 5), which Caltrans and the City had negotiated and intended to include as part of the Amendment No. 1 was not included as part of Resolution 15306 at the June 17, 2024, City Council meeting.

Staff recommends that Resolution 15306 (Attachment 2) be rescinded and a new Resolution (Attachment 1) including the revised Exhibit A (Attachment 5) be adopted. Revised Exhibit A removes an area of approximately 185 square feet from City maintained roadway and associated infrastructure elements that was originally included in the Resolution 15306 Exhibit A. Moving forward, this area will be maintained by Caltrans as it is located adjacent to Caltrans right-of-way.

FISCAL IMPACT:

The maintenance costs associated with Amendment No. 1 are included in the annual Public Works Park and Landscape Maintenance Program budget.

ENVIRONMENTAL ANALYSIS:

This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that the action does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

OPTIONS:

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

1. Rescind Resolution 15306 as adopted on June 17, 2024, and adopt the new resolution with revised Exhibit A.

2. Direct staff to return with more information.

RECOMMENDED ACTION:

Rescind Resolution 15306 and adopt a resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans.

ATTACHMENTS:

1. Resolution

2. Resolution 15306

3. Existing 1962 Maintenance Agreement

4. Amendment No. 1

5. Revised Exhibit A – Layout of Maintenance Agreement Area RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING RESOLUTION NO. 15306 AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SUPPLEMENTAL MAINTENANCE

AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORATION (CALTRANS) FOR MAINTENANCE OF PORTIONS MANUAL T.

FREITAS PARKWAY AND CIVIC CENTER DRIVE WITHIN STATE RIGHT-OF-WAY WHEREAS, at the June 17, 2024 meeting, City Council adopted Resolution 15306, approving and authorizing the City Manager to enter into Amendment No. 1 to the Supplemental Freeway Maintenance Agreement in the City of San Rafael (“Maintenance Agreement”); and
WHEREAS, Caltrans and the City revised Exhibit A associated with Resolution 15306.

The revised Exhibit A was not included in Resolution 15306 at the June 17, 2024 meeting; and
WHEREAS, Resolution 15306 shall be rescinded and readopted as this Resolution; and WHEREAS, the State of Department of Transportation (“Caltrans”) generally does not maintain local city streets within the State right-of-way; and WHEREAS, portions of local streets Manual T. Freitas Parkway and Civic Center Drive within and adjacent to State right-of-way will be improved with a new roundabout per Caltrans Project No. 0416000141 (the “Project”) requiring maintenance; and WHEREAS, Caltrans and the City have an existing Maintenance Agreement in place that was signed in 1962 based on the existing roadway layout; and WHEREAS, Amendment No. 1 would modify the Maintenance Agreement to match the layout of curbs, gutters, retaining walls, sidewalks, asphalt pavement, and striping after the Project is constructed; and
WHEREAS, Caltrans is requiring the City to maintain those roadway infrastructure elements as more fully described in the Staff Report and Amendment No. 1 that includes the layout shown on Exhibit A; and
WHEREAS, the City and Caltrans agree that the City will perform maintenance as described in Amendment No. 1 of the Maintenance Agreement.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of San Rafael, State of California, does hereby resolve as follows:

1. The City Council herby rescinds Resolution No. 15306 and approves and authorizes the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation for maintenance of portions Manual T. Freitas Parkway and Civic Center Drive within State right-of-way, subject to final approval as to form by the City Attorney.

2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 19th day of August 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk
RESOLUTION NO. 15306

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE

SUPPLEMENTAL MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORATION (CALTRANS) FOR MAINTENANCE OF PORTIONS MANUAL T. FREITAS PARKWAY AND CIVIC CENTER DRIVE WITHIN

STATE RIGHT-OF-WAY
WHEREAS, Caltrans as the State of Department of Transportation (Caltrans) generally does not maintain local city streets within the State right-of-way; and WHEREAS, portions of local streets Manual T. Freitas Parkway and Civic Center Drive within and adjacent to State right-of-way will be improved with a new roundabout per Caltrans Project No. 0416000141 (Project) requiring maintenance; and WHEREAS, Caltrans and the City have an existing Supplemental Freeway Maintenance Agreement (Agreement) in place that was signed in 1962 based on the existing roadway layout; and
WHEREAS, Amendment No. 1 would modify the Agreement to match the layout of curbs, gutters, retaining walls, sidewalks, asphalt pavement, and striping after the Project is constructed; and
WHEREAS, Caltrans is requiring the City to maintain those roadway infrastructure elements as more fully described in the Staff Report and draft Amendment No. 1 that includes the layout shown on Exhibit A; and
WHEREAS, City and Caltrans afreet that the City will perform maintenance as described in Amendment No. 1 of the Agreement;
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of San Rafael, State of California, does hereby resolve as follows:

1. The City Council herby approves and authorizes the Cty Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) for maintenance of portions Manual T. Freitas Parkway and Civic Center Drive within State right-ofway, subject to final approval as to form by the City Attorney.

2. The Director of Public Works is herby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.

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

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

Lindsay Lara, City Clerk
SUPPLEMIDJTAL FREE"wAY M'.AINTErrnwon: AGPJ?.EM'.eNT
TH.IS AGREEMElfl', made and entered into., · in duplicate., this z& day of ~/A"' ,. 1962P by and between the State --;--·- q_7 o.f Oalifor-.n:J.a, acting by and through the Department of Public Works., Division of Highways, hereinafter for convenience referred to e.a "the Staten, and the City of San Rafael, heroinafter for eonvenie11ce referred to as "the City", witnesseth:
• WHEREAS, on February 10.11 1959., a Freewa.y Ag:raement was ,,-···· ( executed between the County of Marin and the State relating to the deyelopment as a freeway, of a portion of State Highway ~oute 1, within the limits of the County of' Marin, and
WHEREAS, under the provisions of. said Freeway Agreement., the County agreed to certain adjustments in the County road system, and for the carrying of certain roads over or under or to a connection with the freeway, and
w1iEREAS, • the City has annexed certain areas covered by said . -( Freeway Agreement with the County of Marin and has thereby taken ·-.... ~---· • over control and maintenance of certain County roads, hereinafter referred to as City streets, and
_ WHEPiEAS~ said freeway has now been completed or is nearing completion, and the parties mutually desire to clarify the division o.f maintenance responsibility as to separation structures, and Clty streets or portions thereof, and landscaped areas, within the f'reeway limits, and
WIIBREAS, on June 23, 1952, a Freeway Maintenance Agreem~nt -----Mas-exe~etween the---Count¥--S,nd th~ State wherein the County NOW THEREJi'ORE, IT IS AGREKD:

1. RO.tlDWAY SECTIONS
'[he Ci t;y-· will maintain, at City e-xpenDe, all portione of colored 1n J/ellow on the attacrL)d ma:p marked Exh1bit :1A11 and made a p2rt hcr·eof by this PefE~rence.

The .State i.-iill matntai.n_, at Stat,~ expen2;e, the: entire rd:;ructure be low th0 top of tho concrete dc:c1c ::,ur:face; exclu;3ive of any bihuninous nurf·ace treatment thereof'. 'I'hc City will m~intain, a.t City expense, the t,;c;p of the concrete decb: su1,face, together with any bit:_:uninous eurface trsat:ment thereon, and all portions of the structure above the concr,3te deck surface, and shall perf'onn such other work a::, may be neces~ary to insure an in1peT'Vious and otherwise suitable surface. '.l'he City will also maintain all tro.ffic service facilitie~ pr-ovided for the benefit or control of city street traffic. -

3. VEHICULAR m-mKB.CROSSTIJGS
_ _ ___ ____ f D=-~ _S_t_· ~ will maintain the structure proper. The roadway section, :tncludin2; the tr2.veled wayy shoulders_. curbs, sidewalks, walls, drainage 1nztallation3 and traffic service facilities$ and all water lines except those incascd within the walls, deck or floor or tho structure~ vlill be maintainGd by the City.

4. PEDESTRIAN OVEROROSSINGS
Except for da.111ag,e to the ~tP.Ueture resulting from freeway vehicular traffic, the City will maintain pedestrian overorossinga in their entirety.

5., • PEDESTRIAN UliDERCROSSINGS
The State will maintain the structure .rroI11 a structural etandpoint. The City will maintain all drainage and lighting insta1lation31 and all water lines except those ·1ncased within the walls.,'. d.eok or :rloor of the structure. The City will also ,be .,,~-" ( reeporudble fo1• all cleaning and painting as may ·be required to keep the structure free of debris a..~d obBcenity.

6. LANDSCAPED AREAS
All plantings or other types or roadside development within the freeway limits and aolore-d in yellow on Exhibit "A'' w:111 be . maintained by the City.·

7. The purpose of thie Agreement i~ to delineate the
extent or City's maintenanoe responsibilit~e~ with respect to c· areas within the freeway limits that have been annexed to the Oity.,

8. EFFEC'ffV& DATE
Thia agreem~nt shall be effective upon the date of ita
execution by the State; it being underatood and agreed, howevar, that the execution ot this Agreement shall not effect any preexisting obligations of the City to maintain designated areas pursuant to prior written notioe from the State that work in ·aueh ai-eae, which the City has agreed to maintain pursuant to the te1--ma ot said Freeway Agreement, has beeri completed.

Approval Recommended
~--~:·
Maint~nance Engineer =7
Approval as to Form
~ &AJ! -L -- Attomay for Department
Attorney
STATE OF CALIFOfilUA
DEPART"JJENT OF PUBLIC WORKS
DIVISION OF HIGifwAYS
• J. C. WOMACK .

STATE HIGifwAY ENGINEER
BY ~ 4_ 4a-A
• De put:, State H1ghWay Engineer
. · .. : ·,
... •-,
, .·
RESO·LUT!ON NO. / # • • I i '
-------·
RESOLUTION OF THE CITY comrcIL OF THE CITY OF SAN RAFAEL APPROVING SUPPLEMENTAL FREEWAY t1A.INTENANCE AGREEMEr~T
WHEREAS, the .State of California, through its Department or Publio Works, Division of Highways, haa presented an agre~ment entitled "Supplem~ntal Freeway H-::1.intenance Agreement" which concerns State Highway Route 1, in the City o.f San Ra.fael in the vicinity of Freitas Parkway, and
WHEREAS·., the · City Council ha.a heard read said agreem~nt in full and is f'amil.1.a.r with the contents th_ereo.f;
THEREFORE, be it resolved by the City Council o:f the City of San Rafael, that said Supplemental Freeway Maintenance Agreement be and the same is hereby approved and the Mayor and the City Clerk are directed to execute the same on behalf of said City. \ ADOPTED THIS ., 1 ,, DAY OF ./ L-i ,. , 1962.

Attest:
;r hereby certify that the .foregoing resolution was duly and regularly passed by the City Council of. the City of San Rafael at a regular meeting thereof held . ' .. / , " , 1962.
------·--------- -- -. .. -- - - - ·-- - -··
\ ! E&T-f MC~~ I ~~E]~~cn S~E,ET OF-~ ~
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LOCATION LIMITS
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LOCATION

EXHIBIT
Draft 2-22-24 04-Mrn 101 PM 13.7
1 AMENDMENT NO. 1
TO

SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT

IN THE CITY OF SAN RAFAEL
This Amendment No. 1 to the Supplemental Freeway Maintenance Agreement in the City of San Rafael is made and entered into by and between STATE of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and City of San Rafael, hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, a Supplemental Freeway Maintenance Agreement in the City of San Rafael”, hereinafter referred to as “AGREEMENT”, was executed by CITY on May 7, 1962, and
WHEREAS, CITY desires to maintain improvements to be constructed under Project No. 0416000141 on Route 101 at Manuel T. Freitas Parkway overcrossing in the City of San Rafael; consisting of roundabout island, landscaping, retaining walls, and sidewalk, etc); and
WHEREAS, PARTIES hereto now mutually consent that AGREEMENT be amended.

NOW, THEREFORE, PARTIES agree to add retaining wall article below and replace the entire Exhibit A of AGREEMENT and shall become a part of AGREEMENT for all purposes.

1. RETAINING WALLS- CITY is solely responsible for the wall in its entirety but not limited to: structural adequacy, debris removal, cleaning and painting to keep wall structure free of debris, dirt, and graffiti.

TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Amendment.

Draft 2-22-24 04-Mrn 101 PM 13.7
2 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

CITY OF SAN RAFAEL STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION
_____________________________
By: City Manager
ATTEST; By
_________________________________
_____________________________ LEAH BUDU Date
CITY Clerk Deputy District Director
Maintenance- District 4
_____________________________
CITY Attorney
LEGEND

AREA TO BE MAINTAINED BY THE CITY

PROJECT

MAINTENANCE AGREEMENT

WITH CITY OF SAN RAFAEL

SAN RAFAEL

VICINITY MAP

NOT TO SCALE
Dist COUNTY ROUTE
04 Mrn 101

POST MILES

TOTAL PROJECT

13. 7

EXHIBIT II A II
SHEET 1 OF 3
February 23, 2024
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AREA TO BE MAINTAINED BY THE CITY
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* CITY IS RESPONSIBLE FOR STRUCTURAL AND AESTHETIC MAINTENANCE OF RETAINING WALLS WITHIN AREA INDICATED.

AREA TO BE MAINTAINED BY THE CITY

CITY R/W
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WITH CITY OF
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AGREEMENT
SAN RAFAEL SCALE: 1" = 50'
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EXHIBIT

POST MILES TOTAL PROJECT

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FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.c
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director City Manager Approval: ______________ TOPIC: CALTRANS PROPERTY RELINQUISHMENT
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SEND A

LETTER TO REQUEST THAT CALTRANS RELINQUISHES THE PROPERTY EAST OF REDWOOD HIGHWAY AND CIVIC CENTER DRIVE.

RECOMMENDATION:

Adopt a resolution approving and authorizing the City Manager to send a letter to request that the State Department of Transportation (Caltrans) relinquishes the property east of Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162).

BACKGROUND:

The Caltrans-owned intersections of Manuel T. Freitas Parkway (Freitas Parkway) and US 101 North ramp is currently uncontrolled. Caltrans has proposed improvements to the intersections, including a new roundabout and a relocated bus stop. At the August 1, 2022 meeting, City Council approved a Cooperative Agreement to contribute funding for the project delivery in the amount not to exceed $400,000.

As part of the community outreach process in 2021 and 2022, the City and community pushed Caltrans to modify the design to create wider bicycle and pedestrian facilities around the roundabout. In order to achieve this, Caltrans needed to procure additional public right of way. Since this request to expand improvements was made by the City, the City informally agreed to maintain the additional right of way if Caltrans purchased and built the improvements. In 2024 Caltrans purchased additional public right of way from 4040 Civic Center Drive in San Rafael for the purpose of constructing the project along Redwood Highway and Civic Center Drive. The acquired public right of way property (as shown in Attachment 2) is not continuous with the State right of way and is adjacent to the City maintained public right of way.

ANALYSIS:

After the construction of the project, Caltrans will have no further interest in the right of way not continuous with the State right of way. California Streets and Highway Code, Section 73 et seq authorizes the California Transportation Commission (CTC) to relinquish a portion of the State highway to a city or county, provided that certain steps are followed. This includes the City issuing a letter to the Caltrans SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
District Director requesting the relinquishment of a portion the property purchased for the project. The additional public right of way will include retaining walls, sidewalk, and bicycle path around the roundabout that serve the community. These improvements are similar to what the City will maintain adjacent to these new areas.

COMMUNITY OUTREACH:

This project was presented to the City Council on November 1, 2021, and on August 1, 2022. In addition to the City Council presentations, this project has also been presented to the City’s Bicycle and Pedestrian Committee (BPAC) in 2021 and 2022. In addition, Caltrans held a virtual community meeting in March 2022. The project has undergone several iterations of design in response to community comments. The current design was shared with key stakeholders before being completed. The City has also maintained a webpage with relevant project material and recorded meetings.

FISCAL IMPACT:

There is no fiscal impact for the adoption of this resolution.

OPTIONS:

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

1. Adopt the resolution approving and authorizing the City Manager to send a letter to Caltrans

2. Reject the resolution and provide further direction to staff RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the City Manager to send a letter to request that the State Department of Transportation (Caltrans) relinquishes the property east of Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162).

ATTACHMENTS:

1. Resolution

2. Exhibit A (Relinquishment No. 56162) from Caltrans

3. Draft Letter for Request for Relinquishment
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND

AUTHORIZING THE CITY MANAGER TO SEND A LETTER TO REQUEST THAT

CALTRANS RELINQUISHES THE PROPERTY EAST OF REDWOOD HIGHWAY AND CIVIC CENTER DRIVE AS DELINEATED IN EXHIBIT A (RELINQUISHMENT NO. 56162).

WHEREAS, in 2024 the State Department of Transportation (Caltrans) purchased additional public right of way from 4040 Civic Center Drive in San Rafael for the purpose of constructing a roundabout, sidewalk, and bicycle path (the “Project”) along Redwood Highway and Civic Center Drive; and
WHEREAS, the newly acquired public right of way property is not continuous with the State right of way and is adjacent to the City maintained public right of way; and WHEREAS, during the design process the City and community requested additional bicycle and pedestrian improvements that extended the improvements further outside the existing right of way; and
WHEREAS, after the construction of the Project, Caltrans has no further interest in the right of way not continuous with State right of way and adjacent to the local street; and WHEREAS, the City agrees that the relinquishment will be used for public multi-modal transportation uses; and
WHEREAS, California Streets and Highway Code, Section 73 et esq authorizes the California Transportation Commission (CTC) to relinquish a portion of the State highway to a city or county, provided certain steps are followed; and WHEREAS, the City needs to issue a letter to the Caltrans District Director requesting the relinquishment of the property east of Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162) to the City; and WHEREAS, the City Council must also consent to the relinquishment by resolution before the CTC may relinquish a portion of any State highway or property to the City; and WHEREAS, Caltrans must perform a cost-benefit analysis and then, if deemed a benefit, negotiate terms of the relinquishment that are presented to the CTC for consideration; and
WHEREAS, the City agrees to only accept the proposed relinquishment as delineated in Exhibit A (Relinquishment No. 56162) at a zero-fee cost established by the Caltrans costbenefit analysis; and WHEREAS, the City will maintain and continue transportation use of the facilities; and WHEREAS, this action by the City Council is not a project under the California Environmental Quality Act because the action is an administrative activity that will not have final authority over the relinquishment, and future actions by the state are required to relinquish the highway segment.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of San Rafael, State of California, does hereby resolve as follows:

1. Requests and consents to the relinquishment of Segments 1 and 2 along Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162) to the City after the completion of the Project, as allowed under Section 73 et seq. of the California Streets and Highways Code; and

2. Authorizes the City Manager to send a letter, in substantially the form attached, to request Caltrans to initiate the relinquishment process for the property east of Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162) and take any further action as necessary to facilitate the relinquishment.

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 19th day of August 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

TO CITY OF SAN RAFAEL

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

EXHIBIT A
D
LEGEND
~ Area to be re Ii nqu i shed
M-1631

COUNTY OF MARIN

CITY OF SAN RAFAEL
NOTE: The State of California or its officers or
agents shall not be responsible for the accuracy or
completeness of digital images of this map.

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TO CITY OF MARIN •
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NOT£: The State's rights are not extinguished until rec rdation of related California Transportation Commission resolut on.

RELINQUISHMENT
REL. NO. 56162
DATE: 03/2024 EA(s): OK8002 CONTRACT NO.:

DRAWN BY:A. ZHONG, PLS #7437 CHECKED BY:

DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS
04 MRN 101 13. 7 2
PROJECT ID:0416000141

TO CITY OF SAN RAFAEL

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

EXHIBIT A
Coordinates and bearings are on CC5 1983, Zone 3,
otherwise noted.

COUNTY OF MARIN

CITY OF SAN RAFAEL
Epoch 1991.35. Distances and stationing are grid
distances. Multiply by 0.9999363 to obtain ground /
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8 NOTE: The State of California or its officers or
agents shall not be responsible for the accuracy or
completeness of digital images of this map.

CURVE TABLE LINE TABLE
RADIUS DELTA LENGTH No. BEARING DISTANCE
487.00' 5° 19'57" 45.32' L1 N59° 1 5'11 "W 62.00'
492.00' 5° 1 9'57" 45. 79' L2 N30° 13'29"E 4.43'
452.03' 11°43'53" 92.55' L3 559° 46'31 "E 62.00'
487.00' 12°00'14" 102.03' L4 535° 33'26"W(R) 5.00'
495.00' 2°33'29"
L5 N46°23'01 "E(R) 8.00'

22.10' L6 566° 56' 47"E 48.20'

87.00' 50° 11 '06" 76.20' L7 516°45'42"E 48.36'

24.00' 84 ° 44 '25" 35.50' LB 549°34'19"W 3.65'
L9 N85° 31 '38"W 3.25'
L10 570° 16'57"W 7.81'
L 11 575° 32'31 "W 1. 76'
NOTE: The State's rights are not extinguished until recordation of related California Transportation Commission resolution.

RELINQUISHMENT
REL. NO. 56162

FOR PREVIOUS R/W JNFORMA T/ON SEE
MAP(S) R-68.34 & 36, A-11036.1
DATE: 03/2024 EA(s): OK8002 CONTRACT NO.:

DRAWN BY:A. ZHONG, PLS #7437 CHECKED BY:

DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS
04 MRN 101 13.7 2 2
PROJECT ID:0416000141
Kate Colin, Mayor • Eli Hill, Vice Mayor • Maribeth Bushey, Councilmember • Rachel Kertz, Councilmember • Maika Llorens Gulati, Councilmember August 19, 2024
Dina El-Tawansy
District Director
Department of Transportation (Caltrans), District 4
111 Grand Avenue / Mail: P.O. Box 23660
Oakland, CA 94623-0660
Dear Director El-Tawansy:

This letter is to serve as a formal request of relinquishment of the property east of Redwood Highway and Civic Center Drive as delineated in Exhibit A (Relinquishment No. 56162), located in the City of San Rafael, for use as a local public street following the completion of construction of a planned State Department of Transportation (Caltrans) project.

In 2024 Caltrans purchased additional public right of way from 4040 Civic Center Drive in San Rafael for the purpose of constructing a roundabout, sidewalk, and bicycle path (the “Project”) along Redwood Highway and Civic Center Drive. The acquired public right of way property is not continuous with the State right of way and is adjacent to the City maintained public right of way.

After the construction of the Project, Caltrans has no further interest in the right of way not continuous with the State right of way. California Streets and Highway Code, Section 73 et esq authorizes the California Transportation Commission (CTC) to relinquish a portion of the State highway to a city or county, provided that certain steps are followed. This includes the City issuing a letter to the Caltrans District Director requesting the relinquishment of a portion the property purchased for the Project.

Attached is Exhibit A showing the areas for relinquishment, as well as a copy of the signed resolution of the City Council requesting relinquishment of the property upon the completion of the Project.

Sincerely,
Cristine Alilovich
City Manager
____________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.d
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Lyn Lopez, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: GRAND AVE CYCLE TRACK PROJECT
SUBJECT: ACCEPT COMPLETION OF THE GRAND AVE CYCLE TRACK PROJECT, CITY PROJECT NO. 11393, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE

OF COMPLETION
RECOMMENDATION:

Accept completion of the Grand Ave Cycle Track Project and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

The Grand Avenue Cycle Track Project constructed a new two-way, protected cycle track and widened sidewalk on the east side of Grand Avenue between Second Street and Fourth Street. This project is ranked third in Group F, Canal Connections, in the City’s 2018 Bicycle and Pedestrian Master Plan (“BPMP”) and is a critical trail extension project on the San Francisco Bay Trail. The new cycle track provides a safe and separated bicycle connection for residents and visitors of East San Rafael to the downtown business district and the San Rafael Transit Center. Project improvements included upgrades to traffic signals, curb ramps, and landscaping as well as road resurfacing. Construction for this project was coordinated with the Third Street Rehabilitation and Safety projects.

On August 21, 2023, the City Council awarded the construction contract to Ghilotti Bros., Inc. in the amount of $1,432,887 and approved a construction contingency of $217,113 for a total of $1,650,000.

Construction began on December 11, 2022, and was completed on July 15, 2024.

ANALYSIS:

Pursuant to Civil Code Section 3093, the City is required to record a Notice of Completion upon City acceptance of the improvements. This acceptance initiates a period during which project subcontractors may file Stop Notices seeking payment from the City from the funds owed to the Contractor for the project work.

FISCAL IMPACT:

The Grand Ave Cycle Track project was funded through a combination of grants from various sources, consisting of the Bay Trail Grant from the Association of Bay Area Governments, the Local Partnership Program from Caltrans, and the Transportation Fund for Clean Air program from Transportation Authority of Marin, and funds from the Gas Tax Fund (#206). The total cost for completion of this project is approximately $1,820,000, which includes about $180,000 for design and permitting and about SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
$1,580,000 for construction and construction support.

In accordance with project specifications, the City retained five percent of the full amount due on each progress payment to Ghilotti Bros., Inc. resulting in a total construction retention of $157,531.59. The final payment and release of retention will be made following 35 days after recordation of the Notice of Completion.

RECOMMENDED ACTION:

Accept completion of the Grand Ave Cycle Track Project and authorize the City Clerk to file the Notice of Completion.

ATTACHMENTS:

1. Notice of Completion
Grand Avenue Cycle Track Project 2022 Form NOTICE OF COMPLETION Project #11393 Page 1
Recording Requested By:

The City of San Rafael
When Recorded Mail To:

Lindsay Lara, City Clerk
1400 Fifth Avenue
San Rafael, CA 94901

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is the City of San Rafael (“City”)

3. City’s address is 1400 Fifth Ave, San Rafael, CA 94901

4. The nature of City’s interest in the Project is:
__ Fee Ownership __ Lessee X Other Public Right of Way Easement

5. Construction work on the Project performed on City’s behalf is generally described as follows: Pavement rehabilitation, pedestrian and bicycle safety improvements, curb ramps and intersection improvements, utility infrastructure updates, intersection lighting and traffic signal upgrades, and reconfiguring the roadway on Grand Ave between 2nd Street and 4th Street.

6. The name of the original Contractor for the Project is: Ghilotti Bros., Inc. located at 525 Jacoby St, San Rafael CA 94901

7. The Project was accepted as complete on: July 15, 2024

8. The Project is located at: Grand Ave., San Rafael CA 94901 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
April Miller, Director of Public Works
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Adeel Shaikh, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: LARGE TRASH CAPTURE DEVICE PROJECTS
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICES

AGREEMENTS TO PROVIDE DESIGN SERVICES FOR LARGE TRASH CAPTURE DEVICES WITH:

1. SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS (S&W) IN THE AMOUNT NOT TO EXCEED $476,565, AND

2. BKF ENGINEERS (BKF) IN THE AMOUNT NOT TO EXCEED $421,300.

RECOMMENDATION:

Staff recommends the following:

1. Authorize the City Manager to enter into a Professional Services Agreement with Schaaf & Wheeler Consulting Civil Engineers (“S&W”) to provide design services for large trash capture devices at three locations, in the amount not to exceed $476,565.

2. Authorize the City Manager to enter into a Professional Services Agreement with BKF Engineers (“BKF”) to provide design services for large trash capture devices at two locations, in the amount not to exceed $421,300.

BACKGROUND:

On April 7, 2015, the State Water Board adopted an amendment to the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) and an amendment to the Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (“ISWEBE Plan”). The two amendments are collectively referred to as the “Trash Amendments.” The main objectives of the Trash Amendments are (1) to provide statewide consistency for the Water Boards' regulatory approach, (2) to protect aquatic life and benefit public health and (3) to reduce environmental issues associated with trash in state waters, while focusing limited resources on high trash generating areas.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The City of San Rafael is required to demonstrate 100 percent compliance with the Trash Amendments by December 1, 2030. Full compliance with the Trash Amendments requires the City to install, operate, and maintain State-certified, Full Capture System (“FCS”) devices that capture all trash that are 5 millimeters or greater in size from defined Priority Land Use (“PLU”) areas. PLU areas include all industrial, commercial, mixed-use, high-density residential, and public transportation station areas.

County of Marin staff that are part of the Marin Countywide Stormwater Pollution Prevention Program (“MCSTOPPP”) have been assisting municipalities to comply with the Trash Amendments by completing feasibility studies and conceptual designs, and by securing funding for design and construction of trash capture projects. The City of San Rafael will receive $906,653 in funding from MCSTOPPP through a U.S. Environmental Protection Agency (“EPA”) San Francisco Bay Water Quality Improvement Fund (“WQIF”) grant for the design and environmental permitting of large trash capture devices at the following five (5) locations:

1. SR-108 (Irwin St & Francisco Blvd W)

2. SR-129 (Redwood Hwy)

3. SR-143 (Rossi Pump Station)

4. SR-002 (Canal Pump Station)

5. SR-110 (San Quentin Pump Station)
ANALYSIS:

The City released a Request for Proposals (RFP) for this project on June 13, 2024. The RFP described the selection criteria and process, including the potential for entering into separate professional services agreement with one or more consultants for the design of the large trash capture devices (TCD) and selecting consultant(s) for specific TCD locations based on consultant qualifications.

On July 11, 2024, the City received two (2) proposals from qualified firms for all five (5) TCD locations, excluding cost estimates. Each proposal was evaluated by a selection committee, consisting of City and MCSTOPPP staff, based on criteria specified in the RFP, including, but not limited to, completeness of the proposal, relevant experience and success in similar projects, experience and quality of project team, understanding of the project scope of work, ability to meet deadlines and operate within budget, and references by former clients on similar projects.

After reviewing the proposals, both firms were invited to participate in a video conference interview with the selection committee. The committee found both firms and their sub-consultants to be well qualified consultant teams for the large TCD projects and selected consultants for specific TCD locations based on consultant qualifications. City staff recommends awarding the design and permitting of trash capture devices at three (3) of the locations, namely SR-002, SR-129, and SR-143, to S&W and the remaining two (2) of the locations, namely SR-108 and SR-110, to BKF. Cost proposals were requested from each consultant for their respective TCD locations.

The recommended professional services agreements with S&W and BKF will provide professional services associated with developing designs for the respective TCDs, including project management, preliminary engineering, design, and environmental compliance and permitting.

FISCAL IMPACT:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The Large Trash Capture Device Projects are identified in the 2024-25 Capital Improvement Program.

The two professional services agreements, totaling $897,865, will be funded with the appropriations included in the FY 2024-25 Budget (Stormwater Fund - #205) approved by the City Council on June 17, 2024. Underlying funding sources for these projects include $906,653 in EPA WQIF grant funding, which will be used to reimburse the City for work performed under the two professional service agreements.

OPTIONS:

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

1. Authorize the City Manager to enter into the agreements as recommended.

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

RECOMMENDED ACTION:

Staff recommends the following:

1. Authorize the City Manager to enter into a Professional Services Agreement with Schaaf & Wheeler Consulting Civil Engineers (“S&W”) to provide design services for large trash capture devices at three locations, in the amount not to exceed $476,565.

2. Authorize the City Manager to enter into a Professional Services Agreement with BKF Engineers (“BKF”) to provide design services for large trash capture devices at two locations, in the amount not to exceed $421,300.

ATTACHMENT:

1. Agreement with Schaaf & Wheeler Consulting Civil Engineers (S&W) for large trash capture design services for three locations

2. Agreement with BKF Engineers (BKF) for large trash capture design services for two locations Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS

FOR LARGE TRASH CAPTURE DESIGN 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 SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS, 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 (“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 $476,565.

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 March 1, 2027.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Adeel Shaikh 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. Caitlin Tharp 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. CONSULTANTshall 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:

Adeel Shaikh, Junior Engineer
111 Morphew Street
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Caitlin Tharp
4699 Old Ironside Dr, Ste 350
Santa Clara, CA, 95054

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 under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08.22 6
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: ROBERT F. EPSTEIN,
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.

Principal Project
Manager
Senior Project
Manager
Senior Engineer
Assistant
Engineer
CAD Designer
$295 $270 $250 $200 $175
Task 1 Project Management 40 0 0 8 0 $13,400 $0 $0 $0 $0 $0 $13,400 24 $7,080 $7,080
8 8 $3,960 $3,9608 $2,360 $2,360
Task 2 Preliminary Engineering 19 2 8 156 12 $41,445 $2,700 $51,500 $20,000 $0 $0 $115,645 2 2 $990 $990
2 4 $1,390 $2,700 $20,000 $24,090
$0 $0

2.4 Geotechnical Investigation for Site 002 4 4 $1,980 $51,500 $53,480 4 8 100 $23,180 $23,180
3 6 $2,085 $2,085
4 2 40 12 $11,820 $11,820
Task 3 Design (assumes one bid package for all three sites) 36 16 0 400 72 $107,540 $0 $5,000 $0 $40,000 $0 $152,540 4 3 76 $17,190 $17,190
16 6 140 32 $39,940 $2,000 $9,100 $51,040
8 3 100 24 $27,370 $2,000 $18,000 $47,370

3.4 100% Design Package, including Canal 002 Piles 4 3 64 16 $17,590 $1,000 $12,900 $31,490

3.5 O&M Plan 2 1 12 $3,260 $3,260
2 8 $2,190 $2,190
Task 4 Environmental Compliance and Permitting 22 0 0 64 0 $19,290 $0 $0 $0 $0 $107,680 $126,970 4 4 $1,980 $11,525 $13,505
2 4 $1,390 $40,895 $42,285

4.4 Permit Applications 4 16 $4,380 $55,260 $59,6404.5 CEQA Catex; no additional work needed $0 $04.6 Caltrans TMDL Compliance Report 4 16 $4,380 $4,380 8 24 $7,160 $7,160
Task 5 Bid Support Services (Optional) 12 3 0 15 6 $8,400 $0 $0 $0 $3,500 $0 $11,900 6 12 6 $5,220 $3,500 $8,7206 3 3 $3,180 $3,180
Task 6 Construction Support Services (Optional) 38 0 0 66 0 $24,410 $0 $4,700 $0 $17,000 $0 $46,110 12 8 $5,140 $5,14010 20 $6,950 $4,700 $11,650
10 30 $8,950 $17,000 $25,950
6 8 $3,370 $3,370
Task 7 Optional Services 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $10,000 $0 $10,000 $10,000
Total 167 21 8 709 90 $214,485 $2,700 $61,200 $20,000 $60,500 $107,680 $476,565

1.2 Meetings with Agenda's and Minutes1.3 Schedules
Hourly Rates
Total

1.1 Invoicing
Cost Proposal for
Canal SR-002, Redwood Hwy SR-129, Rossi SR-143
Schaaf & Wheeler
Total
Kier + Wright
Shannon Wilson
Bess Testlab
Peoples Structural
NCE

2.1 Field Visit2.2 Utility Research, GPR and Potholing for Site 0022.3 Boundary Research and Topographic Survey SR-129 and SR-0022.7 35% Concept Design for Site 0023.1 Basis of Design Report2.5 Hydraulic Modeling & Pump Station Hydraulic Analysis2.6 Cost Estimates3.2 65% Design Package, including Canal 002 Piles3.3 95% Design Package, including Canal 002 Piles3.6 Utility Coordination Site 0024.1 Meetings & Project Management4.2 Technical Studies: biological, cultural, aquatic resources4.7 Caltans Encroachment Permit Site SR-1295.1 Prepare RFI response and addenda5.2 Review and Recommend Bids6.1 Meetings (8 total)6.6 Punch List Final Walk (3 sites)6.3 Submittal Review (10 total)6.2 RFI Response (5 total)7.1 Geotechnical Boring Hot Patch Site 002 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 reservesthe 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.

Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

BKF ENGINEERS

FOR LARGE TRASH CAPTURE DESIGN 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 BKF ENGINEERS, 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 July 29, 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 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed v 08.22 2
$421,300.

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 March 1, 2027.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Adeel Shaikh 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. Roger Chung 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. CONSULTANTshall 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:

Adeel Shaikh, Junior Engineer
111 Morphew Street
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Roger Chung
255 Shoreline Drive, Ste 200
Redwood City, CA, 94065

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 under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08.22 6
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: ROBERT F. EPSTEIN,
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.

PIC SPM SPE PE DE EA 2MC Expenses
hrs hrs hrs hrs hrs hrs hrs hrs Fees hrs Fess

1. Project Management
Meetings (5 Total, Virtual) 2 8 8 18 $4,500 18 $4,500
Project Management and Coordination 4 40 6 50 $12,444 50 $12,444

2. Preliminary Engineering

2.1 Utility Locating (SR-110) 12 8 20 $2,888 $1,650 20 $4,538

2.2 Topographic Surveying and Boundary Reseach (SR-108/SR-110/SR-129/SR-002) 2 3 9 32 20 66 $16,137 66 $16,137

2.3 Geotechnical Investigation (SR-108/SR-110) 4 4 $1,060 $52,140 4 $53,200

2.4 Hydraulic Flooding Impact Analysis (SR-108/SR-110) 8 24 40 40 112 $22,048 112 $22,048

2.5 Caltrans Review Submittal (SR-110) 2 8 18 20 48 $10,120 48 $10,120

2.6 35%-Level Concept Drawings and Cost Estimate (SR-110) 12 24 56 64 80 236 $48,496 236 $48,496

3. 65%-Level Engineering Plans, Specifications and Estimates (SR-110) 2 14 32 60 128 236 $44,878 236 $44,878

4. Enivronmental Compliance and Permitting (SR-108/SR-110) 2 8 10 $2,724 $97,790 10 $100,514

5. Utility Potholing (SR-108/SR-110) - Assumes 4 potholes 2 3 4 9 $1,795 $27,500 9 $29,295

6. Prepare Traffic Contol Plans (SR-108/SR-110) 1 6 40 40 87 $16,492 87 $16,492

7. 95%-Level Plans, Specifications and Estimates (SR-108/SR-110) 2 12 24 24 40 102 $20,592 102 $20,592

8. 100%-Level Plans, Specifications and Estimates (SR-108/SR-110) 1 8 16 20 24 69 $13,954 69 $13,954 30 145 187 251 420 14 20 1067 1,067
$9,060 $38,425 $41,514 $48,945 $71,400 $1,484 $7,300 $218,128 $179,080 $397,208

9. Engineering Support Serives During Bid Process (Optional) 1 8 12 21 $5,086 $2,200 21 $7,286

10. Construction Support Services (Optional) - 4 meetings/5 submittals/5 RFIs 3 14 20 20 57 $12,956 $3,850 57 $17,191 4 22 32 20 0 0 0 78 78
$1,208 $5,830 $7,104 $3,900 $0 $0 $0 $18,042 $6,050 $24,092 RATES ($/Hr): $302 $265 $222 $195 $170 $106 $365
BKF Classification Descriptions:

PIC = Principal in Charge
SPM = Senior Project Manager
PE = Project Engineer (Engineer II)
2MC - Two-Man Survey Crew

GRAND TOTAL FEES

OPTIONAL TASKS TOTAL HOURS

OPTIONAL TASKS TOTAL FEES
Tasks Description
Total Fees Task Total

GRAND TOTAL HOURS
City of San Rafael
Design of Large Trash Capture Devices (City File No. 08.02.292) SR-108/SR-110 Survey for SR-108/SR-110/SR-129/SR-002 July 29,2024

ESTIMATED FEES & EXPENSES
BKF Engineers
\\Bkf-nb\vol4\2024\241377_San_Rafael_Design_of_Large_Trash_Capture_Devices\DOC\00-Pursuit\B-Proposal\07-Fees\241337_SRF_LTC_Fee.xls 7/31/2024 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 reservesthe 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. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.a
Meeting Date: August 19, 2024

SAN RAFAEL COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski,
Assistant City Manager
Mel Burnette,
Homelessness and Housing Analyst
Bernadette Sullivan,
Senior Management Analyst
City Manager Approval: ______________
TOPIC: PROPOSED CAMPING ORDINANCE AMENDMENTS, AND INFORMATIONAL

REPORT ON HOMELESSNESS, INCLUDING SANCTIONED CAMPING

PROGRAM, HOMELESS PROGRAM CONTRACTS AND APPROPRIATION OF FUNDS
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 19.50 -- CAMPING ON PUBLIC PROPERTY, AND
RESOLUTION APPROPRIATING $2,256,400 FROM THE GRANTS FUND 283

TO SUPPORT THE INITIAL COSTS AND CONTRACTS ASSOCIATED WITH

THE SANCTIONED CAMPING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN THE AMOUNT OF $2,002,400 FOR THE FIRST PHASE OF THE ENCAMPMENT RESOLUTION FUND ROUND 3 (ERF3) GRANT PROGRAM AND OTHER HOMELESSNESS PROGRAM

SERVICES
RECOMMENDATION:

1. Waive reading and introduce Ordinance amending San Rafael Municipal Code Chapter

19.50 -- Camping on Public Property

2. Adopt the resolution appropriating $2,256,400 from the Grants Fund 283 to support the initial costs and contracts associated with the sanctioned camp program and authorizing the City Manager to execute contracts in the amount of $2,002,400 for the first phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness program services.

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

National and Local Dynamics
Homelessness remains a significant challenge across the United States, and San Rafael is no exception. According to the U.S. Department of Housing and Urban Development’s 2023 Annual Homelessness Assessment Report (AHAR) to Congress, approximately 653,104 individuals nationwide were affected by homelessness. Among these, 143,105 were chronically homeless, marking a 65% increase since 2017. California alone accounts for more than 180,000 homeless individuals, with 67,510 being chronically homeless, reflecting an 88% rise over the same period.

Alarmingly, two-thirds of California's homeless population were unsheltered, comprising half of all unsheltered homeless individuals nationwide.

In Marin County, the 2024 Point-in-Time Count revealed a count of 1,090 individuals experiencing homelessness, 788 of whom are unsheltered and 217 chronically homeless. The total count showed a 2.77% decrease from the 2022 count of 1,121. While local data for San Rafael from the 2024 count is still unavailable, the City reported 348 homeless individuals during the 2022 Pointin-Time Count. According to a December 2023 survey of homeless individuals residing in the Mahon Creek Path area encampment, 90% of encampment residents have lived in the area for more than a year, and almost two-thirds have resided in San Rafael for more than a decade.

Several factors contribute to homelessness in San Rafael and beyond. The lack of affordable housing coupled with stagnant wages means that 42% of Marin renters spend more than 35% of their income on rent. The availability of shelter beds in Marin County is consistently limited as there are approximately 291 beds available for 1,090 individuals. However, there have been significant strides in addressing homelessness: since 2017; the County of Marin has housed 737 chronically homeless individuals. 94% of these individuals have remained housed due to ongoing support services and rental subsidies. Efforts to house veterans have also been significant, with 111 veterans housed during this same period.

The City of San Rafael’s Camping Regulation Constraints - Year in Review In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San Rafael Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the then-governing Martin v. Boise decision. Shortly after the City adopted its new ordinance amendments, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act (ADA) claims and other legal theories, in particular that the City’s camping ordinance constituted a “state created danger”. In response, the court entered a temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s ability to enforce its own local camping regulations.

During the period of the preliminary injunction, the City’s ability to regulate the Mahon Creek Path Area encampment became significantly constrained. However, the City still took action utilizing other regulatory avenues to mitigate the broader public health and safety impacts of the encampment on the surrounding community. For example, in October and November 2023, the City enforced its fire code to abate the fire risks associated with the then proliferation of wooden pallets and illegal wooden structures in the Mahon Creek Path Area encampment.

In December 2023, the City Manager issued an order prohibiting camping along Lindaro Street and issued an additional order prohibiting new camping in the Mahon Creek Path Area encampment. During this time, the City also held a services and outreach fair and surveyed individuals experiencing homelessness in the encampment to better understand their service SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
needs. This information was instrumental in the development of the Encampment Resolution Fund 3 grant the City and County of Marin jointly applied for and received, and which is discussed further in this report.

From December 2023 to February 2024, the City attempted in good faith, to implement the Camping Ordinance under the restrictions and direction issued by the Federal District Court.

Through this multi-month effort, the City attempted to work with the California Homeless Union and members of the Mahon Creek Path Area encampment to designate campsites and establish voluntary compliance with the direction of the Court. This work was ultimately abandoned as we were not able to achieve the level of cooperation needed in order for that approach to be effective.

The City then refocused its attention towards amending the camping ordinance to address the concerns of the court, and to create a regulatory framework that we could use to mitigate impacts of the encampments.

Additionally, the City, on three separate occasions during the Spring and early Summer of this year participated in settlement conferences to attempt to settle the Boyd case. These efforts did not result in a settlement between the City and the California Homeless Union.

In May 2024, the City Council voted to further amend Chapter 19.50, by adopting Ordinance 2035, to address the concerns expressed by the Federal District Court in its injunction order. The amended Ordinance made several key changes:

1. Campsite Size Restrictions: Campsites can now be up to 200 sq. ft. for one person and 400 sq. ft. for up to four people camping together, doubling the space allowed in the prior ordinance.

2. Proximity and Safety Buffers: Campsites must maintain a 10-foot clearance area around each site and a 10-foot setback from other campsites, public utility infrastructure, or neighboring private properties. The previous requirement of 200 ft spacing between campsites was eliminated.

3. Proximity to Schools: Camps must be located a minimum of 250 ft from the property line of any preschool or K-12 school.

4. Enforcement Provisions: Enforcement will only take place after individuals in violation receive notices and opportunities to comply, reflecting a commitment to a compassionate and balanced approach.

Recent Legal Actions Providing the City with the Ability to Enforce Camping Regulations Latest Supreme Court Decision
On June 28, 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson. Since 2018, Martin v. Boise (a prior Ninth Circuit decision upon which Grants Pass was based) had significantly limited local government’s ability to regulate homeless encampments and has created a slew of lawsuits brought upon local government agencies. Applying Martin, the Ninth Circuit had held that the City of Grants Pass violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States Constitution by prohibiting camping on public property when the City could not establish that there was enough alternative shelter available to accommodate the number of individuals experiencing homelessness in the community. The Supreme Court rejected this Eighth Amendment theory.

While the Supreme Court’s decision provides local governments with more flexibility in addressing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
issues related to individuals experiencing homelessness, it only directly addressed one of the many legal theories homeless advocates have raised in lawsuits against cities, including San Rafael.

The Martin decision in 2018 spawned substantial litigation throughout California and elsewhere in the Ninth Circuit as cities attempted to enforce public camping ordinances. San Rafael itself has been sued multiple times, most recently in Boyd v. City of San Rafael.

Previous versions of the City’s Camping Ordinance were drafted in a manner that complied with the Ninth Circuit’s Grants Pass decision. Thus, when the Supreme Court ruled earlier this year, there was little to no immediate impact on the City. At that time, the City’s ability to enforce the Camping Ordinance was limited by the preliminary injunction issued in the Boyd lawsuit. That injunction was not based on Grants Pass nor the Eighth Amendment. Rather, the injunction was based on claims brought under the state-created-danger doctrine via the Fourteenth Amendment, and under the Americans with Disabilities Act.

In light of the Grants Pass ruling, the City now has the ability to amend the Camping Ordinance to allow for more flexibility for the City in terms of enforcement and the prohibition of camping in particular locations when the City Council or City Manager deems a location inappropriate for camping. These amendments are contemplated in a proposed amended camping ordinance, discussed further in this staff report.

Recent Governor Newsom Executive Order
On July 25, 2024, Governor Newsom issued an Executive Order instructing State agencies to prioritize the humane removal of encampments, including conducting site assessments, providing advance notice, offering outreach services, and personal property storage for at least 60 days.

The order encourages local governments to follow these same guidelines which the City is seeking to align with, as discussed further in this staff report.

Dismissal of Boyd Lawsuit
This past July 2024, the Federal District Court heard the City’s motion to dismiss the Boyd case and on August 7, 2024, the Court granted the City’s motion to dismiss and dissolved the injunction.

The Court held that the City’s amendments to Chapter 19.50 adequately addressed the legal concerns raised by the plaintiff’s lawsuit and the Court.

The City of San Rafael remains committed to finding solutions that honor the dignity of every person living in San Rafael, while at the same time preserving the accessibility and cleanliness of shared public spaces something that is crucial for the well-being of everyone who calls San Rafael home.

Additional City Actions Taken to Address Impacts of Homelessness The City has undertaken many actions and made significant investments towards addressing homelessness. In recent years, the City’s affordable housing trust fund has invested more than $3M for supportive housing developments, such as the 3301 Kerner and Jonathan's Place projects. The City has also utilized $250,000 in state encampment resolution fund grants to expand case management services in partnership with the County of Marin.

The City’s SAFE (Specialized Assistance for Everyone) team, a mobile mental health crisis response unit operated by Petaluma People Services Center, addresses various crises and provides critical support, operating twelve hours a day, seven days a week. The City has allocated SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
$775,000 for the next three years for the initial pilot program to fund this critical service. In Fiscal Year 2023-24 the SAFE Team responded to 3,099 calls for service, with more than half of those calls responding to assist an individual experiencing homelessness.

Other efforts include high utilizer case management programs, mobile showers and laundry services provided by WeHope, and fully dedicated Community Mental Health Liaison who works for the San Rafael Police Department. The City’s Housing and Homelessness Division oversees several programs, including the Downtown Streets Team, which offers cleanup crews and job training. The City has only three full time employees dedicated to homelessness services, all of which are funded by the City’s General Fund. The City does not receive any direct, ongoing funding from the State or Federal government to support this work.

Last year, the City worked with Davidson Middle School to provide additional security services for children walking to and from the school in close proximity to the Mahon Creek Path Area encampment. In addition, the City took steps to successfully close Lindaro Street to camping, to provide children with a clear path to walk to school. Looking ahead at the 2024-25 school year, the City will be coordinating with Davidson Middle School and the San Rafael City School District to ensure there remains a safe route to school for children.

San Rafael’s multifaceted and collaborative efforts underscore a commitment to addressing homelessness through both immediate and long-term solutions.

ANALYSIS:

Proposed Camping Ordinance Amendments
Considering the recent Grants Pass decision and the administrative burden associated with the proliferation of illegal structures being constructed in City parks and public rights of way, staff recommends the City Council adopt an amended ordinance (Attachment 1) further amending the City’s regulation of camping on public property. The proposed amendments include the following:

1. Grant’s Pass Amendments: Provides the City with greater flexibility to either prohibiting camping and/or adopting time, place or manner conditions on camping on public property.

2. Unpermitted Structures and Building Materials: Clarifies that no person shall occupy, construct, or erect on public property or affix or tie to public or private property any building, shed, shack, fence, or other structure made of building material or store any building material on public property for camping.

This provision further clarifies that fabric tents, fabric tarps, or other similar nonpermanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed to tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item into unimproved ground on public property.

3. Additional Safety Setbacks: Campsites would be required to be at least 5 feet from the edge of roadway pavement. This is to ensure that campers are a safe distance from passing traffic and that their belongings do not impede the flow of traffic.

4. Updated Enforcement Provisions: The enforcement of this amended ordinance proposes to align with the provisions in Governor Newsom’s recent Executive Order.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Generally, the City will provide individuals with a 48-hour notice to cure the violation of the Camping Ordinance. However, the City will require immediate removal/abatement when the encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action.

For violations relating to unpermitted structures and building materials, the proposed ordinance now permits the City to tag the structure with a notice to remove it from public property within 48 hours, again aligning with the Governor’s recent Executive Order. If the noticed structure is not removed within that timeframe, the City may immediately remove such structure and restore the public property. This would allow the City to remediate unpermitted structures in a much more efficient manner than the administrative hearing process the City currently has had to ulitize to abate unpermitted structures.

It is important to note that the City maintains a standard practice whereby, the City first seeks voluntary compliance and works with its non-profit community service provider partners to provide additional notice and outreach, and where available, offers assistance to affected persons including but not limited to providing new tents and sleeping bags.

5. Streamlined Definitions: The proposed amended ordinance consolidates the term “Camp Facility” into the term “Camp paraphernalia.” Now “camp paraphernalia” is defined as implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, camp facilities, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment, with the underlined portion representing the prior “Camp Facility” term. The definition for “public-right-of-way” now states the definition found in San Rafael Municipal Code Section

11.04.020(K)
Illegal Structure Enforcement Actions Completed & Underway The City has been pursuing separate enforcement efforts aimed at addressing the proliferation of illegally constructed structures within the public right of way (SRMC 11.04.030.010) and in City parks (SRMC 19.20.080(Q-R)). Code Enforcement staff recently conducted inspections of encampment areas along Andersen Drive between Irwin Street to Rice Drive, the Mahon Creek Path, Andersen Drive adjacent to Mahon Creek Path, and Francisco Boulevard West between Mahon Creek and Irwin Street. Staff issued notices to remove encampment structures and fences that violated parks and encroachment codes. City Staff noticed 49 sites and gained compliance or abated violations in 42 cases, with 7 still working through a cumbersome administrative hearing process.

All structures that have been the subject of the administrative hearing process have been ordered to be removed by the City's appeal hearing officer, Hon. Beverly Wood (Ret.). The cleanup has included: 16 tons of debris removed on June 20, 2024, from Andersen Drive at Rice & Irwin; and 15 tons of debris removed on July 3, 2024, from Francisco Blvd West. City Staff provided replacement tents to all individuals who had been residing in the removed structures on public property. Boulders were placed along Francisco Blvd. and the area remains clear of camping.

During this and other enforcement actions, the City provides for the storage of personal property for up to 90 days, in accordance with the City’s guidelines for removal and storage of unattended personal property. To note, the City cannot legally deprive someone of their personal property without providing “due process of law.” One element of due process is adequate notice. If an individual is present when debris removal/clean-up efforts are occurring, they can be given a SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
choice of taking their personal belongings with them or abandoning them. But if an individual is not present, case law requires that the City either post a notice on the site before disposing of the personal property or post the site with a notice that all property has been seized and stored so that the individual can retrieve the property within a reasonable time frame.

Current Camping Ordinance Enforcement Plan
With the dismissal of the Boyd lawsuit, the City is focusing its urgent attention to addressing the significantly deteriorated conditions throughout the Mahon Creek Path Area encampment, including Anderson Drive.

In addition to the ongoing structure enforcement activities the City has taken in recent weeks, the City is now engaged in a multi-week effort to bring the Mahon Creek Path and surrounding areas into compliance with the current camping ordinance.

The City's approach to enforcement is described below in four phases:

Phase One: Menzies Parking Lot Enforcement (Week of August 12) In July 2023, the City Manager issued an Administrative Order temporarily prohibiting camping in or on the non-Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot. This notice was extended in perpetuity on October 2, 2023.

On Tuesday, August 13, 2024, the City Manager lifted the Administrative Order prohibiting camping on the non-open space portions of the Menzies Parking Lot only. With that Order lifted, the City’s Camping Ordinance is now in effect for this property. The Camping Ordinance prohibits camping within 250 feet of a school and the Menzies property is within 250 feet of Marin Academy.

Given this, the City issued a three-business day notice to the remaining individuals camping at the Menzies Property requiring them to move off of the property. The City will seek to fully restore the property to its original intended purpose by Monday, August 19.

Meanwhile, camping on the Falkirk Cultural Center Property remains prohibited by the Administrative Order.

Phase Two: Restoration of Emergency Vehicle Access on Mahon Creek Path (Week of August 12)
The City is currently noticing all individuals who are currently obstructing the Mahon Creek Path and blocking emergency vehicle access. The City will seek voluntary compliance from individuals, however the City will need to deploy additional resources and waste hauling contractors to haul away a significant number of materials, waste, and other refuse to restore emergency vehicle access. These individuals will need to then comply with the Camping Ordinance by Monday, August 19.

Phase Three: Campsite Size and Private Property Line Setback Compliance (Week of August 19th)
Following the cleanup and compliance efforts of the first two phases, the City will then begin to enforce the regulations where violations occur of the Camping Ordinance’s campsite size maximums and setback requirements, most notably the 250 feet from schools, and the 10-foot setback from private property lines and other campsites.

Phase Four: Camping Ordinance Compliance Check (Weeks of August 26 and September 2, and ongoing)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
Following the first three phases of this effort, the City will assess the entire Mahon Creek Path Area encampment, as well as all other camp sites in the City, and begin enforcing sites that have fallen out of compliance with the Camping Ordinance. This process will continue on an ongoing basis to ensure full compliance with the City’s regulations.

Enforcement activities will be conducted in compliance with SRMC 19.50.050. This means that the City will provide written notices to individuals, providing 72-hours for them to comply with the Camping Ordinance. Those who do not comply by the end of that period will have their campsite abated by the City and its contractors. Throughout this process, the City will engage with nonprofit service providers to support impacted individuals. The City will also provide replacement tents when necessary.

The amended ordinance (Attachment 1) proposes to reduce the noticing period to 48 hours and allows the city to require an individual experiencing homelessness to immediately comply with the ordinance when an encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the encampment. Should the City Council adopt the amended ordinance, these provisions would take effect 30 days from the second reading of the ordinance which would take place at the September 3, 2024, Regular City Council meeting. Until such time we must apply the regulations as defined in SRMC 19.50.050.

Until that time, the City must abide by the existing regulations notes above.

Sanctioned Camping Program
State Encampment Resolution Fund (Round 3) Grant Programs.

The California lnter-agency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of:

• Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; and • Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and • Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments.

The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April 2024, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding, specifically to jointly address San Rafael’s Mahon Creek Path Area Encampment.

The Mahon Creek Path Area encampment includes two branch areas along the Mahon Creek Path and Andersen Drive from Lindaro Street to Rice Drive, as well as a previous branch area on Francisco Boulevard West between Mahon Creek and Irwin Street. At the time of the application, an estimated 65 individuals were residing in the Mahon Creek Path Area encampment. The project is designed to provide help and support to these individuals.

The proposed programs to assist individuals experiencing homelessness at the Mahon Creek Path Area Encampment will be conducted in partnership with the County of Marin’s Department of Health and Human Services (HHS). HHS will contract one full-time equivalent (FTE) outreach worker and three FTE Housing-Based Case Managers (HBCM). These staff members will be dedicated to connecting 65 encampment residents to individualized case management, interim SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
and permanent housing, rapid re-housing subsidies, and other supportive services, with the goal of ending homelessness for these residents and returning the Mahon Creek Path to its originally intended public use.

Additionally, the grant seeks to fund two program phases. In the first phase, the City will establish a sanctioned camping program and make safety/sanitation improvements to the area. This phase will operate as a low-barrier, housing-focused safe sleeping site, and is described in detail below.

Overview of Sanctioned Camping Program
Utilizing the State ERF3 grant funds, the City will establish a sanctioned camping area program along the northern portion of the Mahon Creek Path. The City is proceeding with this location for a number of reasons.

Individuals experiencing homelessness have been camping in this area in recent years. When the City banned camping at Albert Park, members of that encampment relocated to the Mahon Creek Path Area, including a portion of Lindaro Street. In December of last year, the City then banned camping along Lindaro Street due to it being a school route, resulting in more individuals moving to the nearby Mahon Creek Path and along Andersen Drive.

ERF3 grant requires that the funds are used to provide alternative shelter in the general proximity of the existing unsanctioned Mahon Creek Path Area encampment. Given this, the City’s ability to establish the sanctioned camping site is constrained. Furthermore, the City does not own land elsewhere that is suitable for this type of program, and the City’s diligent year long search for a privately property alternative location for interim/transitional housing sites did not yield results.

Lastly, service providers recommend that the City provide a site that individuals can walk to access services and food, and to provide a location that reduces disruption to those currently camping in the area.

The proposed sanctioned camping area will be open to individuals identified as residing in the Mahon Creek Area encampment prior to January 31, 2024 (the submission date of the ERF3 grant application). The sanctioned camping area will include up to 47 tent sites for enrolled participants and be located on the northern portion of the Mahon Creek Path (between Francisco Blvd. West and Lincoln Ave.). City staff anticipate the sanctioned camping area will operate for approximately 12-18 months. The goal of the program is to support these individuals on their path to housing.

Participation in the sanctioned camping area is voluntary and individuals will be prioritized based on the following criteria (in rank order):

1. Plaintiffs in Boyd v. City of San Rafael

2. VI-SPDAT1 Score

3. Length of time residing in the Mahon Creek Path Area encampment

4. Previous participation in the City’s Service Support Area In advance of this, the City will provide notice to all Mahon Creek Path Area encampment residents regarding the new sanctioned camping program, including details on how to register to participate, the code of conduct required to participate, and the requirements for individuals on 1 VI-SPDAT stands for the Vulnerability Index – Service Prioritization Decision Assistance Tool which is designed as a pre-screening or triage tool used by all providers within a community to develop deeper understanding of the needs of people experiencing homelessness and help make prioritization decisions for housing.

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the northern portion of the path to work with the City to replace their tents and to adjust their location to an approved camping spot.

The City will also create a no-camping buffer along the southern portion of the Mahon Creek Path.

This is a best practice and seeks to limit individuals from camping near the program to take advantage of its services and/or to engage in disruptive behavior that is counter to the mission of the program. Individuals who are camping in the buffer zone and who do not participate in the program will be permitted to camp elsewhere in the City subject to the Camping Ordinance.

The following items outline the proposed temporary infrastructure, service provision, community engagement, and reporting on outcomes.

Sanctioned Camping Site Preparation and Temporary Infrastructure:

1. Safety and Security:
a. Gates - The northern Mahon Path Area, shown in Attachment 7, will be gated on the Lincoln Avenue and Francisco Boulevard West entrances. Both gates will have an Americans with Disabilities Act (ADA) compliant pedestrian entrance, as well as emergency vehicle access.
b. Fencing - Chain link fencing will surround the sanctioned camping location and will be increased to a height of 8 feet.
c. Security Guards – 24/7 security personnel will be on-site to assist with resident safety, uphold the no-visitor policy of the camping location, notify emergency services as needed, and monitor the overall location. Two guards will be stationed at each entrance and a third will regularly walk throughout the camping area at certain times during the day.
d. Fire Prevention – Fire extinguishers will be placed in outdoor cabinet locations throughout the sanctioned camping area. The San Rafael Fire Department will conduct fire safety inspections on a regular basis throughout the camping area.

2. Living and Meeting Spaces:
a. Campsites: The proposed program contemplates up to 47 total campsites, including tent size dimensions of both 7’x7’ and 10’x10’. Participants residing in 7’x7’ tents will be provided with a storage locker to remain directly outside of their tent for additional storage. Campsites will be placed no less than 6 feet apart within the managed camp location.
b. Temporary Office & Staff Storage Units – Up to two small office units will be placed on-site to be used by housing case managers and outreach staff. One temporary storage container unit will be placed to offer staff a location to store replacement equipment and necessary essentials. The office units may be added later pending the required electrical utility access.
c. Meeting Space Canopies: Shade canopies will be set up to provide meeting spaces for residents, as well as on-site staff.

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3. Sanitation:
a. Portable Restrooms with Handwashing Stations - Four standard restroom units and two ADA compliant units will be provided for residents. One restroom will be reserved for security and on-site staff use.
b. Garbage Pickup – Garbage dumpsters will be internally placed at the camping area gates, as well as trash bins throughout the site. Garbage pickup service will be provided regularly by Marin Sanitary Service. Additionally, participants will only be able to keep items inside their campsite areas and not add additional items to the exterior of their tents. On-site staff will work with residents on maintaining their immediate campsite.
c. Designated Areas:
i. Smoking Area: A designated smoking area will be provided to ensure smoking is safe and restricted to a managed location. Collection receptacles will be located in this area.
ii. Pet Use Area: An area will be designated for pet use to accommodate residents with dogs. Appropriate bags and garbage facilities will be placed in this area.

Services Provided at the Sanctioned Camping Area:

1. Housing Case Management and Outreach: Marin County Health and Human Services will contract with a housing case management provider to have three full-time housing case management staff and one full-time outreach worker dedicated to the Mahon Creek Path Area encampment through ERF3 funding. Participants enrolling in the sanctioned camping program may already be working with a housing case manager from a different agency and may still be eligible for a campsite based on their status as a Mahon Creek Path Area resident prior to January 31, 2024. Eligible participants choosing to enroll in the sanctioned camping program without a current housing case manager will be assigned to an ERF3 staff caseload.

2. Weekly Shower Service: the City and County of Marin will continue to partner with WeHope Mobile Homeless Services to provide weekly shower service to the sanctioned camping area.

3. SAFE Team: The San Rafael SAFE Team will be available with their services to the community including: emergency response for issues relating to mental health and addiction, as well as non-emergency response for people in need.

4. Code of Conduct: Participants will be required to sign and abide by a code of conduct (Attachment 8). This code of conduct details the rules and expectations of participants.

Community Engagement:

1. Community Stakeholder Zoom Meetings: City Staff and Defense Block Security contractors will host regular meetings starting two weeks prior to sanctioned camping program participant enrollment. These meetings will provide updates on site developments to the surrounding business community and offer a time to address questions and concerns to both City staff, service providers, the Marin County Lived Experience Board, and the community.

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2. Staff Contact Availability: City Staff, Defense Block Security contractors, and County of Marin HHS staff will be available to discuss concerns regarding the sanctioned camping area as they arise. Contact information will be provided via QR code on signs posted at the sanctioned camping area gate locations and on the City’s website.

Monitoring and Evaluation:

1. Security Reporting: Defense Block Security shall complete reports for all incidents or significant interactions with residents, community members, staff members, and for any unusual or general emergency situations. Daily reports will be made available to designated City staff for oversight and review.

2. Program Management Reporting: The program management contractor shall maintain accurate records of the resident list, significant interactions with participants, housing placements, resident information, and program outcomes. They will utilize data to inform site improvement recommendations and report on both completed and needed site maintenance. Regular site check-in meetings will be held to report project successes and challenges to City Staff.

3. City Council & Community Updates: City staff plan to provide a public update to the City Council on the sanctioned campsite program progress after six months of the site’s opening date. The update report will include data points such as the number of participants enrolled, the number of residents transitioned to permanent or temporary housing, barriers to housing placement, case management and outreach activities, neighborhood improvements, services provided to residents, and an ERF3 grant expenditure summary.

Additional Homelessness Program Contracts:

The success of the sanctioned camping program heavily relies on the expertise and commitment of our partners. Earlier this year, the City released a Request for Proposals (RFP) for the various components of the Sanctioned Camping Area including:
• Property and program management, including operations and security oversight • Security contractors, trained in de-escalation and harm reduction • Mobile shower and laundry services,
• Waste management and hauling services (including hazardous material disposal) As a result of this RFP, staff recommend adopting the resolution (Attachment 2) authorizing the City Manager to negotiate and execute contracts with Defense Block Security, FS Global Solutions, Other Junk Co., and WeHope Showers to ensure comprehensive support and services for the camp residents. These partnerships are crucial in maintaining a safe, clean, and supportive environment, ultimately contributing to the overall stability and success of the sanctioned camp.

By securing these contracts, the City can provide essential services that address the diverse needs of the individuals residing there and fostering a community where individuals have dignity, can improve their health, and work towards housing stability. A discussion of these contractors and their proposed scope of services is below:

1. Defense Block Security (DBS)
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Defense Block Security (DBS) specializes in providing security solutions tailored to community needs. Their approach emphasizes the importance of creating a safe environment while maintaining the dignity and respect of all individuals. DBS has extensive experience in managing security for safe sleeping programs, as well as emergency, interim, and supportive housing environments in Sonoma County. Defense Block Security assisted with the launch and security services of Sonoma County’s Emergency Shelter Site (ESS) which started with 87 tents and provided services to residents on their path to permanent housing. The City of Rohnert Park contracted with DBS to provide security coverage to the city’s Safe Sleeping Program (SSP) in 2022.

Defense Block Security worked closely with the City’s Public Works, Police Department, Fire Department, Housing and Code Enforcement Divisions to prepare and coordinate the on-site program. DBS was the only contractor on the SSP site for the first 60 days and during that time the Rohnert Park Fire and Police Departments witnessed a 60% decrease in the calls for service. DBS will ensure the safety of camp residents and staff, thereby fostering a secure and supportive atmosphere conducive to recovery and growth.

City Staff have worked with DBS to select the following proposed staffing levels for the duration of the sanctioned camping area. The first three months will carry a daily staffing level of eight security guards on-site, totaling 64 hours per day. After the initial three-month start-up phase, there will be a daily staffing level of seven security guards, totaling 56 hours per day. Proposed staffing levels for each shift throughout the project’s duration are outlined below.

DBS will provide mobile guard shacks and ensure all necessary equipment is included.

The City will need to provide power, bathroom facilities, and lighting around the guard shacks. DBS staffing and equipment cost information is provided in Attachment 3.

Staff recommend proceeding with a contract not-to-exceed $850,000, which includes a 7% contingency.

2. Foege Schumann Global Disaster Solutions (FS Global Solutions) Foege Schumann Global Disaster Solutions (FS Global Solutions) specializes in emergency shelters, rescue support services, and disaster relief. In recent years, FS Global has served nearby communities in Sonoma County by supporting the operations of non-congregate shelters in Rohnert Park and Sonoma County’s Emergency Shelter Site.

Based on their previous experience supporting shelter operations, FS Global proposes providing on-site services and 24-hour staffing five days a week. Under this proposed contract, they will:
• Facilitate and complete participant enrollment into the site. • Conduct regular participant check-ins and assist case management staff in maintaining contact with participants.
• Document and maintain records of participant enrollment, conduct violations, equipment issued, and other pertinent information.
• Respond to emergencies and coordinate with relevant services. • Issue replacement equipment and/or essential items as needed. • Educate participants on code of conduct and work with individuals to gain compliance.

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• Issue conduct violation warnings and manage termination process when necessary. • Collaborate with security staff, waste hauling contractor, and mobile shower service provider to maintain site operations.
• Participate in stakeholder engagement and inquiry response, especially from surrounding businesses.

Staff recommend proceeding with a contract not to exceed $675,000, which includes a 7% contingency.

3. Other Junk Co.

The Other Junk Co. specializes in managing and cleaning up unhoused encampments, particularly those near sensitive environmental areas like creeks. These encampments can pose significant health, safety, and environmental hazards due to the accumulation of trash, waste, and hazardous materials, leading to water pollution and the spread of diseases. The complexity of managing these encampments requires a nuanced approach that respects residents' possessions while ensuring public health and safety.

Founded on principles of sustainability and community support, The Other Junk Co. focuses on repurposing and donating items, furniture, and clothing collected during cleanup operations. This approach not only aids those in need but also significantly reduces the environmental impact of waste, aligning with the City Council’s goals and objectives of sustainability.

The Other Junk Co. offers comprehensive services to address the needs of these encampments. They will remove, separate, and dispose of all materials, prioritizing recycling and repurposing to support those in need and minimize environmental impact.

Their team is trained to handle hazardous waste safely in compliance with governing regulations, using personal protective equipment and following strict protocols to ensure the safety of everyone involved.

Community engagement is a key component of their philosophy, as they work compassionately with encampment residents, providing essential aid and promoting cleanliness. Additionally, they provide detailed reporting to offer transparency into the cleanup process and demonstrate the positive impact on the community and environment.

The City has contracted with The Other Junk Co. for the ongoing clean-up and waste hauling of the Mahon Creek Path Area encampment in the past. For the sanctioned camping area they will provide similar services during the period the City is establishing the sanctioned camping area for the northern portion of the Mahon Creek Path, as well as the cleanup of the southern portion of the path.

Staff recommend proceeding with a contract not-to-exceed $650,000 which includes a 10% contingency (Attachment 4).

4. WeHope Showers
WeHope Showers provides mobile shower and hygiene services designed to meet the needs of unhoused populations. Their facilities offer clean, safe, and dignified environments where individuals can attend to personal hygiene, a critical aspect of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15
maintaining health and self-esteem. By partnering with WeHope Showers, the City will ensure that residents of the sanctioned camp will have regular access to essential hygiene services, thereby enhancing their overall well-being and quality of life.

WeHope's operations will include regular coordination with the City of San Rafael and the County of Marin Health and Human Services Division, as well as quarterly check-ins with City staff.

The City, through the Community Homeless Fund collaboration with the County of Marin, City of Novato, and Town of Fairfax, have contracted with WeHope to provide regular shower services to experiencing homelessness in each jurisdiction. WeHope proposes to increase the frequency of service to offer services specifically for the sanctioned camping area.

Staff recommend proceeding with a contract (Attachment 5) not-to-exceed $112,400 for both sanctioned camping area services and ongoing services via the Community Homeless Fund.

The ERF3 Grant also includes the purchase of a new shower trailer to replace the current one used by WeHope. Staff will return to the City Council in the coming months to request approval for that purchase.

Additional Homelessness Services Contracts:

5. Downtown Streets Team
Downtown Streets Team is a nonprofit organization that addresses homelessness by providing employment opportunities, case management, and supportive services to individuals experiencing homelessness. Downtown Streets Team has been working closely with the downtown business community to ensure a clean and inviting downtown area since its launch in San Rafael in July of 2013. Their dedicated team responds to reports of trash dumping and actively engages individuals experiencing homelessness in clean-up efforts. Through their unique approach, they not only address cleanliness concerns but also provide opportunities for individuals experiencing homelessness to regain stability and improve their quality of life.

Downtown Streets Team provides regular progress reports, detailing the number of cleanups conducted, trash dumping incidents addressed, and outcomes achieved in terms of housing placements and employment opportunities. Over the last eleven months, they have facilitated:
• 6,112 hours of cleanup services volunteered by as many as 23 team members (actual volunteer team size fluctuates)
• More than 100,000 gallons of trash removed from Downtown and the Canal neighborhood
• 16 net jobs (10 of these new jobs during the period) lasting more than 3 months • An 85% retention rate (at least six months)
The FY 2024-25 agreement (Attachment 6) includes a scope of work which prioritizes two goals: 1) engagement of individuals in encampments into housing-focused case SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 16
management, and 2) placement of cleanup teams to improve environmental conditions within those encampments. City funding of $200,000 would be combined with other DST funding sources -- including a $713,336 contribution from the County of Marin Health and Human Services, and $83,535 from private contracts.

DST will address encampments, waste-related issues, and provide housing-focused case management to individuals experiencing homelessness. At least 20 team members will focus on encampment “hot spots” while maintaining cleanup efforts in the City’s downtown, including Fourth Street, and the Canal neighborhood. DST will be evaluated according to targeted outcomes that include housing-focused case management as a core competency, in addition to its existing employment-focused initiatives. City staff will continue to conduct periodic meetings and evaluations with DST to assess their progress, review monthly progress reports, review the allocation of funds, and ensure alignment with the City's goals and objectives.

City-County Partnership Development
Homelessness is a multifaced and complicated issue that cannot be solved by one agency alone.

Recognizing this, the City of San Rafael and the County of Marin key executives and staff are working collaboratively to create a more intentional and formalized City-County partnership to enhance interagency collaboration and address community needs to address homelessness in San Rafael.

Next Steps
In addition to taking the steps to implement and enforce the City’s existing and proposed amended camping regulations, and establishing the sanctioned camping program, staff are working to identify a location for the second phase of the ERF3 Grant. This second phase will fund the creation of an interim, non-congregate shelter that may take the form of a tiny home village similar to what has been implemented in other jurisdictions. This work will require the on-going partnership with the County of Marin and other community partners to ensure that while Marin jurisdictions make investments in permanent supportive housing, similar investments are made toward creating interim shelter and transitional housing to support all individuals experiencing homelessness on their pathway to housing.

COMMUNITY OUTREACH:

Educational and community outreach is a key part of the City’s approach to this work. Over the last year, the City has organized a Zoom Town Hall meeting with San Rafael Public Schools to address school community concerns about encampments near Davidson Middle School previously along Lindaro St. The City also provides regular homelessness update e-newsletter updates, posts answers to frequently asked questions, and publishes videos covering the City’s response to homelessness via the City’s website. In addition, the City plans to coordinate with the Marin County Lived Experience Advisory Board (MC-LEAB), and individuals currently residing at the unsanctioned encampment, to get their feedback as we work to refine the implementation plan for the sanctioned camping program.

Additionally, City staff and the sanctioned camping program service providers and contractors will host regular meetings starting two weeks prior to sanctioned camping program participant enrollment. These meetings will provide updates on site developments to the surrounding business community and offer a time to address questions and concerns to both City staff, service providers, the Marin County Lived Experience Board, and the community at large.

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FISCAL IMPACT:

The costs associated with the establishment of the Sanctioned Camping Area will be funded by a $1M state appropriation provided by Senator McGuire and the County of Marin as well as approximately $4M of the $5M ERF3 Grant. While the County of Marin has yet to receive the ERF3 funds from the State, the County will be able to provide the $1M from the state appropriation in September, pending authorization from the Marin County Board of Supervisors. The ERF3 Grant must be expended by June 30, 2027.

Costs associated with the site preparation and set-up of the Sanctioned Camping Area is estimated to cost $500,000. This work includes site engineering, fencing, utility repairs, and other program assets like office spaces, tents, and other furniture, fixtures, and equipment. Contracts for these services and purchases are expected to fall within the City Manager’s signing authority.

The total cost associated with the site preparation, set-up and contract services for Sanctioned Camping Area is $2,256,500. As shown in Table 1, Staff is requesting an appropriation from the Grants Fund 283 in this amount to support the initial costs and contracts associated with the Sanctioned Camp in order for the City to begin this work immediately.

Table 1: Requested Appropriation Amounts
Start Up Costs $ 500,000
Defense Block $ 850,000
FS Global $ 675,000
We Hope $ 26,400
Other Junk Co. $ 165,000
Downtown Streets Team $ 40,000
Total $ 2,256,400
Staff is requesting corresponding authorization for the City Manager to execute and enter into contracts for these services, as well as for the Downtown Streets Team (DST) contract, as shown in Table 2. For the Downtown Streets Team (DST) contract, the fiscal impact is $200,000. Of this, $40,000 is funded by the ERF3 grant, and $160,000 is funded by the FY 2024-25 General Fund budget.

Table 2: Requested Contract Authorization
Defense Block $ 850,000
FS Global $ 675,000
We Hope $ 112,400
Other Junk Co. $ 165,000
Downtown Streets Team $ 200,000
Total $ 2,002,400
Staff recommends the City Council adopt the Resolution (Attachment 2) which facilitates the requested appropriation of funds and authorization to enter into these agreements.

OPTIONS:

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

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1. Approve the staff recommendations.

2. Approve the staff recommendations with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

1. Waive the reading and introduce the Ordinance Amending San Rafael Municipal Code Chapter 19.50 -- Camping on Public Property.

2. Adopt the Resolution appropriating $2,256,400 from the Grants Fund 283 to support the initial costs and contracts associated with the Sanctioned Camp Area and authorizing the City Manager to execute contracts in the amount of $2,002,400 for the first phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness program services.

ATTACHMENTS:

1. Ordinance

2. Resolution

3. Exhibit A to the Resolution - Defense Block

4. Exhibit B to the Resolution-The Other Junk Co.

5. Exhibit C to the Resolution- WeHope

6. Exhibit D to the Resolution- Downtown Streets Team

7. Sanctioned Camp Site Plan

8. Draft Sanctioned Camp Code of Conduct

9. Correspondence
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON PUBLIC PROPERTY” REGULATING CAMPING ON PUBLIC PROPERTY WITHIN THE

CITY OF SAN RAFAEL
SECTION 1. FINDINGS
WHEREAS, the purpose of this Ordinance is to enact regulations to address camping in or on public property in the City of San Rafael. The City Council has authority to adopt this Ordinance pursuant to the California Constitution Article XI, section 7; and WHEREAS, the City Council recognizes that camping in the City by persons with no alternative shelter, and the activities often attendant with camping, have created adverse public health, safety, and welfare conditions for the public, including those who live in the City’s encampments; and
WHEREAS, the City, along with the County of Marin and community partners, has been and is undertaking extensive actions to assist unsheltered persons in the City and region to find shelter and needed services; and
WHEREAS, on June 28, 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson finding that the City of Grants Pass had not violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States Constitution by prohibiting camping on public property when the City could not establish that there was enough alternative shelter available to accommodate the number of individuals experiencing homelessness in the community; and WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24 instructing State agencies to prioritize the humane removal of encampments, including conducting site assessments, providing advance notice, offering outreach services, and personal property storage for at least 60 days, and encouraging local governments to adopt policies consistent with the order; and
WHEREAS, the City Council recognizes and finds that there are public health and safety hazards and public nuisance activities and conditions frequently associated with camping on public property, and that there are certain public properties where the existence of campsites is incompatible with the necessary use of the property by the public, or where camping presents unacceptable hazards and/or costs to the City’s operations and to the public; and WHEREAS, some unsheltered persons in the City live in temporary shelters on public property, such as tents and tarps, and accumulate, store, or leave behind personal property, garbage, waste, and biohazards; and
WHEREAS, camping on public property can lead to damage to public property, or hindrance of the operation or protection of public infrastructure and utilities, creating a potential health and safety hazard; and
WHEREAS, camping on public property can have a deleterious impact on the public use of public property, businesses, private real property, and economic development within the City; and
WHEREAS, in July 2023, the City Council adopted Ordinance No. 2030, setting new spacing and density rules and other restrictions for camping on public property by persons with no alternative shelter available; and
WHEREAS, in the case of Boyd et al. v. City of San Rafael, N.D. Cal., Case No. 23-cv04085- EMC (“Boyd”), the Court issued a Preliminary Injunction Order under which the City was permitted to enforce Ordinance No. 2030 under Court-modified rules which were operationally impractical to implement, particularly as they involved procedures to administer the Ordinance’s spacing and density requirements; and
WHEREAS, in May 2024, the City Council adopted Ordinance No. 2035, which modified the regulations adopted through Ordinance No. 2030 by allowing campsites of up to 200 square feet for one person and 400 square feet for up to 4 persons camping together; eliminating the 200-foot spacing requirement; requiring a 10-foot safety clearance around each campsite and 10-foot setbacks from other campsites, public utility infrastructure, and private real property; specifying enforcement notice and due process requirements; and making other language changes set forth in the Ordinance; and
WHEREAS, by this Ordinance, the City Council seeks to modify the regulations adopted in Ordinance Nos. 2030 and 2035 to make amendments in light of the recent Supreme Court decision in Grants Pass v. Johnson, to clarify prohibitions against the construction of unpermitted structures and use of building materials for camping on public property, to provide additional safety setbacks from roadways, to update enforcement provisions to align with Governor Newsom’s Executive Order 1-N-24, and making other language changes set forth in the Ordinance; and
WHEREAS, by amending the City’s camping regulations, the City’s goal is to effectively regulate and enforce camping laws for the health and safety of all of the public, including residents who are experiencing homelessness; and
WHEREAS, for the reasons set forth above, this Ordinance is declared by the City Council to be necessary to protect public health, safety, and welfare; preserve public property for the enjoyment and safety of all members of the public; enhance and preserve the orderly administration and management of public property; and preserve, protect, and prevent damage to public resources, and the recitals above taken together constitute the City Council’s statement of the reasons for adopting this Ordinance.

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

SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 19.50 Chapter 19.50 of the San Rafael Municipal Code, entitled “Camping of Public Property” is hereby amended in its entirety to read as follows:

Chapter 19.50 - CAMPING ON PUBLIC PROPERTY

19.50.010. - Purpose.

The purposes of this chapter include but are not limited to: protecting public health, safety, and welfare; preserving public property for the enjoyment and safety of all members of the public; enhancing and preserving the orderly administration and management of public property; and preserving, protecting, and preventing damage to public resources. This chapter prohibits conduct that unreasonably interferes with the administration and lawful uses of public property by establishing reasonable time, place, and manner conditions related to camping on public property.

19.50.020 - Definitions.

As used in this chapter, the following terms shall have the following meanings:

A. "Camp" or "Camping" means use of space on public property for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or using any tents or shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.

B. "Camp paraphernalia" means implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment.

C. "Campsite" means the primary physical area of occupation of one person camping or up to four persons camping together, inclusive of camp facilities, camp paraphernalia, and personal property.

D. "Open space property" means any area described in San Rafael Municipal Code Section 19.10.020. The city will maintain on its public website and in hard copy at the City Clerk's office a map of all open space property meeting this definition.

E. "Playground" means an improved outdoor area designed, equipped, and set aside for children's play in a park or school that is not intended for use as an athletic playing field or athletic court, and also includes any playground equipment, fall zones, surface materials, access ramps, and all areas within and including any designated enclosure and barriers.

F. "Public facility" means any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.

G. "Public property" means any real property within the jurisdiction of the City of San Rafael, which is owned, managed, or controlled by the City of San Rafael.

H. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes.

I. "Public utility infrastructure" means public bathrooms or infrastructure and equipment used to provide public utility services, including electricity, gas, water, stormwater, telecommunications, and sanitation services.

J. "School" means any public or private institution of educational learning up to and including grade 12.

K. "Sidewalk" means any area in the city provided for the use of pedestrians, including planting areas, driveway approaches, and parking strips, between the public vehicular roadway and the edge of public right-of-way bordering, fronting, or adjacent to private real property.

L. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

M. "Vehicle" means any wheeled conveyance, whether motor-powered or selfpropelled, and includes any trailer in tow of any size, kind, or description.

19.50.030 - Prohibited Camping on Certain Public Property.

A. Prohibited Camping

1. Open space property. No person or persons shall camp in or on any open space property, or portion thereof.

2. Parking garages. No person or persons shall camp in or on the premises of any parking garage, or portion thereof, owned or operated by the city.

3. Public facilities. No person or persons shall camp in or on any public facility, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with access to a public facility or private real property.

4. Playgrounds. No person or persons shall camp within 100 feet of any playground.

5. Schools. No person or persons shall camp within 250 feet of the property boundary of any school.

6. Public right-of-way and sidewalks. No person or persons shall camp in or on any public right-of-way or sidewalk, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with use of or access to a public right-of-way or sidewalk.

B. The city council or city manager may, by resolution or administrative order, absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof.

C. The city shall maintain on its public website and in hard copy at the city clerk's office a current citywide map of all public property parcels prohibited to camping by subsections (A)(1), (A)(2), (A)(4), (A)(5), and (B) of this section 19.50.030.

19.50.040 - Prohibited Camping on Other Public Property; Exception.

A. As to public property not listed as prohibited for camping under Section 19.50.030, no person shall camp on such other public property, except as set forth below.

B. Time, place, and manner conditions:

1. Campsite size and occupancy.
a. No campsite occupied by one person shall exceed an area of 200 sq. ft., inclusive camp paraphernalia, and personal property. b. No campsite occupied by more than one person shall i) exceed an occupancy of four persons or ii) exceed an area of 400 sq. ft., inclusive of camp paraphernalia, and personal property. c. All camp paraphernalia, and other personal property shall be stored and kept within the maximum permitted campsite area.
d. Items stored or discarded outside of the maximum permitted campsite area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
e. No person shall establish or occupy more than one campsite.

2. Clearance and setbacks.
a. A minimum clearance of 10 feet around all sides of any campsite allowed under this section shall be maintained free and clear of trash, debris, and personal property, including but not limited to camp facilities and camp paraphernalia. Items stored or discarded within the 10-foot clearance area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
b. No campsite may be established or occupied within 10 feet of any other campsite allowed by this section, public utility infrastructure, or private real property, including a fence of such property. c. No campsite may be established or occupied within 5 feet of the edge of pavement of a roadway open to the use of the public for purposes of vehicular traffic.

3.Unpermitted structures and building materials. No person shall occupy, construct, or erect on public property, or affix or tie to public or private property, any building, shed, shack, fence, or other structure made of building material, or store any building material on public property for camping. For purposes of this paragraph, “building material” includes wood, steel, concrete, stone, brick, masonry, plastic, cement composites, glass, sand, or other similar material of a type and quantity normally used for construction purposes.
a. Exception: Fabric tents, fabric tarps, or other similar non-permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed or tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item to unimproved ground on public property. b. Exception: Removable plastic pallets or sandbags may be used to temporarily raise a tent or other camp facility off of the ground, provided that such items are not affixed or tied to any public property, private real property, vegetation, or infrastructure.

19.50.050 - Violations; Enforcement.

A. In addition to enforcement as described below, the City may enforce this chapter pursuant to chapters 1.42, 1.44, and 1.46; provided, however, that no person shall be charged with a criminal violation unless their unlawful conduct is knowing or willful.

B. The city manager or their designee shall be responsible for enforcement of this chapter.

C. For a violation of section 19.50.030(A)-(B), the city manager or their designee may require the person in violation to immediately cease the prohibited camping.

D. For violation of section 19.50.040(B)(1)-(2), related to the size, occupancy, and clearance or setbacks of a campsite, the person camping shall be given 48 hours to come into compliance with this chapter. The city manager or their designee shall provide upon request a physical demarcation of the allowed boundary to assist the person camping to comply with this chapter.

E. Unpermitted structure. For a violation of section 19.50.040(B)(3), related to an unpermitted structure, the structure shall be tagged with a notice to remove the structure from public property within 48 hours. If the noticed structure is not removed from public property within 48 hours of notice, the city manager or their designee may immediately remove such structure and restore the public property.

F. Exigent Circumstances. For a violation of section 19.50.040(B)(1)-(2) whereby there is an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action, the City Manager or their designee may require the person in violation to immediately cure the violation. The City Manager or their designee shall provide as much advance notice as reasonable under the circumstances.

19.50.060 - Conflict with Other Regulations.

To the extent that there is any conflict with any other provisions of this code, the standards and regulations of this chapter shall prevail.

SECTION 3. COMPLIANCE WITH CEQA
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. The city council hereby finds that under section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.

SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect 30 days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

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

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 19th day of August 2024, and was passed and adopted at a regular meeting of the San Rafael City Council on the 3rd of September 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________________
Kate Colin, Mayor
ATTEST:
______________________
Lindsay Lara, City Clerk
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN RAFAEL
APPROPRIATING $2,256,400 FROM THE GRANTS FUND 283 TO SUPPORT THE INITIAL

COSTS AND CONTRACTS ASSOCIATED WITH THE SANCTIONED CAMP AREA AND

AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN THE AMOUNT OF $2,002,400 FOR THE FIRST PHASE OF THE ENCAMPMENT RESOLUTION FUND ROUND 3 (ERF3) GRANT PROGRAM AND OTHER HOMELESSNESS PROGRAM SERVICES WHEREAS, Homelessness remains a significant challenge across the United States and San Rafael is no exception; and
WHEREAS, the City Council through their Fiscal Year 2023-24 and 2024-25 Goals and Objectives has made Housing and Homelessness one of their top priorities; and WHEREAS, The California lnteragency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of (1) Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; (2) Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and (3) Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments; and WHEREAS, The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding; and
WHEREAS, the City and County proposed utilizing the funds to address San Rafael’s largest encampment, and Marin County’s largest urban encampment, known as the Mahon Creek Area encampment, in two phases; and
WHEREAS, the first phase, the City will sanction an area for camping and make safety/sanitation improvements to the encampment area. This phase will operate as a lowbarrier, housing-focused safe sleeping site, and is discussed in the staff report accompanying this resolution; and
WHEREAS, once it becomes feasible, the City will replace the sanctioned camp with a non-congregate, housing-focused, interim shelter program at a site still to be identified within the City; and
WHEREAS, the first phase requires several contractors to support the development and operation of the sanctioned camping site and issued and completed a Request for Proposals process to solicit and identify potential contractors to provide these services; and WHEREAS, the City has identified Defense Block Security to sanctioned camp area provide security services in an amount not to exceed $850,000 as detailed in Exhibit A to this Resolution; and
WHEREAS, The City has identified the Other Junk Company to provide sanctioned camp area and encampment waste hauling services in an amount not to exceed $165,000 as detailed in Exhibit B to this Resolution; and
WHEREAS, the City has identified WeHope to provide shower services for the sanctioned camp area and in accordance with services provided through the Community Homeless Fund in an amount not to exceed $112,400 as detailed in Exhibit C to this Resolution; and
WHEREAS, the City has identified FS Global to provide sanctioned camping area program and property management services in an amount not to exceed $675,000; and WHEREAS, the City funds additional annual Homelessness Program Services through a contract with the Downtown Streets Team in an amount not to exceed $200,000 as detailed in Exhibit D to this Resolution.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does hereby appropriate and allocate $2,256,400 from the Grants Fund 283 to support the initial costs and contracts associated with the Sanctioned Camp Area, and FURTHER BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute and enter into agreements for services referenced in this Resolution and attached hereto as Exhibits A through D in the cumulative amount not to exceed $2,002,400 for the first phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness program services as detailed in the accompanying staff report to this resolution.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 19th day of August 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
____________________
Lindsay Lara, City Clerk
Attachment A
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2023-24 FOR THE

PURPOSE OF CONFIRMING AUTHORIZED APPROPRIATIONS AND TRANSFERS WHEREAS, the City Council approved Resolution No. 15221 adopting the fiscal year 2023-2024 budget; and
WHEREAS, the City Council approved other actions during the fiscal year to authorize spending; and
WHEREAS, as part of the fiscal year-end closing process, staff has reviewed and analyzed actual revenues, expenditures and transfers through June 30, 2024, has identified a need for additional budget adjustments, and has submitted its analysis and recommendations in a report to the City Council; and
WHEREAS, after examination, and due consideration, the City Council has accepted the same report and recommendations;
NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council that Resolution No. 15221 for fiscal year 2023-2024 is further amended to authorize the following adjustments to resources and appropriations to selected funds:

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 special meeting of the Council of said City on Monday, the 19th day of August 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
Revenues:

Fund Current Budget Resources Transfers in Revised Budget 001 - General Fund 100,017,060 300,000 100,317,060
242 - Measure C Wildfire Prevention Parcel Tax 1,956,238 750,000 2,706,238 281 - Grants Fund - Safety 683,099 13,282 696,381
420 - Measure E-Public Safety Facility - 450,000 450,000 Total Revenue Adjustments 750,000 763,282
Expenditures:

Fund Current Budget Appropriations Transfers out Revised Budget 001 - General Fund 104,465,324 - 450,000 104,915,324
216 - Measure G - Cannabis 180,246 300,000 480,246
242 - Measure C Wildfire Prevention Parcel Tax 2,449,464 750,000 3,199,464 Total Expenditure Adjustments 750,000 750,000
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

DEFENSE BLOCK SECURITY

FOR SECURITY SERVICES IN SANCTIONED CAMPS
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 DEFENSE BLOCK SECURITY, 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 (“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 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed v 08.22 2
$850,000. This amount includes contingency funds in the amount of $52,328, which would not be used without written authorization from the CITY.

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 one (1) year from the Effective Date.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Homelessness and Housing Analyst, Mel Burnette 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. Denise Little 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:

Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Denise Little, Director of Operations
9238 Old Redwood Hwy Ste 202
Windsor, CA 95492

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: ROBERT F. EPSTEIN, 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. v 08.22 2
Defense Block Security (DBS)
9238 Old Redwood Hwy Suite 202
Windsor Ca 95492
707-843-7194

SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
Defense-Block Security will furnish licensed, uniformed, and trained security personnel 24 hours per day (or hours specified by the City), in the amounts requested by the City of San Rafael. The security guards will conduct random foot patrols of the site and provide security check-ins to any entrance and exits. Security will work as a team to identify suspicious and/or illegal behavior and report potential criminal behavior to the City and San Rafael Police Department when appropriate. The primary function of unarmed security is to deter criminal acts or behavior and observe and report. Security guards will be responsible for assisting in any emergency situation and observe and report criminal acts to Public Safety.

The security guards shall perform services to include: reporting any suspicious or criminal activity to City and/or Public Safety personnel, deterring loiterers or individuals in violation of city ordinances, and reporting any and all vandalism and safety/hazardous conditions (to include dangerous drug paraphernalia, hazardous material or weapons). The guards shall be available for security escorts for the City or staff to and from their parked vehicles when security staffing allows.

Defense Block Security has extensive and unique experience in facilitating a safe and organized transitional living site. Defense Block Security is experienced in customer service, de-escalation communication techniques, and firm, fair and compassionate security services. DBS will conduct walking patrols in the encampment on a regular basis, interacting with residents and maintain perimeter security of the encampment fencing; perform inspection, detection, and investigation of all security- related incidents, violation of rules and regulations, and matters of public safety and report the same to the appropriate authorities or designated personnel; prepare and submit written reports as directed by the City of San Rafael; respond promptly and appropriately to all security-related emergencies and assist service providers and the City with escorts on site and general security issues while personnel are on site.

The City reserves the right to request a change in staffing level at any time during this contract. If the City wishes to request a reduction in security staffing level, the City Project Manager will provide Defense Block> Security notice in writing at least 15 business days before the change would take effect. Whenever possible, the City Project Manager will provide additional notice of change in staffing level.

General Duties:
v 08.22 3
Security staff will provide on uniformed security of the site through the duration of all shifts; guards should be on foot patrol for their shift. Guards will enforce all site rules as posted. Security will keep track of residents who are on site via a method designed and implemented by the City.

Security staff will maintain the confidentiality of all residents and on these sites. Security will brief with City and/or service providers at beginning and end of shift to share any and all pertinent information.

Required Duties:
• Frequent foot patrols of the entire site (guards will be recommended to work in pairs for first 90 days), provide a visible presence to discourage vandalism, unauthorized entry, and personal threats between residents, staff, and community members. Encourage the "good neighbor" philosophy within the site and surrounding neighbors. • Make scheduled and unscheduled rounds within the site, ensuring general order and safety.
• Notify appropriate law enforcement immediately of serious offenses. • Interface immediately with law enforcement and be a good witness. • Appear for work promptly, in uniform, and on time.
• Wear uniform and badges to easily identify themselves as an unarmed security professional.
• Drive safely and slowly onto the site and in designated parking areas • Be equipped with portable radios communication devices so security may speak to each other throughout the camp.
• Visual searches of resident property will be conducted upon every entry.

Unauthorized/prohibited items will not be allowed on site and resident will be denied entry if in possession of “weapon” as defined by the posted rules. All residents will be asked to submit to searching with a security wand. Security will document and report all search refusals and notify provider for follow up.

Reports:
• Defense Block Security (DBS) shall complete reports for all incidents or significant interactions with residents, community or staff members as well as unusual or general emergency situations. Reports will be made available to designated City staff.

Personnel:

Unarmed security guards assigned to perform work under this Agreement shall wear uniforms at all times. The uniform will clearly identify the Contractor and the name of the individual working. The unarmed security professional employed by the Contractor under this Agreement shall:
o Be able to communicate effectively in both written and oral English. o Possess a valid California Driver's License.
o Have successfully completed the educational requirements and successfully passed v 08.22 4
the examinations required by the State of California, Department of consumer Affairs, including the Power of Arrest course
Equipment:

Contractor shall furnish all equipment agreed upon necessary to perform the assigned and agreed upon duties. Guards will have access to:
• Flashlights
• Portable Radios
• Basic First Aid Kit
• Security Wand ( for searching)
• All reporting and documentation supplies ( cellular phones, digital reporting and scheduling system)
• All PPE necessary; sanitation and cleaning supplies
• 2 portable guard shacks leased to the City of San Rafael • Narcan units at each guard shack
Pricing/Equipment/Staffing Recommendations: Budget $850,000 for 1 year Staffing recommendations/Pricing:

During build of fencing and encampment: first 30 days
Month 1 (30 days) (if less than 10 residents on site)
Hourly: $36.50/hr per guard
Dayshift: 2 guards
Swingshift: 2 guards
Graveshift: 2 guards
48 hours of security service daily
Cost: $36.50/hr per guard
Monthly approximate cost: $54,330.00 ( with 2% ins fee and PPE/Shack rental) Months 2-4 (90 days)
Hourly: $36.50 per guard
Hourly: $33.00 per hour for Covershift #2
Dayshift: (2 guards)
Day/swing Covershift: (#1); 1 guard
Swingshift: 2 guards
Swing/Grave Covershift: (#2); 1 guard
Graveshift: 3 guards
64 hours of service per day @$36.50
8 hours per day @ $33.00/hr
Monthly approximate Cost: $80,279.00 (with 2% ins fee and PPE/shack rental) Months 5-10 (180 days)
Hourly: $36.50/hr
Dayshift: 2 guards
v 08.22 5
Swingshift: 2 guards
Covershift: 1 guard
Graveshift: 3 guards
64 hours of security service daily
@$36.50/hr
Monthly approximate cost: $74, 583.00 (with 2% ins fee and PPE/guard shack rental) Months 11-12 (last 60 days of project through closure)
Hourly : $36.50/hr
Dayshift: 2 guards
Swingshift: 2 guards
Graveshift: 3 guards
56 hours of security service daily
@$36.50/hr
Monthly approximate cost: $63,265.50 (with 2% ins fee and PPE/guard shack rental) Annual approximate cost:

Month 1: $54, 330.00
Months 2-4: $240,837.00
Months 5-10: $ 372,915.00
Months 11-12: $ 126,530.00
Holiday pay: (July 4, Thanksgiving, Christmas, New Years Day) @$45/hr : add’l cost approximately: $3,060.00
Total: $ 797672.00 ( for 1 year, 12 calendar months); leaves excess in “bank” for extension of up to 1 month during closure ($52,328.00)
Care Provider staffing suggestions:

With this staffing model through the entire 1 year of the site, the concern over care provider coverage being 24 hours per day can be alleviated some.

Suggestions for care provider scheduling:

Daytime coverage (for provider) is the least critical timeframe. Scheduling a care provider daily is optimal during hours of: 2pm-6am… leaving 8hours daily vacant of a service provider to assist with costs. Most residents are gone during these hours ( 6am-2pm), or sleeping. Any issue, problem, or question that may come up that is not immediate and/or meet the threshold of police or emergency services can be reported and followed up when service provider is on site.

Additionally, City or County social service or mental health services are open and an option during business hours.

Optimal schedule for provider:
7 days per week, 2pm-6am
Power/Electricity issues:
v 08.22 6
Power source and PGE partnerships can be difficult. Defense Block Security can start a project prior to PGE electrical foundations with generator power sources. Generators would be required for proper lighting at search entrance areas, and power to the guard shacks.

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.

City Attorney Form, July 2023 Page 1

CONTRACT

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND
THE OTHER JUNK CO. LLC

FOR ENCAMPMENT TRASH REMOVAL SERVICES
This contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and The Other Junk Co. LLC (“Contractor”), a California Limited Liability Company, for work on the City’s Encampment Trash Removal (“Project”) and is effective on ____________________ (“Effective Date”).

The parties agree as follows:

1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project (“Work”), as specified in Exhibit A, Scope of Work and Bid Proposal, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control.

1.1 Subcontractors. Contractor acknowledges that it has listed all subcontractors it will subcontract with to complete the Work in Exhibit B, Subcontractor List.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below:

2.1 Contract;

2.2 Addenda, if any;

2.3 Exhibit A – Scope of Work and Bid Proposal;

2.4 Exhibit B – Subcontractor List;

2.5 Exhibit C – Insurance Requirements.

3. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor a not to exceed amount of $165,000 (the “Contract Price”), for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal set forth in Exhibit A and the payment provisions contained herein. This amount includes a 10% contingency, in the amount of $15,000, which would not be used without written authorization from City.

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

4. Contract Term. Unless otherwise set forth in this Contract or unless this paragraph is subsequently modified by a written amendment to this Contract, the term of this Contract shall begin on July 1, 2024 and terminate on June 30, 2025.

5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.

City Attorney Form, July 2023 Page 2

6. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor’s license provided in Section 1, and a City business license.

7. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the “Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorneys’ fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.

8. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage provided in Exhibit C, Insurance Requirements, at no cost to City.

9. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

9.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer’s office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

9.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City.

9.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

9.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5.

9.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform City Attorney Form, July 2023 Page 3
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000.

10. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

11. Termination.

11.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.

11.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination.

12. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference.

13. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.

14. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.

15. Worksite Conditions.

15.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove and properly dispose of debris and waste materials from the Work site.

15.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.

City Attorney Form, July 2023 Page 4

15.3 Hazardous Materials. Hazardous materials handling and disposal shall be as specified in Exhibit A.

16. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

17. Non-Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person.

18. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City.

19. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.

20. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

To CITY’s Representative:

Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONTRACTOR’s Representative:

Andrew Salter
Owner
49 Huntington Way
Petaluma, CA 94952

21. General Provisions.

21.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract.

21.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.

21.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

21.4 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.

City Attorney Form, July 2023 Page 5

21.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place.

21.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

21.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.

21.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

21.9 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.
[Signatures are on the following page.]
City Attorney Form, July 2023 Page 6
The parties agree to this Contract as witnessed by the signatures below:

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

Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:

City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Exhibit A: Scope of Work and Bid Proposal
Exhibit B: Subcontractor List
Exhibit C: Insurance Requirements
________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit A
Exhibit A

SCOPE OF WORK AND BID PROPOSAL
The Work to be performed by CONTRACTOR under this Agreement is more fully described in this Exhibit A.

1. Trash, Waste, and Debris Removal: The Contractor shall undertake the proper removal, separation, and disposal of all trash, waste, and debris as directed by the City of San Rafael, San Rafael Police Department and San Rafael Community Development Department. This includes materials present within unhoused encampments within designated areas. The Contractor acknowledges that removal shall not extend to items considered the property of encampment residents.

2. Creek Cleanup: The Contractor shall also be responsible for the removal of trash and debris along the creek in areas designated by the Client, specifically along the Mahone path.

3. Hazardous Waste Handling: All hazardous materials and waste encountered during the execution of services shall be handled and properly disposed of at the Household Hazardous Waste facility in compliance with all applicable federal, state and local laws and regulations.

4. Community Engagement: The Contractor shall engage with residents of encampments, encouraging cooperation in maintaining cleanliness. This may include distributing bags and essential clothing items to aid in waste containment and hygiene.

5. Reporting: The Contractor shall provide updates to the City detailing the progress of services rendered, including quantities of waste removed and any notable observations or challenges encountered.

For the services described above, City will pay Contractor as follows:
$750 per load
$150/hr per crew member
$50 surcharge fee for mattress, large appliance, hazardous waste, concrete, electronic waste, wood debris, construction site waste, furniture, or any other items deemed as such at Contractor’s discretion. Contractor will notify the City’s representative, or their designee, before removing items where the surcharge fee will apply.
$750 same-day cancellation fee. This fee will apply when City cancels service on the same day it is scheduled to take place.
________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit A
________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit B
Exhibit B

SUBCONTRACTOR LIST
Contractor hereby certifies that each and every Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the total Contract Price, is provided below along with a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the total Contract Price.

DESCRIPTION

OF WORK

SUBCONTRACTOR
NAME

CALIFORNIA

CONTRACTOR
LICENSE NO.

LOCATION OF

BUSINESS
DIR REG.

NO.

PERCENT
OF
WORK

END OF SUBCONTRACTOR LIST
________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit C
Exhibit C

INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage required in this Exhibit C to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better.

Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work.

1. Workers’ Compensation. Statutory coverage is required by the California Workers’ Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. In addition, Contractor must provide employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

2. Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis, including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in performing the Work, including Contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.

3. Automotive. Commercial automotive liability coverage for owned, non-owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage.

4. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers.

5. Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements:
(a) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract.
(b) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(c) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss (“primary and non-contributory”). (d) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
(e) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.

City Attorney Form, July 2023 Page 1

SERVICES CONTRACT

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND
WEHOPE
FOR FY 24-25 MOBILE SHOWER SERVICES
This contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and WeHope (“Contractor”), a California nonprofit Corporation, for work on the City’s FY 24-25 Mobile Shower Services (“Project”) and is effective on ____________________ (“Effective Date”).

The parties agree as follows:

1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project (“Work”), as specified in Exhibit A, Scope of Work and Bid Proposal, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below:

2.1 Contract;

2.2 Addenda, if any;

2.3 Exhibit A – Scope of Work and Bid Proposal;

2.4 Exhibit B – Insurance Requirements.

3. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor a unit price of $550 per shower session provided, for a total not to exceed amount of $112,400 (the “Contract Price”), for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, and all overhead costs, in accordance with the Scope of Work set forth in Exhibit A and the payment provisions contained herein.

3.1 Payment. Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. Contractor will submit itemized invoices that include the number of shower sessions provided and reporting as described in Exhibit A. City will pay Contractor within thirty (30) days of City’s receipt of invoice.

4. 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 July 1, 2024 and terminate on June 30, 2025.

5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.

6. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to a City business license.

7. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and City Attorney Form, July 2023 Page 2
volunteers (the “Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorneys’ fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.

8. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage provided in Exhibit B, Insurance Requirements, at no cost to City.

9. Termination.

9.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.

9.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination.

10. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference.

11. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.

12. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.

13. Worksite Conditions.

13.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove and properly dispose of debris and waste materials from the Work site.

City Attorney Form, July 2023 Page 3

13.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.

13.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other hazardous materials may be used in performance of the Work.

14. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

15. Non-Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person.

16. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City.

17. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.

18. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

To CITY’s Representative:

Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONTRACTOR’s Representative:

Alicia Garcia
Chief Operating Officer
1854 Bay Road
East Palo Alto, CA 94303

19. General Provisions.

19.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract.

City Attorney Form, July 2023 Page 4

19.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.

19.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

19.4 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.

19.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place.

19.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

19.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.

19.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

19.9 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.
[Signatures are on the following page.]
City Attorney Form, July 2023 Page 5
The parties agree to this Contract as witnessed by the signatures below:

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

Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:

City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Exhibit A: Scope of Work and Bid Proposal
Exhibit B: Insurance Requirements
________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit A
Exhibit A

SCOPE OF WORK AND BID PROPOSAL
The Work to be performed for CITY by CONTRACTOR under this Agreement is more fully described in this Exhibit A.

The Homelessness and Housing Analyst is the PROGRAM MANAGER for the City. Programs and Services covered under this Agreement:

Operation of Mobile Showers:

A. CONTRACTOR will adhere to the Shower Schedule attached to this Scope; any change to the Shower Schedule or locations must be approved by PROGRAM MANAGER in writing.

B. In the event of any unexpected schedule change CONTRACTOR will inform PROGRAM MANAGER and operational contacts at any affected shower location at least 12 hours prior to change (including reasons for change).

C. CONTRACTOR will provide a report of the number of showers provided (duplicated or otherwise) with each invoice.

D. CONTRACTOR will regularly coordinate with the City of San Rafael and County of Marin Health and Human Services Division on program operation.

E. CONTRACTOR will meet with CITY staff for quarterly check-ins.

F. CONTRACTOR will maintain a schedule of all shower sessions provided in Marin County, distribute this schedule to CITY and collaborative partners, and make this schedule accessible on its website.

G. CONTRACTOR will encourage all clients to complete Marin County’s Coordinated Entry Assessment (VI-SPDAT and other service assessment tools when adopted by County); if Mobile Shower services team completes any such assessment with client, CONTRACTOR will notify PROGRAM MANAGER in monthly report.

H. CONTRACTOR will ensure it is complying with state and federal policies, guidance, and laws regarding Human Resource best practices and requirements for creating a safe and professional workplace for CONTRACTOR’S staff members, host site staff, collaborative partners, and program users. CONTRACTOR will notify CITY PROGRAM MANAGER of any safety incidents or injuries, complaints or allegations of harassment or discrimination, or other serious program matters as soon as practical and no less than 24 hours from CONTRACTOR’S awareness of such incidents or complaints.

CONTRACTOR and CITY agree to the following schedule, which can only be modified in writing by mutual agreement. For billing purposes, each of the following time entries comprise one “shower session.”
Site Schedule for FY 2024-25
Ritter Center Mondays, 1-4 pm
Fairfax Library Thursdays, 4-7 pm
Mesa Park Wednesdays, 10 am – 3 pm
Mahon Creek Path Once a Week
Organizational Performance:

A. CONTRACTOR will develop a process to ensure all CONTRACTOR’S employees, including management, acknowledge the employee handbook annually.

B. CONTRACTOR will have a policy in place to address any potential conflicts of interest among CONTRACTOR’SS staff, particularly among family members, and will provide employees with instructions on how to file a complaint or report inappropriate behavior related to these key management employees.

C. CONTRACTOR will have an investigative procedure policy. ________________________________________________________________________________________________ City Attorney Form, July 2023 Exhibit B
Exhibit B

INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance coverage required in this Exhibit B to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better.

Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work.

1. Workers’ Compensation. Statutory coverage is required by the California Workers’ Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. In addition, Contractor must provide employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

2. Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis, including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in performing the Work, including Contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.

3. Automotive. Commercial automotive liability coverage for owned, non-owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage.

4. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers.

5. Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements:
(a) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract.
(b) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(c) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss (“primary and non-contributory”). (d) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
(e) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.

Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND
DOWNTOWN STREETS, INC.

FOR IMPLEMENTATION AND MANAGEMENT OF EMPLOYMENT

DEVELOPMENT AND VOLUNTEER WORK PROGRAM SERVING THE HOMELESS 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 DOWNTOWN STREETS, INC., a California Nonprofit 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 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, as further described in Exhibit A, CITY shall pay CONSULTANT for all materials provided and services v 08.22 2
rendered by CONSULTANT a total amount not to exceed $200,000.

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 itemized invoices.

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 July 1, 2024 and terminate on June 30, 2025.

4. PROJECT COORDINATION.

A. CITY’S Project Manager. Mel Burnette, Homeless and Housing Analyst, 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. Chris Richardson 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:

Mel Burnette, Homeless and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Chris Richardson, Chief Program Officer
Downtown Streets Team
1671 The Alameda Suite #301
San Jose, CA 95126

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: ROBERT F. EPSTEIN, 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.

A. Program Description

1. Volunteer Work Experience Program: the Streets Team Volunteers Program (STVP), DST’s flagship program, invites people experiencing homelessness to volunteer on teams dedicated to cleaning streets, parks, encampments, and other public spaces. This program fosters community, builds confidence, reaffirms dignity, and develops employment soft skills such as punctuality, cooperation, and personal responsibility. Team Members, who are unhoused neighbors or at risk of homelessness, receive access to case management, system navigation, and employment placement services from trained DST Case Managers and Employment Specialists.

2. Workforce development through social enterprise: In 2019, Streets Team Enterprises (STE) was incorporated into DST as a social enterprise workforce development program. STE’s mission is to help individuals attain permanent employment by providing training and transitional paying jobs. STE provides a steppingstone of supported employment to people impacted by homelessness, systemic trauma, and incarceration. Staff earn a wage while gaining practical employment experiences and are supported with case management, employment services, and housing linkage. Participation in STE is designed to be temporary, with the end goal of participant employees achieving self-sufficiency through lasting external employment.

3. Service types and locations:
a. Mahon Creek Path encampment:

DST has been operating throughout all facets of DST Marin County’s programming to serve residents at the Mahon Creek Path Encampment in San Rafael since its inception. Since July 2023, our STVP Team has removed 24,500 gallons of debris from the Mahon Creek trail, and our case management staff have been the primary support in permanently housing 8 Mahon Creek residents. Furthermore, our bilingual outreach staff have been successfully building rapport and trust with the monolingual Spanish-speaking undocumented community members residing on Mahon Creek Trail and the surrounding areas, connecting them with vital services. b. Downtown Business District
c. Canal Neighborhood

4. Program staffing offered: the following DST Staff are employed under this City of San Rafael contract:
• STVP & STE Program Manager (DST Marin Staff)
Manages the STVP and STE programs, ensuring alignment with programmatic and organizational goals. Directly supporting our STVP & STE Housing Case Manager, our STVP & STE Employment Specialist, and STE Participant Employees. • STVP & STE Housing Case Manager (DST Marin Staff)
Provides housing case management services for both STVP and STE participants and alumni, v 08.22 2
assisting them in removing clients’ barriers to self-sufficiency with the ultimate goal of securing stable housing.
• STVP & STE Employment Specialist (DST Marin Staff): Provides employment services for both STVP and STE participants and alumni, assisting them in removing clients’ barriers to self-sufficiency with the ultimate goal of securing employment placements. • STVP Lead (STVP Participant Employee)
Supervises Teams of volunteers under our City of San Rafael contract conducting debris removal and beautification projects as well as administering peer-to-peer street outreach with individuals experiencing homelessness in efforts to increase volunteership as well as connect them to other services.

B. Operational Standards
Consultant will meet the following requirements in operations of the Downtown Streets Team’s Volunteer Work Experience Program in San Rafael:

1.Consultant will continue the Volunteer model and Workforce Development Services launched in 2013 in San Rafael.

2. Consultant will provide at least two full-time staff members (1 FTE Project Manager and 1 FTE Case Manager/Employment Specialist) to supervise and administer the Volunteer Program and Workforce Development Services in San Rafael. Consultant will submit payroll summaries with monthly invoicing.

3. Consultant will provide a minimum of 10,000 hours of community cleanup services through the Street Beautification Program. A minimum of 15 and up to 20 individuals will be involved in the program at one time, with those individuals being people experiencing homelessness and/or people who are facing imminent housing insecurity (hereinafter referred to as “Team Members”). Consultant must maintain backup documentation, including but not limited to, a reconciliation of volunteer hours to stipends issued.

4. Consultant will continue operations of the Volunteer Work Experience Program in Downtown San Rafael, the Canal Neighborhood, as well as targeted “hot spots” and encampments as determined by the City of San Rafael within city limits.

5. Consultant will conduct outreach to individuals residing in encampments in San Rafael in preparation of encampment closures. Team Members may choose not to be present during encampment closure activities to maintain trusted relationships between Team Members and their peers residing in encampments. If additional cleanup is deemed necessary after encampment closure, Consultant may conduct debris removal at closed encampment site after closure has completed.

6. Consultant will operate the Volunteer Work Experience Program five days a week in agreed upon project areas. Team Members may not volunteer in inclement weather because of the increased health risk due to lack of housing. Inclement weather includes rain, extreme heat or cold, snow, or air quality. Team Members also do not volunteer during observed holidays.

7. Consultant will coordinate with the City of San Rafael on special projects including quarterly check-ins to determine the most appropriate deployment sites for Downtown Streets Team’s services (e.g., Mahon Path, Canal Marsh, etc.).

8. Consultant will provide transportation for Team Members to deploy to cleanup sites throughout San Rafael when necessary.
v 08.22 3

9. Consultant will work closely with staff from City of San Rafael Community Development, San Rafael Police Department, and San Rafael Business Improvement District to identify encampments and other priority outreach and cleanup locations.

10. Consultant will provide workforce development services to assist Team Members transitioning to permanent employment. Such services may include job search classes and personalized job search support, resume and interview prep, developing internship placements, and developing mentor opportunities.

11. Consultant will conduct outreach to businesses to expedite hiring processes for Team Members.

12. To the extent possible, consultant will make general employment services, such as job search classes and employment leads, available to all persons experiencing homelessness in San Rafael, as well as people recently housed or sheltered in local programs.

13. Consultant will provide support services to assist Team Members with barriers to stable housing and employment. Such services may include enrolling in County benefits, record expungement, securing identification documents, completing work histories, providing transportation, referrals to hygiene services, and other similar support services.

14. Consultant will work collaboratively with case managers at partner agencies including, but not limited to, SAFE Team, St. Vincent de Paul Society of Marin, Community Action Marin, Homeward Bound of Marin, Ritter Center, Marin Community Clinics, and the County of Marin to provide wraparound support and care for Team Members.

15. Consultant will ensure it is complying with state and federal policies, guidance, and laws regarding Human Resource best practices and requirements for creating a safe and professional workplace for staff members and Team Members.

C. Impact measures and deliverables for FY 24-25:

DST will achieve the following outcomes for the Volunteer Work Experience and Workforce Development Services, reporting progress to the City monthly or quarterly on impact measures as described below.
• At least 50 STVP volunteers served
• At least 4 STE Participant Employees hired
• At least 15 Jobs secured
• At least 100,000 gals of debris removed
Downtown Streets Team Program Outcomes and Measures. Consultant

1. Consultant will maintain a Team size of 20 Team Members, with at least 10 based in Downtown and 6 based in the Canal neighborhood, 4 Team Members will target “hotspots” and encampment areas deemed by City of San Rafael Staff.

2. Consultant will remove a minimum of 100,000 gallons of blight from areas throughout San Rafael as demonstrated by before and after photos and quantified trash statistics. v 08.22 4

3. Consultant will continue weekly collaboration with SAFE Team to ensure street outreach needs are being met throughout San Rafael.

4. Consultant will assist at least 15 Team Members in obtaining employment. Consultant will measure and report on employment retention and strive to achieve that 75% of such Team Members will retain employment for at least (3) months.

5. Consultant will assist 15 Team Members in finding secured housing placements.

6. Consultant will assist Team Members in removing at least 500 barriers to selfsufficiency (i.e. retrieving vital documents, completing resumes, accessing healthcare, enrolling in substance abuse treatment programs, record expungement, etc.)

7. Consultant will conduct quarterly anonymous surveys to collect self-reported data from Team Members:
a. Goal: 50% of Team Members with a mental health condition will seek out or remain in treatment.
b. Goal: 50% of Team Members with a substance use disorder will seek out or remain in treatment.
c. Goal: 50% of Team Members who have had an interaction with law enforcement/the criminal justice system will have reduced, or zero interactions after joining the Team.
d. Goal: 75% of Team Members will feel respected and heard by staff. e. Goal: 75% of Team Members will report improved self-esteem and feelings of self-worth.

9. Consultant will provide monthly progress reports using a template provided by the City of San Rafael.

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. v 08.22 B-4
Sanctioned Encampment Site, 47 Total Campsites
Security Station/Gates
Portable Restrooms
Garbage Dumpster
Meeting Space Canopies
Campsites, 7’ x 7’ and 10’ x 10’
Storage Unit, 20’ x 8’
Charging Docs located within
Security Stations
Office Units 17’ x 7’
Smoking Area
Pet Use Area
San Rafael Sanctioned Camping Area
Draft Code of Conduct

1. Safety is the top priority. Violence of any kind and threats of violence of physical harm will not be tolerated (422 P.C statute). Any individual committing violence will be required to leave immediately and be barred from returning. Brandishing a weapon will not be tolerated.

2. Keeping the site organized and clean for the well-being of all residents is also a top priority. Individuals are required to maintain their personal belongings within their designated City-provided tent or storage unit. Items left outside the designated tent area including the fire lane or buffer between sites will be subject to removal.

3. All residents, authorized personnel and visitors shall be required to check in at the gate when entering the Sanctioned Camping Area. Residents will be subject to a visual check bag check by security when entering the site.

4. Dogs are permitted but must remain under the owner’s control and on leash at all times while inside the sanctioned site and outside of participant’s tents. Dogs must have leashes affixed upon entry into the site when checking-in with security. Any dog bite will require Marin Humane to assess the safety of the dog. Owners are responsible for promptly cleaning up all dog waste.

5. Open flames and any combustible materials are strictly prohibited within the site.

Storage of gasoline, propane, torches, butane lighters, or other flammable substances is not permitted.

6. The use of extension cords is prohibited for any purpose. Charging of electrical devices may only occur in the designated charging area and is limited to cellphones, laptops, tablets, and other devices for communication. Generators, cooking appliances, and heaters are not permitted.

7. Each tent is designated for a specific individual. If a participant leaves the site for more than 48 hours, their space will be forfeited unless arrangements are made in advance with the management team or in cases of hospitalization. Tent spaces cannot be transferred to other individuals.

8. Only the tents, bases, and rain protection equipment provided by the City are permitted as camping structures. No additional structures, barriers or tents may be set up.

Participants may not hang or affix any items to the inside or outside of tents within the sanctioned site.

9. No visitors are allowed within the sanctioned campsite area; all visitors must be met with outside the encampment. Service providers, health care professionals, City of San Rafael and County of Marin staff are allowed to visit the site.

10. Quiet hours must be observed between 11 p.m and 6 a.m. each day. Quiet hours are periods when noise must be kept to a minimum and contained within a participant’s individual sleeping tent.

11. Respect for all neighbors and staff within the site is essential. We want this area to be a place of safety, comfort, and respect.

My signature below indicates my agreement with the above statements.

Signature: ______________________________________ Date: ________________________ Printed Name: ___________________________________
From:

Sent: Friday, July 26, 2024 8:02 AM
To: Mayor Kate <[email protected]>
Subject: Encampments
Dear Mayor Colin,
Now that San Francisco has started to clean up their city and the Governor has ordered cities to clean up the tents and trash. Is San Rafael finally going to clean up its city? I don't know if you are planning to run again for Mayor, but I can tell you that the large majority of resident don't have kind things to say right now and cleaning up ASAP will help change your image You can blame legal action and everything else but it still is happening under your watch.

Thanks,
Barbara Lutgue
Sent with Proton Mail secure email.
https://outlook.office365.com/mail/inbox/id/AAMkAGE4NDc2ZDVlLWQxMTYtNDBiOC04NTI0LTRjYTQzNTJlMTJkMQBGAAAAAAAyY1qsYIBjQ6ajfUyz… 1/1 From: Brian Gellman
Sent: Friday, August 9, 2024 9:08 AM
To: Mayor Kate <[email protected]>
Subject: Bret Harte Resident Concerned with homelessness Hello,
My wife and many neighbors have emailed you in the past couple years about the homeless CRISIS in San Rafael, an issue that simply does not exist, in this capacity, in any North Bay city. Each time it seemed you would respond with a "copy paste" response, pushing the blame onto the County.

I am wondering what the city is currently doing to clean up the creek trail camp and Anderson Ave camp. It is now time for the city to take action and clean itself up.

Thank you,
--
Brian Gellman
Real Estate Agent / Loan Officer
DRE 02028207 | NMLS 1589140
(408) 828-8727
Redwood Property Group
Western States Mortgage and Loan, INC.
8/14/24, 10:55 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Cayla Coleman
Sent: Thursday, July 25, 2024 10:50 AM
To: Mayor Kate <[email protected]>
Subject:

Dear mayor Kate:

Re the new ruling I am hoping that the shanty towns in San Rafael can be dismantled and the city can start feeling better and looking better
In addition I hope someone in charge of vandalism and graffiti can notify the owner of the bank bldg opp Kaiser on 3 rd street to remove the large graffiti  defacing it and beckoning for more Can our city revive itself ?
The many many empties on 4 th st say "no " but maybe if the huge homeless  presence is removed we can take pride in San Rafael and its resources once again without people on our streets threatening, cursing the wind, and exhibiting their sad addiction and mental illness symptoms  to all of us as we just go about daily business etc
( under " broken  window theory " ) are we going downhill or the other way ? Thank you
Cayla Coleman lcsw
Sent from my iPhone
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Sent: Monday, August 5, 2024 4:32 PM
To: Mayor Kate <[email protected]>
Subject: Homeless encampments.

So with the executive order from Newsome, is there any chance your going to move on this disgusting and unsanitary  disease Ridden area on anderson dr.   God our taxes paid for the construction of that road.  And it looks like hell.  Are going to show some muster and have that disgusting mess cleaned out ?   Or are you waiting for the next election and kick the can down the road. That way you can't keep ignoring the problem.   I saw where the paper posted we've made progress.  And 3 percent of the homeless peoples took the deal.  3 percent .   Let's see 3 percent of let's say 175 is about 4 people ?    Come on mayor how long does your community have to be patient.    You should take a drive down there so you can be as depressed as you voters are.  Don 8/14/24, 10:55 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Deschodt, Gregory
Sent: Friday, August 9, 2024 12:45 PM
To: Mayor Kate <[email protected]>
Subject: A typical drive through San Rafael
Hello Mayor, and thanks for having an available email for your constituents..

Just a quick story about today’s drive in San Rafael… After taking my kid to a physical, I stop for gas downtown (shell).

There I observe a couple homeless guys bothering a bunch of young girls refueling… They leave, one of them comes over and bothers me for money… After refueling, I am stopped at the light near another homeless guy solliciting more. Go home turning left after the bus station.. There’s a homeless guy crossing illegally in traffic, not a care in the world.

I continue onto Francisco blvd west, only to almost have an accident because the person in front of me slams on the brakes unexpectedly – you guessed it, a homeless person on a bike riding the wrong way up the road… Keep going, pass next to the lovely tent encampment on Andersen… Which incidentally extends a stone’s throw to my kid’s middle school (DMS)
I believe the governor passed a law giving you more latitude, I really think it is time to clean up san Rafael a little (a lot). It is frankly getting out of hand now.. thank you for reading, I imagine that is nothing new.

Greg Deschodt.
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Laura Hamlin
Sent: Sunday, August 11, 2024 11:01 AM
To: Mayor Kate <[email protected]>
Cc: Don Jeppson <[email protected]>
Subject: Re: Fun Homeless Encampment
Good morning  Kate and Don, hope you are doing well.

I’m following up on my e-mail dated April 11, 2024.

Today Sunday August 11, 2024, like every day I drove on Andersen drive. I had to zig zag to avoid large pieces of trash and a cart. The trash areas, which seem to be cleared  on Thursdays, are already overflowing with large pieces of furniture and trash.

Today when I played tennis with my husband on the Woodland Avenue tennis courts we saw either dog or human feces. This is not the first time. Also now there is a tent by the tennis court, and school is starting soon.

After 32 years of living  in this city, and paying a lot of money in taxes I think that I and the San Rafael residents deserve better.

I would like to know what the city is going to do now that the Supreme Court ruled on this issue as well as the governor. I would appreciate an answer and not a link to some convoluted explanation. I think I deserve it.

Many thanks,
Laura Hamkin
On Apr 11, 2024, at 10:36 AM, Laura Hamlin wrote:

Good morning Kate, I just wanted to let you know that today I noticed an improvement on Andersen Drive, it was cleaner and the road was clear of debris
Thank you so much.
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
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Laura
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On Apr 9, 2024, at 7:24 PM, Mayor Kate <[email protected]> wrote:

Hi Laura - I'm glad you enjoyed the event as it was an impromptu event that I organized for our employees and interested community members. And I loved sharing the moment with so many people are recognizing how we are specks on this earth! Regarding your concern, I'm sharing below an email that I wrote this aernoon to a homeowner who expressed similar concerns. I hope you find it helpful and even though it doesn't have the simple/easy answer, it does provide the context of why we're in the situaon we are in.

I'll just share a few brief things but I strongly encourage you to click through the many links on the page below as well as sign up for the newsletter updates. The most recent newsletter is on the landing page.
https://www.cityofsanrafael.org/departments/homelessness/ First of all, San Rafael is doing absolutely everything it is legally allowed to do in terms of regulating and relocating encampments. The options are few because we've been under a federal court order since last July when the plaintiffs sued the City after we passed a Restricted Camping ordinance. The City has passed 5 of these ordinances and been sued every time. The judge's Restraining Order limits the options available to the City. The basis of his ruling is the Martin v Boise federal case. You can read about it on the website but the gist is unless there are enough shelter beds for all the unhoused folks, they are legally allowed to camp wherever they want. As the County of the Marin is the agency that supplies the shelter beds, the City continues to advocate for more beds (and has for years) but haven't been able to convince the County to change the allocation of their resources towards interim shelter.

The judge has forbidden the removal of structures while the litigation is ongoing and the plaintiffs have filed additional ADA claims that provides another reason why the judge won't let the City remove them. The only tool that is available to the city is through the health and safety code and Fire Code and once a structure has received a notice that it is unsafe, the individual has the right to appeal. Which they have every single time as well as made the ADA claims. The city is commencing a voluntary compliance program through working with the individuals. I am optimistic that will be productive but if it isn't, then the City will continue to utilize the health and safety code which has its own set of time requirements as well as a mandatory appeal (if the individual refuses to remove the structure) before the Council.

Please know that the structures are a priority for the Council because they are unsafe for the occupants and the surrounding community. As your Mayor, I am committed to finding solutions that are safer for the unhoused and minimize the impact on the community in spite of the extreme restrictions placed on the City by the courts.

I welcome your engagement to learn the facts and support the City as we seek these tools. The City is considering a new ordinance at our Council meeting next Monday and I welcome your participation at the meeting. As the City has been sued the previous 5 times, I am cautiously optimistic that this new ordinance will be acceptable to the judge if/when we get sued again.

In closing, thanks for reaching out as sometimes people make the false assumption that the City isn't 'doing' anything to address the issue of homelessness and encampments and that is simply not true. I appreciate your willingness to learn the facts, context of the situation; as frustrating as it is.
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
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Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
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Follow the city on instagram: @thecityofsanrafael
From: Laura Hamlin
Sent: Tuesday, April 9, 2024 1:32 PM
To: Mayor Kate <[email protected]>
Cc: Don Jeppson <[email protected]>
Subject: Fun eclipse party and a question
Hello Mayor Colin,
Thank you so much for the fun eclipse gathering at City Hall. Those are the nice things about our City.

My name is Laura Hamlin, and I have been living in San Rafael for almost 32 years. My kids went to Glenwood, Davidson and San Rafael High where they got to enjoy the wonderful Music and Drama classes.

I live in the Bret Harte neighborhood. As an architect I have done many projects in the neighborhood, as well as working on the Community Center in the Pilgrim Park apartments near Los Ranchitos.

I’d like to express my concerns about the un-housed people living in tents on Andersen Drive. I know this is not a situation that can be resolved easily - I’m aware of the lawsuit that is pending - but as a taxpayer who follows the rules and respects my neighbors, it would be nice if the city could do something to improve the situation.

Every morning when I drive on Andersen, I have to avoid pieces of pipe and debris that have fallen onto the road from the encampments. A lot of trash, mattresses, shopping carts and other debris are scattered around the tents.

The fence installed to separate the commercial buildings is full of graffiti, and the trash cans are always full.

I was wondering if the city can at least make sure the area is cleaned more regularly, as well as requiring people living there to comply with some basic rules that would keep the area cleaner.

Andersen Drive was develop to provide a nice gateway into downtown San Rafael, leading all the way to the Mission. Right now it is very unattractive and unwelcoming. It doesn’t make me proud of my city.

Thank you for listening to my concerns, and I hope the city can do something about it.

Sincerely,
Laura Hamlin
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 3/3 From: Mariah Baird
Sent: Friday, August 9, 2024 9:19 AM
To: Mayor Kate <[email protected]>
Subject: "This entire battle has been a total victory for the residents...at Mahon Creek." Prince is exactly right.  I am further disappointed that your statement quoted in the IJ about resolving encampments in an "empathetic" way totally ignores the residents of San Rafael --- your actual constituents - - who have to bear the burden of this ongoing appropriation and abuse of public property.  When will your office recognize that we are your constituents, and it is your job to make the necessary policy decisions on our behalf, rather than continuing to coddle a population that has no stake in the city, and the "nonprofit" industry that consumes city resources better used to benefit your constituents? 8/14/24, 10:56 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Mariah Baird
Sent: Tuesday, August 13, 2024 3:10 PM
To: Mayor Kate <[email protected]>
Subject: Does San Rafael have a new flag?
The Mahon Path camp has chosen one for you. Why are you continuing to permit this behavior? 8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 8/14/24, 11:40 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Mariah Baird
Sent: Tuesday, August 13, 2024 3:12 PM
To: Mayor Kate <[email protected]>
Subject: New tent site forming
This is at Woodland and Auburn. Will the city allow this to grow? 8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 8/14/24, 11:40 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 From: Natalie
Sent: Tuesday, August 13, 2024 1:49 PM
To: Mayor Kate <[email protected]>
Subject: Re: Encampments
Hi Mayor Kate,
I hope this message finds you well. My name is Natalie, and I am reaching out as a San Rafael homeowner and concerned parent.

Last December, we had a troubling experience when an unhoused individual, who appeared intoxicated and unstable, was walking down Irwin Street late at night. This person walked onto my and my neighbors' private properties and made threatening remarks, creating a genuinely frightening situation for me and my infant son (we were home alone at the time). Despite a call to the police from a neighbor, I don’t believe any assistance arrived.

I understand that being unhoused is not a crime, and I genuinely empathize with this population, but threatening and disturbing residents on their private property is deeply concerning. The homeless encampments on Andersen and Francisco in their current state are not a viable solution for San Rafael residents, housed or unhoused. While I recognize that the city has made some efforts on this issue, it's clear that the conditions of these camps are in no way contained to these areas, and are a threat to public safety and quality of life.

I have been closely following the Supreme Court's rulings and the subsequent state guidelines regarding these encampments. Many neighbors, including myself, are anxiously awaiting the city’s response to Governor Newsom’s recommendations to address and ultimately clear these encampments. However, it remains unclear how the city plans to move forward.

I’m disheartened to read that San Rafael is planning to further fund the Mahone Creek site using millions of dollars in grant money, legitimizing this hazardous and unsafe camp and ultimately designating it as a long-term solution. I’m also aware of the city’s investment in the Kerner street building renovation, but don’t see that as a holistic solution when many unhoused individuals decline services and prefer to remain outside of shelters or housing. To that point, while I recognize that the unhoused would ideally be located close to city services, it’s not lost on me that other neighborhoods in San Rafael do not have to bear the burden of having a sanctioned, city-funded homeless encampment just blocks away from their homes (or any neighborhood in Southern Marin for that matter). The Bret Harte and Picnic Hill neighborhoods are full of working-class families, and it continues to feel like the city is indifferent to our safety and quality of life.
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/2 We chose to move to San Rafael three years ago with hopes of raising our family in a vibrant community. Unfortunately, if the current issues persist, we will have to reconsider our decision to stay. The safety and well-being of our community are at stake, and it feels as though the current measures are falling short.

Before the August 19th City Council meeting, I urge you and other city officials to please reconsider the designation of the Mahone Creek Path as a permanent camp location. This site, along with the illegal camp on Andersen, are not appropriate or fair solutions for our neighborhoods and could further impact our downtown area negatively.

Thank you for taking the time to read this message. I genuinely care about our community and have compassion for those facing hardships. However, it is essential to find a sustainable approach that ensures the safety and well-being of all residents.

Best,
Natalie
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 2/2 From: Thomas Montgomery
Sent: Friday, August 9, 2024 11:33 AM
To: Mayor Kate <[email protected]>
Subject: Marin Independent Journal: Federal judge: San Rafael can enforce homeless camping law I thought you might like this story from Marin Independent Journal.

Time for action Ms. Mayor
Federal judge: San Rafael can enforce homeless camping law https://www.marinij.com/2024/08/08/federal-judge-san-rafael-can-enforce-homeless-camping-law/ 8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/none/id/AAMkAGVjMTVjZDc1LWViYmMtNDVhMi1hZTA0LTQzYmZjMjg3ZDExYQBGAAAAAAC6w%2F8mJPvIQr3k… 1/1 ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.b
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Sarah Teplitsky,
Associate Civil Engineer
April Miller, Public Works Director
Micah Hinkle, Community and
Economic Development Director
City Manager Approval: ______________
TOPIC: AMENDMENTS TO CHAPTER 15.155 (URBAN LOT SPLITS) AND CHAPTER 15.03 (MINOR SUBDIVISIONS (FOUR OR FEWER LOTS)) OF THE SAN RAFAEL

MUNICIPAL CODE
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 15.155 (URBAN LOT SPLITS) AND CHAPTER 15.03 (MINOR SUBDIVISIONS (FOUR OR FEWER LOTS))

OF THE SAN RAFAEL MUNICIPAL CODE TO CLARIFY AND IMPROVE THE PROCEDURE FOR IMPLEMENTATION OF GOVERNMENT CODE SECTION 66411.7 (SENATE BILL 9) RELATED TO URBAN LOT SPLITS
RECOMMENDATION:

Introduce an Ordinance amending Chapter 15.155 (Urban Lot Splits) and Chapter 15.03 (Minor Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code to clarify and improve the procedure for implementation of Government Code Section 66411.7 (Senate Bill 9) related to urban lot splits, waive further reading of the Ordinance, and refer to it by title only.

BACKGROUND:

On September 16, 2021, Governor Newson signed Senate Bill 9 (SB 9), the California Home Act, which requires municipalities to allow additional housing development on single-family zoned parcels through subdivisions and additional primary residential units.

This bill, which took effect on January 1, 2022, consists of two primary components:

1. SB 9 Housing Development (Government Code Section 65852.21). Provisions to allow development of up to two primary residential units on lots in single-family zoning districts; and

2. Urban Lot Splits (Government Code Section 66411.7). Provisions to allow the subdivision of lots in single-family zoning districts into two lots.

On July 18, 2022, the City Council introduced Ordinance No. 2013 to add Section 14.16.282 (SB 9 Housing Developments) and Chapter 15.155 (Urban Lots Splits) to the San Rafael Municipal Code to implement Government Code Sections 65852.21 and 66411.7 (Senate Bill 9) related to SB 9 Housing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Developments and Urban Lot Splits. Ordinance No. 2013 was then adopted by the City Council at the August 1, 2022 City Council meeting.

Since the adoption of Ordinance No. 2013, the City has received a number of Urban Lot Split development applications per the provisions of Chapter 15.155. The processing and review of these applications by the Departments of Community Development and Public Works has revealed some necessary changes to Chapter 15.155 to clarify and improve the procedure for Urban Lot Split applications.

ANALYSIS:

In the City of San Rafael, divisions of land into four or fewer lots are considered “Minor Subdivisions” and are governed by the procedures established by Chapter 15.03 of the San Rafael Municipal Code. Under Chapter 15.03, applications for minor subdivisions follow a two-step process. First, the applicant must apply for a tentative map and receive approval from the Community Development Director or, if required per Section 15.03.050, by the the Planning Commission. Once the tentative map has been approved, the applicant may submit a parcel map for approval by the City Engineer, and then record the approved parcel map with the County of Marin Recorder’s Office.

However, under Chapter 15.155, Urban Lot Split applications currently only require the preparation of a parcel map, without the initial step of preparing a tentative map that is required for all other types of minor subdivisions. SB 9 makes the distinction between urban lot splits and other types of minor subdivisions by providing that urban lot splits shall be ministerially approved, without discretionary review or hearing, if the proposed urban lot split meets certain requirements. However, pursuant to Government Code Section 66428(a), SB 9 does not preclude a local agency’s ability to require a tentative map in addition to a parcel map. Other agencies in the Bay Area, such as the City of Walnut Creek, have implemented SB 9 with the requirement to prepare both a tentative map and a parcel map for an urban lot split application.

There are multiple benefits to requiring a tentative map prior to a parcel map:

1. Consistency with Other City Processes. All other types of minor subdivisions follow a two-step application process, with a tentative map followed by a parcel map. Mirroring other City processes as much as possible reduces confusion for applicants and for City staff responsible for reviewing the applications.

2. Reduce Unnecessary Burden on the applicant. A tentative map and parcel map serve different purposes. The tentative map is primarily a planning document, used by the Community Development Department to verify that the proposed subdivision meets all applicable requirements. In the case of an Urban Lot Split application, the tentative map can be used to verify that the proposed urban lot split meets the objective development standards of Chapter

15.155.030 and that none of the circumstances listed as “Limitations on Approval” in Chapter

15.155.020 apply. The engineering aspects of the tentative map, such as lot layout and dimensions, may be approximate at this stage. If the tentative map is approved, then the applicant may submit a parcel map, which is primarily a technical engineering document reviewed and approved by the Public Works Department. A parcel map must be prepared by a registered civil engineer or licensed land surveyor and must contain final lot layout, including traverse closures and the computation of all distances, angle and courses. By separating the content required on the tentative map and parcel map, the applicant can avoid the burden of submitting the technical engineering calculations and mapping until the Community Development Department has verified that the proposed urban lot split does in fact meet the objective development standards by SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
approving the tentative map. If the tentative map is not approved, there is no benefit to the applicant going through the process of preparing a parcel map.

Therefore, Public Works staff, in collaboration with Community Development staff, have prepared an Ordinance to amend Chapter 15.155 to include a two-step application process of tentative map and parcel map for urban lot splits. The revisions lay out application requirements that refer back to Chapter

15.03 (Minor Subdivisions) as much as possible to provide consistency with other existing City processes.

During the process of revising Chapter 15.155 to implement a two-step application process, staff noticed other revisions that may be made to the chapter for clarity and/or improvement of the urban lot split application process. Consequently, Ordinance amendments also include the following revisions to Chapter 15.155:
• The tentative map application will require the property owner to submit signed affidavits certifying the following:
o The property owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split. This requirement is added pursuant to Government Code Section 66411.7(g). o No demolition or alteration of “protected housing” will be required for the proposed urban lot split. Demolition or alteration of “protected housing” is already not permitted per Section 15.155.020(F)(1), so the addition of an affidavit from the property owner provides further clarity that this requirement is fulfilled. o The property owner has not previously subdivided an adjacent parcel using an urban lot split. This is already not permitted per Section 15.155.020(F)(5), so the addition of an affidavit from the property owner provides further clarity that this requirement is fulfilled. • The parcel map will be required to contain a note on the map indicating that both new parcels were created using the provisions of Chapter 15.155 and that no further subdivision of the parcels is permitted. This requirement will help ensure compliance with Section

15.155.020(F)(4) in the future.
• Prior to approval and recordation of the parcel map, the applicant will be required to record a restrictive covenant and agreement prohibiting further subdivision of the parcel, a limitation restricting the property to residential uses only, and a requirement for dwelling units on the property to be rented or leased only for periods longer than thirty days. This requirement is added pursuant to Government Code Sections 66411.7(a)(3)(F), 66411.7(f), and 66411.7(h).

Finally, two proposed amendments to Chapter 15.03 have also been included in the Ordinance to clarify that tentative maps and parcel maps for urban lot splits submitted pursuant to Chapter 15.155 shall be reviewed ministerially in accordance with the provisions of SB 9.

COMMUNITY OUTREACH:

On August 9, 2024, this public hearing was duly noticed in the Marin Independent Journal for the City Council to receive public comments and consider an Ordinance amending the San Rafael Municipal Code.

FISCAL IMPACT: There is no fiscal impact associated with this action.

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

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

1. Introduce the Ordinance, waive further reading, and refer to it by title only.

2. Do not introduce the Ordinance, and direct staff to return with additional information or changes to the Ordinance.

RECOMMENDED ACTION:

Introduce an Ordinance amending Chapter 15.155 (Urban Lot Splits) and Chapter 15.03 (Minor Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code to clarify and improve the procedure for implementation of Government Code Section 66411.7 (Senate Bill 9) related to urban lot splits, waive further reading of the Ordinance, and refer to it by title only.

ATTACHMENTS:

1. Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 15.155 (URBAN LOT SPLITS) AND CHAPTER 15.03 (MINOR SUBDIVISIONS (FOUR OR FEWER LOTS)) OF TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL

MUNICIPAL CODE TO CLARIFY AND IMPROVE THE PROCEDURE FOR IMPLEMENTATION OF GOVERNMENT CODE SECTION 66411.7 (SENATE BILL 9)

RELATED TO URBAN LOT SPLITS
SECTION 1. FINDINGS
WHEREAS, Senate Bill 9 (Chapter 162, Statutes of 2021) enacted Section 66411.7 to the Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the City to provide ministerial approval of urban lot splits; and
WHEREAS, the City Council adopted Ordinance No. 2013 on July 18, 2022 to add Chapter

15.155 (Urban Lot Splits) to Title 15 (Subdivisions) of the San Rafael Municipal Code to implement the provisions of Government Code Section 66411.7; and WHEREAS, the application process for urban lot splits projects outlined in Chapter 15.155 does not include preparation of a tentative map prior to the parcel map; and WHEREAS, requiring preparation of a tentative map prior to the parcel map will provide consistency with other City processes for review of subdivisions and is permitted pursuant to Government Code Section 66428(a); and
WHEREAS, modification to the City’s ordinance as provided in the subject ordinance amendments is intended clarify and improve the application process for urban lot splits while continuing to implement the provisions of Government Code section 66411.7.

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

SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 15.155 OF TITLE 15
Section 15.155.020 of Chapter 15.155 (Urban Lot Splits) of Title 15 (Subdivisions) of the San Rafael Municipal Code is hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough. All other provisions of Chapter 15.155 are unaffected by these amendments.

15.155.020 Filing, processing, and action.

A. Ministerial Review. An urban lot split shall be ministerially approved, without discretionary review or hearing, if the proposed subdivision meets all provisions of this chapter and conforms to all applicable objective requirements of the Subdivision Map Act (Division 2) commencing with Section 66410 of the Government Code.

B. Tentative Parcel Map. Applicants for urban lot splits shall submit a parcel map application. Pursuant to Government Code Section 66428(a), a tentative map and parcel map shall be required for all proposed urban lots splits. Tentative map applications shall be filed with the Department of Community Development by the property owner(s) of record or representatives of the property owner (subdivider) and must include all information specified in Section 15.02.020(a)-(f) of this title. The tentative map shall be reviewed and approved prior to submittal of the parcel map application. As part of the tentative map application, the property owner shall provide signed affidavits, all in a form approved by the City Attorney:

1. A statement that the property owner intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to a property owner that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

2. If any existing housing is proposed to be altered or demolished, the owner of the property's statement that none of the conditions listed in Section 15.155.020(E)(3) exist. This affidavit shall include a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

3. The property owner shall also sign an affidavit stating that neither the property owner nor any person acting in concert with the property owner, has previously subdivided an adjacent parcel using an urban lot split.

C. Completeness Review of Tentative Map Application by Department of Community Development. Applications for a tentative map for an urban lot split shall be reviewed and processed by the Department of Community Development as follows:

1. Within thirty (30) days of receipt of the application, the Department of Community Development shall review the materials to determine if all information has been submitted to deem the application complete for processing; and shall advise the property owner and/or subdivider, in writing, whether the application is complete or is incomplete, listing the additional information needed for processing.

DC. Action by Department of Community Development. The city Department of Community Development shall act on a parcel tentative map application for an urban lot split within sixty (60) days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The city Department of Community Development has acted on the application if it:

1. Approves or denies a parcel tentative map application for an urban lot split; or

2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.

D. Parcel maps for urban lot splits shall not be conditioned on dedication of right-of-way or construction of offsite improvements.

E. Adverse Impact Upon Health and Safety. A proposed urban lot split shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

EF. Limitations on Tentative Map Approval. A proposed tentative map for an urban lot split shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:

1. The proposed map is not consistent with the development standards as specified in Section 15.155.030 of this chapter.

2. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

31.The proposed urban lot split would require demolition or alteration of "protected housing." Protected housing includes:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to rent control through valid local rent control provisions. c. A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within fifteen (15) years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act). d. Housing that has been occupied by a tenant in the last three (3) years.

42.The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a city or county landmark or historic property or district.

53.The parcel to be subdivided is located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code and does not satisfy the eligibility requirements therein.

64.The parcel to be subdivided has been established through prior exercise of an urban lot split pursuant to this chapter.

75.Either the owner of the parcel to be subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split pursuant to this chapter. "Acting in concert" means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

F. Tentative Map Conditions of Approval. A tentative map for an urban lot split may be approved subject to conditions of approval. Conditions of approval may include the imposing of restrictions and easements, consistent with the provisions of this title, and compliance with specific permit requirements such as set forth in Section 14.16.282.

Tentative maps for urban lot splits shall not be conditioned on dedication of right-of-way or construction of offsite improvements. Tentative maps shall be conditioned to require approval of a parcel map by the Department of Public Works.

G. Review of Parcel Map Application. Parcel maps shall conform to the requirements of, and shall be reviewed and approved pursuant to, Sections 15.03.090 through 15.03.140, with the following additional requirements:

1. The parcel map created pursuant to an urban lot split shall contain a note on the map indicating that both new parcels were created using the provision of this chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted.

2. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and shall contain the provisions listed below. a. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter;
b. A limitation restricting the property to residential uses only; and c. A requirement that dwelling units on the property may be rented or leased only for a period longer than thirty days.

SECTION 3. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 15.03 OF TITLE 15
Sections 15.03.050 and 15.03.120 of Chapter 15.03 (Minor Subdivisions (Four or Fewer Lots)) of Title 15 (Subdivisions) of the San Rafael Municipal Code are hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough.

All other provisions of Chapter 15.03 are unaffected by these amendments.

15.03.050 Referral to planning commission.

When the tentative map application is determined to be complete, the department of community development shall determine if the minor subdivision application is to be reviewed and acted on by the community development director or the planning commission, except for tentative maps submitted pursuant to Government Code 66411.7 and Chapter 15.155 of this title, which shall be reviewed ministerially. All minor subdivision applications shall be referred to the planning commission when:
(a) The application is determined to be subject to environmental review and the preparation of an initial study is required to assess the potential environmental impacts of the minor subdivision;
(b) The application includes a request for an exception from one or more of the provisions of this title;
(c) The property proposed for subdivision is located in a hillside area and is subject to the provisions of Chapter 15.07 of this title;
(d) The application is being processed concurrently with other applications requiring planning commission or city council approval;
(e) The application involves a division of land where one or more of the created lots or parcels does not have frontage on an existing public street; (f) The director of community development determines that there is extraordinary public concern about the proposed division; or
(g) The director of community development determines that the proposed division is of a size, importance or unique nature such that it is judged not to be a routine matter.

All minor subdivision applications referred to the planning commission for review and action shall be processed consistent with the major subdivision procedures set forth in Chapter 15.02 of this title.

15.03.120 Review by city engineer.
(a) Upon receipt of the parcel map application, the city engineer shall have sixty (60) calendar days to review and approve the parcel map and all supportive improvements plans and reports. Following initial review, the city engineer shall provide written comments and corrections on these materials to the subdivider's engineer, who shall, in turn, make corrections and/or additions until the map and supportive documents are acceptable to the city engineer, unless the project is approved pursuant to Government Code 66411.7 and Chapter 15.155 of this title, in which case the review shall adhere strictly to ministerial standards without requiring further modifications. The sixty (60) calendar days shall not include any days in which the improvement plans have been returned to the subdivider's engineer for correction or those days for which the plans are subject to review by agencies other than the city.
(b) Upon making all final corrections and additions, the subdivider's engineer shall submit the original parcel map to the city engineer. This original shall be submitted with the signatures of all parties required to execute the statements on the parcel map.

SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.

SECTION 5. COMPLIANCE WITH CEQA
Pursuant to Government Code Section 66411.7(n), enactment of this Ordinance is not considered a project under the California Environmental Quality Act (CEQA) as this action is to adopt an ordinance to implement the provisions of Section 66411.7 of the Government Code.

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

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

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 19th day of August 2024, and was passed and adopted at a regular meeting of the San Rafael City Council on the 3rd of September by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.a
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Sustainability
Prepared by: Kate Hagemann
Climate Adaptation and Resilience Planner
City Manager Approval: ______________
TOPIC: RESPONSE TO THE GRAND JURY REPORT ON SEA LEVEL RISE SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT TITLED “SEA LEVEL RISE: THE WATER IS UPON US WE CANNOT RUN - WE CANNOT HIDE” RECOMMENDATION:

Adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report titled, “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide”.

BACKGROUND:

The City is not required to respond to the Grand Jury Report; however, the City was listed as an “invited” respondent and therefore staff is recommending the attached response.

Any response to this Grand Jury report from the City should be approved by resolution of the City Council and submitted to the Presiding Judge of the Marin County Superior Court and the Foreperson of the Grand Jury on or before August 29, 2024. A proposed resolution is provided as Attachment 1.

On May 31, 2024, the 2023-2024 Marin County Civil Grand Jury released a report entitled “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide”. The Grand Jury report addresses the vulnerability of Marin County to sea level rise and notes that “Marin has areas in which geographic, social, and financial stressors exist, creating or accentuation flooding vulnerabilities. These include the Canal neighborhood, Marin City, and areas of Novato”. The report focuses on the significant impact sea level rise will have and reviews on-going and recent efforts to plan for adaptation. The report highlights that the estimated adaptation costs in Marin County alone are expected to be approximately $17 billion. This Grand Jury report is included as Attachment 2 and can also be accessed at the following link:
https://www.marincounty.gov/sites/g/files/fdkgoe241/files/2024-05/sea-level-rise_1.pdf The Grand Jury Report presents the following findings:

F1. A comprehensive countywide agency is necessary to effectively address the impacts of sea level rise in Marin County.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
F2. To be effective, a countywide agency created to address sea level rise in Marin County should include the County of Marin, all cities and towns, and appropriate special districts in Marin County as funding participants.

F3. The complete failure to create and implement effective countywide sea level rise adaptation projects in Marin County will result in significant damages and losses to commercial and residential properties as well as infrastructure, both public and private.

F4. The 2034 deadline imposed by Sections 30985-30985.8 of the California Public Resources Code for each California county to submit its official sea level rise mitigation plan is “too little too late” for Marin County, and delaying action until then will expose coastal and Bay areas to unnecessary flooding risks, financial and other losses.

F5. Under-represented populations reside in areas that are severely vulnerable to sea level rise because they are in low-lying ground.

F6. Sea level rise plans to be developed by a countywide entity should include adaptation strategies that directly apply to under-represented communities in low-lying areas with great exposure to sea level rise, such as the Canal District, areas of Novato, and Marin City, among others.

The Grand Jury Report presents the following list of recommendations:

By March 20, 2025, the following actions should be implemented by:

R1. The Board of Supervisors, in collaboration with Marin county cities, towns, Bel Marin Keys Community Services District and Marin Water should create a comprehensive countywide agency with authority to plan and implement adaptation efforts addressing the impacts of sea level rise in Marin County.

R2. The Board of Supervisors should actively enlist the participation and support of state and federal legislators toward the creation and funding of this comprehensive countywide agency.

R3. The Board of Supervisors should require the newly created countywide entity to create plans that recognize and address sea level rise exposure and the specific risks to the populations in the Canal District, Marin City, specific areas in Novato, and all low-lying geographic regions where lower income populations reside. The plan should identify and address the risks impacting those populations, which include:
(a) risks of becoming stranded due to inaccessible roads; (b) lack of transportation if evacuations are called;
(c) mold that may grow inside their homes;
(d) exposure to infectious diseases due to contaminated standing water; (e) need to relocate temporarily or permanently as a result of floods; and (f) other community-specific risks identified in regional assessments.

ANALYSIS:

The Grand Jury Report dated May 31, 2024, was distributed to the County of Marin and all cities/towns in Marin County.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Staff recommends that the City’s response acknowledge the need to respond to rising sea levels, especially in the most vulnerable communities, but await the findings from the on-going sea level rise study being led by the County of Marin before recommending a particular governance structure or funding approach. This study, the Marin County Sea Level Rise Adaptation Organizational Structure and Decision-Making Process, is focused on recommending a Countywide sea level rise decision-making model.

As seen in Figure 1, many areas within San Rafael will be seriously impacted by relative sea level rise that is expected over the next 20 to 40 years and therefore it is essential that adaptation efforts move ahead as expeditiously as possible.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Figure 1: Areas vulnerable to flooding with 1 foot of sea level rise Source: NOAA Sea Level Rise Viewer https://coast.noaa.gov/slr/
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Responses to Findings:

The Marin Civil Grand Jury has invited the City to respond to findings F1-F6 and recommendations R1- R3.

F1. A comprehensive countywide agency is necessary to effectively address the impacts of sea level rise in Marin County.

Response: Partially disagree.

We agree that a comprehensive approach to adaptation is beneficial; however, there are inherent differences between jurisdictions and physical areas of the county. These differences should be adequately acknowledged and honored in any comprehensive approach to adaptation. At this moment, staff believes it is premature to recommend a specific governance or funding model to advance adaptation efforts and it is more appropriate to review the findings and recommendations that will arise from the County-led research project that is focused on answering these questions. The City of San Rafael is actively participating in that project and looks forward to contributing to the collaborative effort.

The findings from that County-led study are expected in the first quarter of 2025.

F2. To be effective, a countywide agency created to address sea level rise in Marin County should include the County of Marin, all cities and towns, and appropriate special districts in Marin County as funding participants.

Response: Partially disagree
At this time there is an on-going study investigating the most appropriate governance and funding mechanisms to effectively address the challenges of sea level rise. We look forward to participating in that study and reviewing the findings and recommendations. Staff concludes that it would be premature to draw conclusions on the best governance model or funding structure before that study is concluded.

F3. The complete failure to create and implement effective countywide sea level rise adaptation projects in Marin County will result in significant damages and losses to commercial and residential properties as well as infrastructure, both public and private.

Response: Agree
A regional study led by the Bay Conservancy and Development Commission found that San Rafael is the community most at risk of significant impacts due to sea level rise expected in the short term in the entire Bay Area. The potential damages are significant to vulnerable residents, regional infrastructure, and commercial interests. San Rafael is closely connected to neighboring communities economically, socially, and through complex, interconnected infrastructure and transportation networks. Crossjurisdictional planning will be essential in developing adequate solutions to sea level rise.

F4. The 2034 deadline imposed by Sections 30985-30985.8 of the California Public Resources Code for each California county to submit its official sea level rise mitigation plan is “too little too late” for Marin County, and delaying action until then will expose coastal and Bay areas to unnecessary flooding risks, financial and other losses.

Response: Agree
While planning work is underway and some adaptation projects have moved forward, adaptation efforts need to be scaled up and funding must be allocated from both the state and federal government to implement the measures that the studies identify. Given the long lead time needed to design, permit, fund, and construct large infrastructure projects, it is essential that adaptation be advanced as expeditiously as possible. This is particularly true for East San Rafael, which is already lower than today’s highest tides and is experiencing impacts from sea level rise.

F5. Under-represented populations reside in areas that are severely vulnerable to sea level rise because they are in low-lying ground.

Response: Agree
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
In San Rafael, thousands of residents live on land that is already lower than today’s high tides and will be increasingly vulnerable as sea level continues to rise and the ground continues to subside. Equity considerations must be at the forefront of all adaptation investments and under-represented communities in vulnerable areas, such as East San Rafael, should be prioritized given the life-safety and displacement risks that exist there.

F6. Sea level rise plans to be developed by a countywide entity should include adaptation strategies that directly apply to under-represented communities in low-lying areas with great exposure to sea level rise, such as the Canal District, areas of Novato, and Marin City, among others.

Response: Partially disagree
We strongly agree that adaptation investments should be prioritized in under-represented communities most exposed to sea level rise, including the Canal neighborhood. However, it is not yet clear whether a countywide entity would be the best way to advance this goal advancing adaptation strategies in underrepresented communities.

RECOMMENDATIONS
By March 20, 2025, the following actions should be implemented by:

R1. The Board of Supervisors, in collaboration with Marin County cities, towns, Bel Marin Keys Community Services District and Marin Water should create a comprehensive countywide agency with authority to plan and implement adaptation efforts addressing the impacts of sea level rise in Marin County.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required.

R2. The Board of Supervisors should actively enlist the participation and support of state and federal legislators toward the creation and funding of this comprehensive countywide agency.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required.

R3. The Board of Supervisors should require the newly created countywide entity to create plans that recognize and address sea level rise exposure and the specific risks to the populations in the Canal District, Marin City, specific areas in Novato, and all low-lying geographic regions where lower income populations reside. The plan should identify and address the risks impacting those populations, which include:
(a) risks of becoming stranded due to inaccessible roads; (b) lack of transportation if evacuations are called;
(c) mold that may grow inside their homes;
(d) exposure to infectious diseases due to contaminated standing water; (e) need to relocate temporarily or permanently as a result of floods; and (f) other community-specific risks identified in regional assessments.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
OPTIONS:

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

1. Adopt the resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report entitled, “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide”.

ATTACHMENTS:

1. Resolution, with attached City Response to the Grand Jury Report

2. Grand Jury Report dated May 31, 2024
RESOLUTION NO.

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

APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE

RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT
ENTITLED “SEA LEVEL RISE: THE WATER IS UPON US. WE CANNOT RUN - WE CANNOT HIDE”
WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin County Grand Jury Report, dated May 31, 2024, entitled “Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide;” and
WHEREAS, the City of San Rafael was invited to respond
WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final grand jury report addressing aspects of the public agency’s operations must, within ninety (90) days, provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson of the grand jury, responding to the report’s findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and
WHEREAS, Penal Code section 933.05 specifies the required contents of a city’s response to findings and recommendations of a civil grand jury; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby:

1. Approves and authorizes the Mayor to execute the City’s response to the Marin County Grand Jury’s dated May 31, 2024, entitled “Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide;” a copy of which response is attached hereto as Attachment 1 and incorporated herein by reference.

2. Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the Marin County Superior Court, with copy to the foreperson of the Marin County Grand Jury.

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 San Rafael City Council held on the 19th day of August 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:
_____________________
LINDSAY LARA, City Clerk

RESPONSE TO GRAND JURY REPORT FINDINGS AND

RECOMMENDATIONS
REPORT TITLE: “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide”
REPORT DATE: May 31, 2024
RESPONSE BY: San Rafael City Council

GRAND JURY FINDINGS
 The City agrees with the finding(s) numbered: F3, F4, F5  The City disagrees partially with the finding(s) numbered: F1, F2, F6

GRAND JURY RECOMMENDATIONS
 Recommendations numbered R1, R2, and R3 do not require a response by the City of San Rafael because they are recommendations for the Board of Supervisors, not the City of San Rafael.

Date: _____________________ Signed: __________________________ Mayor Kate Colin
ATTACHMENT 1
City of San Rafael Response to Grand Jury Report Findings and Recommendations “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide” May 31, 2024
City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 4

RESPONSE TO GRAND JURY FINDINGS
F1. A comprehensive countywide agency is necessary to effectively address the impacts of sea level rise in Marin County.

Response: Partially disagree.

We agree that a comprehensive approach to adaptation is beneficial; however, there are inherent differences between jurisdictions and physical areas of the county. These differences should be adequately acknowledged and honored in any comprehensive approach to adaptation. At this moment, staff believes it is premature to recommend a specific governance or funding model to advance adaptation efforts and it is more appropriate to review the findings and recommendations that will arise from the County-led research project that is focused on answering these questions. The City of San Rafael is actively participating in that project and looks forward to contributing to the collaborative effort.

F2. To be effective, a countywide agency created to address sea level rise in Marin County should include the County of Marin, all cities and towns, and appropriate special districts in Marin County as funding participants.

Response: Partially disagree
At this time there is an on-going study investigating the most appropriate governance and funding mechanisms to effectively address the challenges of sea level rise. We look forward to participating in that study and reviewing the findings and recommendations. Staff concludes that it would be premature to draw conclusions on the best governance model or funding structure before that study is concluded.

F3. The complete failure to create and implement effective countywide sea level rise adaptation projects in Marin County will result in significant damages and losses to commercial and residential properties as well as infrastructure, both public and private.

Response: Agree
A regional study led by the Bay Conservancy and Development Commission found that San Rafael is the community most at risk of significant impacts due to sea level rise expected in the short term. The potential damages are significant to vulnerable residents, regional infrastructure, and commercial interests. San Rafael is closely connected to neighboring communities economically, socially, and through complex, interconnected infrastructure and transportation networks. Cross-jurisdictional coordination will be essential in developing adequate solutions to sea level rise.

City of San Rafael Response to Grand Jury Report Findings and Recommendations “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide” May 31, 2024
City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 4 F4. The 2034 deadline imposed by Sections 30985-30985.8 of the California Public Resources Code for each California county to submit its official sea level rise mitigation plan is “too little too late” for Marin County, and delaying action until then will expose coastal and Bay areas to unnecessary flooding risks, financial and other losses.

Response: Agree
While planning work is underway and some adaptation projects have moved forward, adaptation efforts need to be scaled up and funding must be allocated from both the state and federal government to implement the measures that the studies identify. Given the long lead time needed to design, permit, fund, and construct large infrastructure projects, it is essential that adaptation be advanced as expeditiously as possible. This is particularly true for East San Rafael, which is already lower than today’s highest tides and is experiencing impacts from sea level rise.

F5. Under-represented populations reside in areas that are severely vulnerable to sea level rise because they are in low-lying ground.

Response: Agree
In San Rafael, thousands of residents live on land that is already lower than today’s high tides and will be increasingly vulnerable as sea level continues to rise and the ground continues to subside. Equity considerations must be at the forefront of all adaptation investments and underrepresented communities in vulnerable areas, such as East San Rafael, should be prioritized given the life-safety and displacement risks that exist there.

F6. Sea level rise plans to be developed by a countywide entity should include adaptation strategies that directly apply to under-represented communities in low-lying areas with great exposure to sea level rise, such as the Canal District, areas of Novato, and Marin City, among others.

Response: Partially disagree
We strongly agree that adaptation investments should be prioritized in under-represented communities most exposed to sea level rise, including the Canal neighborhood. It is not yet clear whether a countywide entity would be the best way to advance this goal advancing adaptation strategies in under-represented communities.

City of San Rafael Response to Grand Jury Report Findings and Recommendations “Sea Level Rise: The Water is Upon Us We Cannot Run - We Cannot Hide” May 31, 2024
City of San Rafael Response to Grand Jury Findings and Recommendations Page 4 of 4

RECOMMENDATIONS
By March 20, 2025, the following actions should be implemented by:

R1. The Board of Supervisors, in collaboration with Marin County cities, towns, Bel Marin Keys Community Services District and Marin Water should create a comprehensive countywide agency with authority to plan and implement adaptation efforts addressing the impacts of sea level rise in Marin County.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required.

R2. The Board of Supervisors should actively enlist the participation and support of state and federal legislators toward the creation and funding of this comprehensive countywide agency.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required.

R3. The Board of Supervisors should require the newly created countywide entity to create plans that recognize and address sea level rise exposure and the specific risks to the populations in the Canal District, Marin City, specific areas in Novato, and all lowlying geographic regions where lower income populations reside. The plan should identify and address the risks impacting those populations, which include:
(a) risks of becoming stranded due to inaccessible roads; (b) lack of transportation if evacuations are called;
(c) mold that may grow inside their homes;
(d) exposure to infectious diseases due to contaminated standing water; (e) need to relocate temporarily or permanently as a result of floods; and (f) other community-specific risks identified in regional assessments.

Response: The City of San Rafael does not have the authority to direct the Board of Supervisors to implement this recommendation. No further response by the City is required. 2023-2024 Marin County Civil Grand Jury
Sea Level Rise: The Water is Upon Us
We Cannot Run - We Cannot Hide
May 31, 2024
Source: County of Marin: https://www.marincounty.org/main/sea-level-rise Rising sea levels resulting from climate change. Mill Valley, Marin, circa 2020.

SUMMARY
The National Oceanic and Atmospheric Administration (NOAA) projects a 12-inch increase in sea level for the San Francisco Bay Area between now and 2050. This means that for the young girl in the photo above, the water may reach higher than the top of her green boots. The girl in the photograph, and others, may often find themselves in a knee-deep-in-water situation throughout the coming years. Twelve inches in 26 years.

Sea level rise can be as impactful as the fires seen across California and elsewhere in recent years. How? By damaging or destroying properties, rendering homes uninhabitable, making roads impassable, impacting power lines and pipes above and below ground, and threatening lives. However, since the effects of sea level rise are projected for years from now, more immediate issues may be prioritized, regardless of future risks. In addition, the complexity of addressing sea level rise may result in the postponement of critical adaptation actions such as building barrier walls to protect shoreline properties and hardening underground electric and sewage infrastructure. This approach will leave communities exposed to growing flood vulnerabilities.

The consequences of sea level rise will not suddenly bubble up in 2050 in Marin, or elsewhere.

Impacts are already being seen and felt and they will become even more apparent and damaging over the coming years. What are the consequences for Marin? A 2017 Marin-focused vulnerability assessment conducted by The Bay Waterfront Adaptation and Vulnerability Evaluation (BayWAVE) describes potential risks caused by a ten-inch increase in sea level by 2050. The assessment points out that in just fifteen years sea level rise may threaten and damage Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide Marin County Civil Grand Jury Page 2 of 29
shoreline buildings, roads and utility systems, impacting all of Marin. The evaluation also finds that a one hundred year storm surge, which would rise sea waters as a result, would render ferry facilities unusable and impede commuters from traveling across the San Francisco Bay. Fire stations in low-lying areas would flood and emergency vehicles would lack the ability to respond to calls for assistance. Some levees, such as those south of Novato would be overtopped, flooding surrounding areas. Pipelines under vulnerable roads, as well as those in and around flood-prone properties would be squeezed between rising groundwater and the roads. As a result, pipes would break, leak, damage roads, impede the movement of cars, and flood properties, including critical infrastructure.1
Marin is facing 10-12 inches of sea level rise in the span of 26 years. But the water has already arrived. Marin residents have been experiencing sea level rise and related tidal flooding in Corte Madera, Marin City, Mill Valley, and Sausalito, among other towns. This trend will only increase in frequency and intensity over the coming years.

Focusing on Marin County’s bayside areas, this Grand Jury report addresses the following five aspects of sea level rise:

1. Sea level rise projections for 2050, resulting in possible financial losses and other impacts.

2. SB272, titled Sea Level Rise Planning and Adaptation, a 2023 state law requiring all California coastal cities to formulate sea level rise plans to be completed no later than 2034.

3. Information about newly emerging efforts to create a county-wide agency to address sea level rise in Marin, spearheaded by the Board of Supervisors.

4. Details about sea level rise initiatives in Marin that are being conducted independently by cities and towns with great exposure to flooding.

5. A description of how OneShoreline, also known as the San Mateo County Flood and Sea Level Rise Resiliency District, functions. The report describes how OneShoreline functions, its advantages and challenges. OneShoreline offers insights as to how a Marin countywide sea level rise entity could be formed and operate.

Based on its findings, the Grand Jury recommends that the county create an overarching, countywide agency with the ability to require all cities and towns to participate in sea level rise adaptation efforts. In addition, the Board of Supervisors should enlist the participation and support of state and federal legislators in its efforts to create the above-mentioned agency. While the new California sea level rise law establishes a 2034 deadline for each county to submit sea level rise adaptation plans, the Grand Jury concludes that Marin cannot wait ten years to complete such a plan because sea level rise is already impacting its communities, and flood risks will only increase over time.

Scientific assessments and sea level rise descriptions can be found in Appendix A in this report. 1 Marin Shoreline Sea Level Rise Vulnerability Assessment. June 2017. Bay Waterfront Adaptation and Vulnerability Evaluation, BayWAVE. Executive Summary, page 18.

Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide Marin County Civil Grand Jury Page 3 of 29

BACKGROUND
Why write this sea level rise report now?
Because by 2050, NOAA predicts floods will occur ten times more than they do currently.2 A 2020 Marin County Civil Grand Jury report about climate change, including sea level rise, urged the county government to create a multijurisdictional entity to focus on this issue. That Grand Jury found that this new entity should include all eleven cities and towns in Marin and should be able to design and undertake comprehensive adaptation and mitigation initiatives. The impetus for the 2020 report was the persistent lack of a countywide climate change agenda.3 In late 2023, the Board of Supervisors heeded the 2020 Grand Jury recommendation.4 Subsequently, they hired AECOM, a Dallas infrastructure consulting firm, to find the best approach to create such a countywide entity.5 The Grand Jury advises that as this new process unfolds it behooves the county government to widely inform and educate the public about the nature of this risk and impending sea level rise consequences directly impacting them. Public support for any effort in this area can only be gained if the full impact of sea level rise on both coastal and non-coastal areas is widely understood.

Marin will greatly benefit from acting on the insights and recommendations that this report offers about sea level rise adaptation plans and actions. These insights are based on a review of Marin’s bayside cities and towns undertakings to date, as well as examples of sea level rise adaptation efforts elsewhere in the Bay Area.

This Grand Jury report is directed at the Marin County Board of Supervisors. The Grand Jury also seeks to reach the public at large, providing Marin County residents with the most up-todate sea level rise information. This is as much a service to the community as it is making people aware of rising sea levels and associated risks to them. 2 National Oceanic and Atmospheric Administration, U.S. coastline to see up to a foot of sea level rise by 2050, February 15, 2022, https://www.noaa.gov/news-release/us-coastline-to-see-up-to-foot-of-sea-level-rise-by-2050, (accessed 3/8/24).
3 Marin County Civil Grand Jury, Climate Change: How will Marin Adapt?, September 11, 2020, https://www.marincounty.gov/sites/g/files/fdkgoe241/files/2024-01/climate-change-how-will-marin-adapt-2.pdf, (accessed 5/3/24).
4 Government Contracts & Bids - GOVCB, Marin County Sea Level Rise Adaptation Organizational Structure and Decision Making Process, October 3, 3023, https://www.govcb.com/government-bids/Marin-County-Sea-LevelRise-Adaptation-And-NBD10537709459578961.htm, (accessed 5/3/24). 5 “Marin County allocates $500K for sea level rise plan.” Marin Independent Journal, March 19, 2024, https://www.marinij.com/2024/03/19/marin-county-allocates-500k-for-sea-level-rise-plan/, (accessed 5/10/24).

Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide Marin County Civil Grand Jury Page 4 of 29

APPROACH
To undertake this sea level rise investigation, the Grand Jury conducted interviews with key stakeholders in Marin in a range of departments within county government offices. Additionally, the Grand Jury interviewed sea level rise experts and non-profit leaders. The Grand Jury also interviewed sea level rise leaders outside of Marin to assess how other Bay Area counties are tackling risks through countywide agencies.

The Grand Jury reviewed the Request For Proposal the county government issued in 2023 to identify and hire consultants that will help find the best approach for a countywide, cohesive, and sustained collaboration among all eleven cities and counties in Marin.

A wide range of Marin-centered sea level rise assessments, as well as scientific reports about climate change and sea level rise on a global scale also inform this report. The Grand Jury reviewed local, state, and national media articles on the subject.

In mid-2023, the Grand Jury identified sea level rise as a topic of critical importance, conducting research for ten months. This report was completed on May 15, 2024.

Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide Marin County Civil Grand Jury Page 5 of 29

DISCUSSION
Flooded path in Mill Valley. King tide on Friday, Jan. 11, 2024 Source: Sherry LaVars, Marin Independent Journal, January 12, 2024 NOAA has estimated that the San Francisco Bay Area will experience at least 12 inches of sea level rise by 2050.6 The most recent calculations presented by the California Ocean Protection Council indicate that in the next 30 years sea levels are likely to rise between 0.8 feet to one foot in California. This state-wide range starts at a slightly lower level than NOAA’s San Francisco Bay Area’s estimate.7 Either way, sea levels between 2050-2055 will be at, or near, one foot higher than they are today.

While mitigation, such as actions conducted to reduce human-caused gas emissions into the atmosphere, is very important, this report focuses on adaptation strategies. Adaptation actions include, among others, building sea walls, protecting above and underground critical infrastructure, and restoring marshlands to reduce the physical impact of raising waters. The Grand Jury focuses on adaptation because mitigation requires global attention. Marin’s mitigation actions alone cannot make an immediate and significant difference for its residents to safeguard them from flooding. By implementing adaptation strategies, Marin can protect a wide range of personal property and critical infrastructure faster than any mitigation action could achieve. Through adaptation, Marin will preserve its natural sites, which offer ample recreational opportunities. Furthermore, natural sites help absorb the brunt of climate change in general, and sea level rise in particular.

Marin’s cities and towns with greater exposure to sea level rise This year, 2024, the Transportation Authority of Marin’s Board of Commissioners approved funding for a sea level rise study to pinpoint the most exposed and vulnerable areas in the 6 Richard Halstead, “Marin sea level defense costs estimated at $17B,” Marin Independent Journal, October 30, 2023, https://www.marinij.com/2023/10/28/marin-sea-level-defense-costs-estimated-at-17b, (accessed 3/8/24). 7 California Ocean Protection Council and California Ocean Science Trust, State of California sea level rise guidance: 2024 science and policy update (draft), January 2024, p. 7, https://opc.ca.gov/wpcontent/uploads/2024/01/SLR-Guidance-DRAFT-Jan-2024-508.pdf, (accessed 5/10/24).

Sea Level Rise: The Water Is Upon Us. We Cannot Run - We Cannot Hide Marin County Civil Grand Jury Page 6 of 29
county. In its latest draft, this study indicates it will focus on adaptation planning and solutions to sea level rise risks. The study is expected to be completed by the end of 2024.8 According to the above-mentioned study’s observations to date, there are 19 geographic areas of concern in Marin; most are coastal. Those areas that are not on the coast are nonetheless exposed to groundwater rise and flooding.9 The areas of concern are the following: Bel Marin Keys, Belvedere and Tiburon, Bolinas, the Hamilton Wetlands, Inverness, Marin City, Manzanita and Tamalpais Junction, Mill Valley, downtown and western Novato, Santa Venetia, Sausalito, Stinson Beach, Highway 37, Highway 101, San Rafael, Kentfield, Corte Madera, Terra Linda, and Larkspur.10
The Transportation Authority of Marin’s Board of Commissioners indicates that critical infrastructure sites in Marin are at risk of sea level rise. These include: bus stops, hospitals; municipal facilities; fire and police stations; schools; and childcare centers; among others.11 The timing and degree of adaptation action will have socio-economic consequences that could lead to unequal results across the Bay Area region and beyond. The San Francisco Bay Conservation and Development Commission (BCDC) indicates that low-income, at-risk communities, particularly those in low-lying areas, are exposed to high levels of disruption caused by sea level rise.12 Thus, adaptation action plans will be most effective by including components that pinpoint where the highest and most immediate risks are, who is at risk, and what is at risk. As a result, these plans will be able to specify what has to be done and when in order to respond to sea level rise strategically and equitably.

Marin has areas in which geographic, social, and financial stressors exist, creating or accentuation flooding vulnerabilities. These include the Canal neighborhood, Marin City, and areas of Novato.

Marin County Health and Human Services released its climate change vulnerability dashboard in 2024.13 This dashboard discusses coastal flooding as a result of sea level rise and related risks to vulnerable populations. The document identifies low-lying areas where the elderly, as well as low-income populations reside. During floods, people in these areas may become stranded due to inaccessible roads, or they may lack transportation access if flood evacuations are ordered. Mold 8 Caitlin Hamer, Marin Living, New study to look at sea level impact in Marin, 2024, https://marinlivingmagazine.com/new-study-to-look-at-sea-level-impact-in-marin, (accessed 3/7/24). 9 Krissy Waite, “Marin agency’s sea level rise study highlights vulnerable areas”, Marin Independent Journal, February 29, 2024, https://www.marinij.com/2024/02/29/marin-agencys-sea-level-study-highlights-vulnerableareas, (accessed 3/7/24). 10 Waite, “Marin agency’s sea level rise study highlights vulnerable areas” 11 Waite, “Marin agency’s sea level rise study highlights vulnerable areas” 12 San Francisco Bay Conservation and Development Commission, Bridging the gap: Funding sea level rise adaptation in the Bay Area, December 2021, p. 4, https://www.adaptingtorisingtides.org/wpcontent/uploads/2021/12/ART_FundingFinancingPaper2021.12.20.pdf, (accessed 3/18/24). 13 Marin Health and Human Services, Marin County Climate and Health, https://www.marinhhs.org/marin-countyclimate-and-health, (accessed 4/22/24).

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may grow inside their homes, they may be exposed to infectious diseases due to contaminated standing water, and relocation may be difficult due to economic hardships.14 The dashboard provides detailed maps for each town in Marin. These maps identify flooding and vulnerability risk areas due to sea level rise, categorizing these as low, moderate, and higher for each town and city in the county. Anyone with computer access can view these maps by going to Marin County Climate and Health (https://www.marinhhs.org/marin-county-climate-and-health) and scrolling through this document to identify relevant information.

The Grand Jury surmises that by creating and making public a climate change and sea level rise dashboard, Marin Health and Human Services has made strides in the area of access to information and equity Marin.

The map below, recently released on the Department of Health and Human Services dashboard, offers a view of sea level rise vulnerability areas in Marin with color-coded coastal flood risk levels.
14 Editorial, “Marin’s plan to address sea level rise must strive for social, economic equity”, Marin Independent Journal, April 18, 2024, https://www.marinij.com/2024/04/18/editorial-marins-plan-to-address-sea-level-rise-muststrive-for-social-economic-equity, (accessed 4/22/24).

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Map 1
Source: Marin Health and Human Services, Marin County Climate and Health https://marinhhs.org/marin-countyclimate-and-health, (accessed 4/30/24) Sea level rise and financial costs
Sea level rise costs will be significant if inaction trumps adaptation advancement. What does this mean for Marin? The county’s more than seventy miles of coastline and forty miles of shoreline are subject to sea level rise, tidal, creek, and storm flooding. In fact, 10,000 buildings and 120 miles of roads are found to be exposed to sea level rise risks by 2100.15 The San Francisco Bay Conservation and Development Commission estimates that the cost of adaptation in Marin will be approximately $17 billion.16 This agency sees dire sea level rise consequences for the Bay Area within the next 40 years. The Commission has also calculated that adaptation costs for the nine Bay Area counties will reach $110 billion. However, lack of action will result in an estimated $230 billion in costs related to damages and losses–more than double, compared to adaptation costs.17 If Marin does not undertake adaptation actions, the costs could be higher than $34 billion, based on the overall Bay Area projections for inaction.

In 2017, the Bay Waterfront Adaptability & Vulnerability Evaluation program (BayWAVE) completed the Marin Shoreline Sea Level Rise Vulnerability Assessment. The authors of this sea 15 Richard Halstead, “Marin County allocates $500K for sea-level rise plan”, Marin Independent Journal, March 21, 2024, https://www.marinij.com/2024/03/19/marin-county-allocates-500k-for-sea-level-rise-plan, (accessed 5/10/24). 16 Halstead, “Marin sea level defense costs estimated at $17B”. 17 Wren Farrell, KALW Public Media, Marin County is preparing for rising sea levels, October 26, 2023, https://www.kalw.org/climate/2023-10-26/marin-county-is-preparing-for-rising-sea-levels, (accessed 4/22/24).

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level rise technical report found that shoreline flooding will worsen over the coming years if no countywide actions are taken. They also found that “the market value of vulnerable single family homes could exceed $20 billion in 2016 dollars.”18 In 2024 dollars, this figure is nearly $6 billion higher, or $26 billion. Notably, this is an estimate for single family homes, and it does not include other structures such as condominiums and apartment buildings, businesses, local government offices, parks, roads, and other critical infrastructure. Thus, the market value of vulnerable properties as a whole, and the resulting risks of financial losses are much bigger.

Collaboration is key for effective sea level rise action Given the Grand Jury’s jurisdiction, this report concentrates solely on Marin’s governmental agencies. Action needs to be undertaken on a broad scale. Marin’s governmental agencies alone cannot fix the county’s sea level rise risks. Addressing sea level rise requires the knowledge of the scientific community as well as local, state, and federal governmental support–strategic and financial. In addition, philanthropy, non-profit, and for profit entities, working in concert, can and should be part of a broad spectrum of agencies addressing and supporting sea level rise adaptation efforts.

In the San Francisco Bay Area, collaborative efforts are underway. The countywide entity to be established in Marin needs to examine these and other agencies for possible collaborations. The following are seven examples of participating agencies:19

1. The Metropolitan Transportation Commission/Association of Bay Area Governments’ (MTC/ABAG) Plan Bay Area 2050

2. Bay Area Climate Adaptation Network (BayCAN)

3. San Francisco Estuary Partnership’s (SFEP) Estuary Blueprint

4. San Francisco Bay Restoration Authority's (SFBRA) Measure AA

5. San Francisco Estuary Institute’s (SFEI) Adaptation Atlas3

6. San Francisco Bay Conservation and Development Commission’s (BCDC) ART Bay Area project, and

7. BCDC-facilitated Bay Adapt2 initiative
In the following section the Grand Jury provides the most up-to-date available information concerning the following: a new state sea level rise law impacting Marin and all of California’s coastal areas in its 58 counties. The report also details sea level rise actions taken by Bel Marin Keys, Corte Madera, Larkspur, Mill Valley, Novato, Sausalito and San Rafael. While there are eleven cities and towns in Marin, the Grand Jury has chosen to address these seven jurisdictions because of their high levels of exposure to sea level rise. 18 Bay Waterfront Adaptability & Vulnerability Evaluation (BayWAVE), Marin shoreline sea level rise vulnerability assessment, June 7, 2017, https://www.marincounty.org/- /media/files/departments/cd/planning/slr/baywave/vulnerability-assessmentfinal/final_allpages_bvbconsulting_reduced.pdf?la=en, p. xxiv, (accessed 5/10/24). 19 San Francisco Bay Conservation and Development Commission, Bridging the gap: Funding sea level rise adaptation in the Bay Area, December 2021, p. 7, https://www.adaptingtorisingtides.org/wpcontent/uploads/2021/12/ART_FundingFinancingPaper2021.12.20.pdf, (accessed 3/18/24).

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Additionally, in the following section, the report describes OneShoreline, a district that directly addresses flood control and sea level rise in San Mateo County. OneShoreline illustrates how a formal, countywide effort can be planned and established. To provide insight for the Board of Supervisors as they work on creating the Marin countywide sea level rise entity, this report describes how OneShoreline was created, as well as the methods it employs to advance sea level rise knowledge, generate action plans, and work collaboratively with its cities and towns.

California Sea level rise planning and adaptation bill SB272 On October 7, 2023, Governor Gavin Newsom signed into law Senate Bill 272 entitled “Sea level rise: planning and adaptation”. The new law, sections 30985-30985.8 of the California Public Resources Code, requires local governments in bay and coastal jurisdictions to create sealevel rise plans based on the best available science, conduct vulnerability assessments, determine adaptation strategies, and identify a list of recommended projects with timelines. Local governments have until January 2034 to develop their state-mandated sea level rise plans.

Reception of SB 272 has been mixed. For example, “the state legislation is a game changer in some ways, but not in others,” says Dana Brechwald, Assistant Planning Director for Climate Adaptation with BCDC. “Before we were trying to get this done on the basis of collaboration, engagement, and goodwill; now it is legislatively mandated.”20 While the new law stops short of declaring exactly where state funding will come from for sea level rise plans and adaptation projects, it allows the state to prioritize funding for cities and counties with plans in place. The law also empowers BCDC to provide oversight and accountability to accelerate consistent, equitable, and effective shoreline resilience plans that protect vulnerable communities.

Some in the Bay Area are concerned that the 2034 deadline is too late. Others point out that the law applies to cities and counties, but does not include specific requirements for infrastructure such as airports, hospitals, and harbors. No local government can address climate threats alone, so resilience and adaptation plans and activities should align protection across multiple jurisdictions.21
Sea level rise initiatives in Marin’s bayside communities The Marin Climate and Energy Partnership (MCEP) was created in 2007. MCEP is a partnership of the eleven Marin cities and towns, the county government, and three public agencies serving Marin. This partnership was established to provide a vehicle through which members can share resources and secure funding to discuss policies and programs, including emissions and adaptation strategies, as well as collecting data and sharing progress on their plans and actions.22 20 Ariel Rubissow Okamoto, KneeDeep Times, Nested Plans Neck and Neck With Rising Bay, Nov 1, 2023, https://www.kneedeeptimes.org/nested-plans-neck-and-neck-with-rising-bay, (accessed 5/3/24). 21 Ezra David Romero, KQED, California Mandates Coastal Cities Plan for Future Sea-Level Rise, Oct 18, 2023, https://www.kqed.org/science/1984830/california-mandates-coastal-cities-plan-for-future-sea-level-rise, (accessed 5/3/24).
22 The Marin Climate and Energy Partnership, https://marinclimate.org/about-us, (accessed 4/30/24).

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The bayside cities and towns discussed below are part of Marin Climate and Energy Partnership.

By virtue of their geographic location, these jurisdictions are directly threatened by sea level rise.

They have created independent mitigation or adaptation plans, or a combination of both.

To date, a countywide sea level rise adaptation entity is still absent. As a result, the plans put forth by each city and town remain without integration into a broader, countywide vision and adaptation framework. These individual plans and actions taken to date still have validity. The plans include a plethora of adaptation strategies, such as building walls and protecting marshland, and recognize equity as a key factor to be taken into account. These cities and towns also understand that, in some cases, managed retreat from coastal areas may become the only option. If, and when, the countywide sea level rise adaptation entity is created, these city and town plans will add value to the broader endeavor. They will help reduce the amount of time it will take to create a comprehensive, countywide sea level rise adaptation plan, and offer proven methods that could be expanded.

Bel Marin Keys
Bel Marin Keys is a waterfront development of 702 single family homes located in northeastern Marin. It is bordered by Novato to the west and the San Francisco Bay to the east. The community of Bel Marin Keys is serviced and funded by the Bel Marin Keys Community Services District (BMK Services District). The BMK Services District is a non-enterprise Special District. It is a public entity, not a homeowners association. As such it derives virtually all its revenue from a percentage of the property taxes collected by the County of Marin. The total population serviced by the District is approximately 2,500.

Because Bel Marin Keys borders the San Francisco Bay and surrounds two large lagoons which open into Novato Creek and the Bay, the community is very susceptible to sea level rise. BMK Services District therefore placed a measure on the ballot for March 5, 2024, called Measure G.

The ballot title for Measure G was as follows:

Bel Marin Keys Community Services District Infrastructure Special Tax. To protect against climate impacts and establish funding that cannot be taken by the State of California, shall Bel Marin Keys Community Services District’s measure levying a special tax for 21 years to finance costs of maintaining, improving, acquiring and constructing existing and new infrastructure, including locks and levees, and dredging waterways, at an initial annual rate of $1,800 ($150/month) per taxable parcel (generating $1,263,600 in tax year 2024-25), increasing 2.5 percent annually thereafter, be adopted? The measure required a 66.67% majority to pass, and it passed with 79.64 percent of the vote.23 23 Bel Marin Keys Community Services District, California, Measure G, Parcel Tax Measure (March 2024) - Ballotpedia,
https://ballotpedia.org/Bel_Marin_Keys_Community_Services_District,_California,_Measure_G,_Parcel_Tax_Mea sure_(March_2024), (accessed 5/15/24).

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As observed by one of Bel Marin Keys’ residents, “This area is the perfect lab for exploring native solutions to sea level rise. It’s where people are working to correct the mistakes that were made.”24
Corte Madera
In 2018, Corte Madera received funds from Caltrans to develop a climate change assessment, which the town conducted between 2019 and 2020.25 The Climate Adaptation Assessment (CAA) was released in May 2021, and provides action steps to build resilience in light of climate change.

In its plan, Corte Madera addresses historically disadvantaged communities in its community who are at high risk of floods due to their geographic location. The plan highlights the importance of equity in adapting to climate change and sea level rise. This approach, according to the Corte Madera plan, will help to build equitable resilience.26 Corte Madera’s Climate Adaptation Assessment provides strategies to address the growing risk of sea level rise floods. The authors of this document identify key elements of the adaptation process, which include: “flood accommodation; shoreline protection; and managed retreat.”27 It is important to recognize that there may come a time when managed coastal retreat is the answer.

This recognition points to specific critical action, as difficult and costly as it may happen to be.

In Corte Madera, “a large portion of the town currently lies in the floodplain, which is considered a Special Flood Hazard Area (SFHA) designated by FEMA.”28 Corte Madera is already experiencing floods. Leaders, as well as residents, are aware that frequency and intensity are on the rise. Thus, Corte Madera sees the importance and urgency of building resilience to cope with what is to come. The town understands that flooding conditions may change over time, requiring responsive adjustments to plans and actions. For Corte Madera, flexibility is fundamental.29
24 John King, “‘People who move here don’t leave: Why this rich California enclave is bracing homes for rising seas,” San Francisco Chronicle, March 20, 2024.
25 Corte Madera Town Council Staff Report, November 19, 2020, https://www.townofcortemadera.org/DocumentCenter/View/5697/6B-Staff-Report-and-Attachments, (accessed 5/3/24).
26 The Corte Madera Climate Adaptation Assessment: A Roadmap to Resilience, May 2021, p. 15, https://www.townofcortemadera.org/DocumentCenter/View/6473/Climate-Adaptation-Assessment, (accessed 5/3/24).
27 The Corte Madera Adaptation Assessment, p. 71.
28 The Corte Madera Adaptation Assessment, p. 75.
29 The Corte Madera Adaptation Assessment, p. 73.

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Map 2 – Corte Madera Bay Wave Scenarios Map - January 12, 2017 Source: Marin Shoreline Vulnerability Assessment, https://marinflooddistrict.org/documents/cortemadera/?filter_categories[]=579, (accessed 5/3/24) Larkspur
The City of Larkspur is concerned about climate change and its consequences, including fires, heat waves and sea level rise. As a result, Larkspur produced a Climate Action Plan. This plan has focused on mitigation, and most of the current efforts are aimed at reducing greenhouse gas emissions.30 Mitigation alone is insufficient to tackle ongoing rising sea levels. Larkspur has yet to address sea level rise adaptation.

For the City of Larkspur, the role of local governments centers on reducing greenhouse gas emissions to minimize the impact of climate change. Its Action Plan focuses on practices that can reduce dependence on fossil fuels.31
Larkspur presents what it argues are the roles of international, national, and state governments.

For Larkspur, these governments should also concentrate on the reduction of gas emissions.32 To achieve this, Larkspur highlights renewable energy, low carbon transportation, composting, and water conservation. Indeed, the Grand Jury believes that these are all valuable and needed long term strategies and goals, but not enough for Marin to brace for and adapt to rising seas. Even if 30 City of Larkspur, Climate Action Plan 2030 - Draft, June 2021, pp. 1, 15, A-5, https://www.ci.larkspur.ca.us/DocumentCenter/View/13376/Larkspur-CAP-2030-June-2021-Clean-Copy, (accessed 5/4/24).
31 City of Larkspur, Climate Action Plan 2030 - Draft, June 2021. 32 City of Larkspur, Climate Action Plan 2030 - Draft, June 2021.

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carbon dioxide emissions completely stop now, the carbon will remain in the Earth’s atmosphere for centuries, continuing to warm the planet.33
In its plan, Larkspur, like other cities and towns mentioned in this report, recognizes the importance of addressing inequities, and ensuring a “just and fair inclusion into a society in which all can participate, prosper, and reach their full potential.”34 The map below shows a midterm sea level rise estimate of up to 3.3 feet between 2050-2070.

Map 3 - Larkspur - Mid-Term Sea Level Rise
Source: Larkspur Mid-Term Sea Level Rise, City of Larkspur 2040 General Plan, Draft Environmental Report Plan, figure 7-2 https://www.ci.larkspur.ca.us/DocumentCenter/View/17220/DraftSafety-Element-41503-draft--pdf, (accessed 5/15/24).

Mill Valley: Mitigation and Adaptation
Mill Valley’s 2040 Climate Action Plan (CAP), adopted by a unanimous vote of the City Council on May 6, 2024, was incorporated into its General Plan. The CAP details actions the community and local government have taken to reduce greenhouse gas emissions and implement adaptation strategies going forward.35 Mill Valley successfully achieved its 2020 emission reduction targets (20 percent below year 2000 levels). This city is currently working to identify reduction opportunities, while addressing the need to develop and fund sea level rise adaptation 33 Morgan Kelly, “Even if emissions stop, carbon dioxide could warm earth for centuries.” Princeton University, https://www.princeton.edu/news/2013/11/24/even-if-emissions-stop-carbon-dioxide-could-warm-earth-centuries, November 24, 2023, (accessed 5/14/24).
34 City of Larkspur, Climate Action Plan 2030 - Draft, June 2021. 35 City of Mill Valley, Mill Valley General Plan 2040, Chapter 6, Climate Action, https://www.cityofmillvalley.org/DocumentCenter/View/950/Climate-Action-PDF, (accessed 5/3/24).

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plans. In furtherance of these goals, Mill Valley in conjunction with Tiburon, approved the hiring of a Climate Action Sustainability Coordinator in early 2023.36 Mill Valley has begun to evaluate long term adaptation strategies. The city proposes to establish a permanent funding mechanism through its budget. In doing so, Mill Valley will be able to address natural systems and infrastructure that are vulnerable to sea level rise and more extreme storm conditions.37
The Mill Valley 2040 General Plan acknowledges that sea level rise will increase the “areas subject to flooding to include the low-lying areas of Mill Valley from Bothin Marsh to Sycamore Park.” The extent of flooding due to sea level rise, as shown in Figure 6.1 below, is extensive. “By 2050, daily high tides are projected to inundate the same area that is currently subject to flooding by a 100-year flood event.”38 Mill Valley is endeavoring to build a comprehensive approach that prepares for and responds to the expected impacts of climate change and sea level rise, including the identification of populations and neighborhoods most vulnerable to these impacts in conjunction with all levels of government and stakeholders.39 Map 4 - City Of Mill Valley 2040 General Plan
Source: City of Mill Valley, 2012, Mill Valley 2040 General Plan, Climate Action, Chapter 6, https://www.cityofmillvalley.org/518/MV2040-General-Plan, (accessed 5/15/24) 36 Town of Tiburon, Tiburon and Mill Valley Join Forces to Hire a Climate Action Sustainability Coordinator, February 7, 2023, https://www.townoftiburon.org/CivicAlerts.aspx?AID=348, (accessed 5/3/24). 37 City of Mill Valley, Mill Valley General Plan 2040, Chapter 6, Climate Action. 38 City of Mill Valley, Mill Valley General Plan 2040, Chapter 6, Climate Action. 39 City of Mill Valley, Mill Valley General Plan 2040, Chapter 6, Climate Action.

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Novato
The City of Novato published a White Paper on Sea Level Rise and Adaptation in March of 2015, with stated goals for 2035. Novato then identified funding as a critical element in its efforts to address sea level rise. Also, Novato asserted that “while we will not be able to stop the rise in sea levels resulting from these changes, we have the opportunity and must plan to adapt to this change.”40
In the City of Novato, a range of areas are at risk of flooding, including its valley floors, properties in low-lying areas, and regions that were once marshland and have since been filled.

Novato’s main transportation corridors (Highway 101 and Highway 37) are at risk of sea level rise flooding, while the Novato Sanitary District, located on the shoreline (in particular its electrical systems), is also vulnerable.41
Novato is a member of the North Bay Watershed Association (NBWA), which includes Marin, Napa and Sonoma Counties. NBWA seeks to engage jurisdictions across county lines to work together on the protection of local watershed resources. This entity analyzes and addresses issues tied to the management of the North Bay watersheds, and it has also been working on sea level rise research.42
In its General Plan 2035, Novato addresses climate change and highlights the importance of reductions in emissions. In its climate change agenda, Novato also emphasizes the protection of creeks and streams through zoning codes and restoration of previously damaged waterways as conditions for approval of development projects, all of which are adaptation strategies.43 40 City of Novato, General Plan 2035 Policy White Paper, Sea Level Rise and Adaptation, March 2015, https://www.novato.org/home/showpublisheddocument/12603/635609875925570000, (accessed 5/1/24). 41 City of Novato, General Plan 2035 Policy White Paper, Sea Level Rise and Adaptation, p. 18. 42 City of Novato, General Plan 2035 Policy White Paper, Sea Level Rise and Adaptation, p. 9. 43 City of Novato, General Plan 2035, Adopted October 27, 2020. Chapter 3, Environmental Stewardship, p. 26, https://www.novato.org/home/showpublisheddocument/32287/637526315486370000, (accessed 5/1/24).

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Map 5 - Novato - The California Flood Risk: Sea Level Rise Source: Pacific Institute, Sea Level Rise, Hazmaps, Novato, https://pacinst.org/reports/sea_level_rise/hazmaps/Novato.pdf, (accessed 5/3/24) Sausalito
Sausalito has been addressing sea level rise.44 Although much of the housing in Sausalito is above current sea level, parts of its critical infrastructure are in areas exposed to sea level rise, thus needing adaptation measures. Damages such as floods impacting sewer and stormwater systems and major roads could interfere with people’s ability to reach places such as work, schools, hospitals, and airports, among others. Sausalito’s main underwater sewer pipes are already vulnerable to rising seas.

Sausalito established a Sea Level Rise Task Force created by Mayor Jill Hoffman in March 2021 “to kick start our sea level rising planning as a community.”45 The city has adopted a Shoreline Adaptation Plan that includes community engagement, and it is scheduled to begin during the spring of 2024.
44 City of Sausalito, Sea Level Rise, p. 11, https://www.sausalito.gov/city-government/hot-topics/sea-level-rise, (accessed 5/3/24).
45 City of Sausalito, Sea Level Rise Task Force, https://www.sausalito.gov/city-government/hot-topics/sea-levelrise/sea-level-rise-task-force, (accessed 5/2/24).

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Map 6 - Bay Wave Scenarios Map - January 12, 2017 Sausalito Source: Marin Shoreline Vulnerability Assessment, https://marinflooddistrict.org/documents/cortemadera/?filter_categories[]=579, (accessed 5/15/24) San Rafael
Within San Rafael, the Canal neighborhood sits in low-lying ground which is significantly vulnerable to sea level rise.46
In order to address the significant vulnerability of the Canal area, San Rafael put forth a Request for Proposal (RFP) in August 2023, requesting sea level rise adaptation planning services to conduct community-centered studies and create an actionable plan. The proposal indicates that the Canal District is at greatest risk of flooding due to sea level rise, when compared to other areas in the city of San Rafael.47
46 Annie Sneed, Bay Adapt, Elevate Communities to Lead: A Story from San Rafael’s Canal Neighborhood, January 19, 2024, https://www.bayadapt.org/blog/elevate-communities-to-lead-a-story-from-san-rafaels-canal-neighborhood, (accessed 5/10/24).
47 City of San Rafael, Request for Proposal (RFP): Sea Level Rise Adaptation Planning Services, August 21, 2023, https://www.cityofsanrafael.org/rfp-slr, (accessed 5/1/24).

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The project, with equity as a central tenet, is led by the City of San Rafael, the County of Marin, two community-based organizations, which are the Canal Alliance, and the Multicultural Center of Marin, as well as the University of California at Berkeley. The State Coastal Conservancy and the Governor’s Office of Policy & Research have provided funding for this undertaking.48 Map 7 - San Rafael Depicting Flooding In The Canal District Source: City of San Rafael, Request for Proposal for sea level rise adaptation planning services, August 21, 2023.

Tiburon
Based largely on the Marin Shoreline Sea Level Rise Vulnerability Assessment prepared in June 2017 as part of the BayWAVE program, Tiburon is in the process of confronting the threats it faces from sea level rise. The primary vulnerabilities are the Downtown area, the Blackie's Pasture area, and the Greenwood Cove area of Tiburon, pictured below. 48 City of San Rafael, Request for Proposal (RFP): Sea Level Rise Adaptation Planning Services.

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Map 8 - Sea Level Rise In Tiburon
Source: Sea Level Rise in Tiburon PowerPoint Presentation (createtiburon2040.org), (accessed 4/25/24) In March 2021, Tiburon launched its survey on “Adapting to Sea Level Rise.” The purpose of the survey was to seek public input on how Tiburon should respond to rising seas in the three areas discussed above. The survey also sought to assist Tiburon planners in preparing its General Plan 2040. Concurrently, Tiburon created a sea level page as part of the Tiburon Town website, this contains a PowerPoint presentation on the issue of sea level rise.49 The Tiburon Town Council adopted its General Plan 2040 and certified the Final Environmental Impact Report (FEIR) on May 22, 2023.50 Section 11.5 of the Tiburon General Plan 2040 (under Chapter 11, Safety and Resilience), discusses the threats to Tiburon from sea level rise, its vulnerabilities, and the possible adaptation strategies to confront those threats.

San Mateo County Flood Control and Sea Level Rise Resiliency District, also known as OneShoreline
The Grand Jury studied San Mateo County’s OneShoreline as part of its investigation to learn how the county was able to create a countywide agency. The Grand Jury was interested in identifying specific elements of this effort (i.e. political support, public response, funding sources) that can serve as potential guidance for Marin County’s current efforts to plan and establish its own countywide sea level rise entity.

In 2015, the San Mateo Civil Grand Jury issued a Report, “Flooding Ahead: Planning for Sea Level Rise,” that posed the following question: “What actions can the County of San Mateo, and the 20 cities and two relevant local special agencies within the county, take now to plan for sea 49 Tiburon General Plan Update, Adapting to Sea Level Rise, March 2021, https://createtiburon2040.org/wpcontent/uploads/2021/03/Adapting-to-Sea-Level-Rise-Presentation-March-2021.pdf, (accessed 5/3/24). 50 Create Tiburon 2040, General Plan 2040, https://createtiburon2040.org/draft-general-plan, (accessed 5/3/24).

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level rise?” San Mateo county concluded that it was best to create a single, countywide entity to address sea level rise planning.51
In April of 2018, the City/County Association of Governments of San Mateo County (C/CAG) Countywide Water Coordination Committee began to develop a proposal to form a countywide agency to address sea level rise, flooding, coastal erosion, and regional stormwater infrastructure.

The Committee recommended that new legislation could expand the scope of the existing San Mateo County Flood Control District to incorporate sea level rise in its mission. As a result, a new law was instituted in 2019, Assembly Bill 825. This new law gave rise to the San Mateo County Flood and Sea Level Rise Resiliency District.52 This District, also called OneShoreline, was established in 2020.

From interviews, the Grand Jury learned that two important elements enabled the creation and operations of OneShoreline. First, the passing of Assembly Bill 825 stemmed from direct support from Congresswoman Jackie Speier, Dave Pine of the San Mateo County Board of Supervisors, and Paul Okada, Chief Deputy County Counsel for San Mateo.

Second, OneShoreline received funding from each of its cities and towns. In addition, the District began receiving funding through taxes from local entities. OneShoreline has been able to stimulate and garner support from local entities by pointing out the increasing cost of flood insurance premiums.

In 2023, OneShoreline created and released its countywide Administrative Draft of the Planning Policy Guidance, after receiving input from a wide range of relevant entities.53 The Marin County Civil Grand Jury learned through interviews that seeking community input was an important step in creating the expansion of the original District. Such input came from the San Francisco Bay Conservation and Development Commission, the City and County Association of Governments of San Mateo County, and the San Francisco Estuary, among others. The policy guide is available to San Mateo’s county cities and towns for the creation and implementation of effective sea level rise adaptation plans. In addition, the policy is a useful resource and tool available to any other entity working on sea level rise issues, Marin County included.

Marin County tax and bond fatigue
The financial resources required to identify and assess current and future risks posed by sea level rise, as well as the costs to develop and implement protective solutions are estimated to reach $17 billion. Raising the funds to identify and assess the risks through taxation, while possible, is not a given. Recent bond measures designed to raise several hundred million dollars for infrastructure were defeated at the polls, raising the specter of tax and bond fatigue in the county. 51 2014-2015 San Mateo Grand Jury Final Report, Flooding Ahead: Planning For Sea Level Rise, p. 1, https://www.sanmateo.courts.ca.gov/system/files/sea_level_rise.pdf, (accessed 5/3/24). 52 OneShoreline, Our History, https://oneshoreline.org/our-history, (accessed 5/3/24). 53 OneShoreline, Building Solutions for a Changing Climate. Planning Policy Guidance, June 2023, pp. 9-12, https://oneshoreline.org/wp-content/uploads/2023/09/OneShoreline-Planning-Policy-Guidance-Final-June-21-2023- For-Web.pdf, (accessed 5/3/24).

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Raising $17 billion far exceeds the county’s ability to achieve via taxation. The funds to address sea level rise will need to be amassed over decades, and Marin will need to rely upon state and federal resources to address the shortfall. In addition, philanthropic funds may be available.

Marin will need to execute a strong public relations effort to create and maintain public endorsement of its work to mitigate the effects of sea level rise. These efforts will need to include both coastal and non-coastal areas as everyone in the county will be affected by this problem.

Grand Jury’s Key Observations
The Grand Jury’s investigation shows that 2050 sea level rise projections for Marin are significant and have been identified by a range of scientific studies. This report’s review of cities and towns shows that while there is no countywide action in Marin yet, some of these jurisdictions have been in collaboration with other entities, including Napa and Sonoma.

Additionally, whether through science, or direct observation of climate conditions, cities and towns in Marin have made efforts to understand and create plans to address sea level rise trends.

These towns understand that sea level rise can undermine the safety and stability of their natural environments, as well as private property and critical infrastructure. The Bel Marin Keys example shows that this jurisdiction has taken direct sea level rise action, starting with recognizing the issue, creating adaptation plans, followed by raising funds, and ultimately implementing its strategies.

The Grand Jury observes that the actions taken by the cities and towns point to an adaptation mode that is already in place and functioning. The next logical step is multijurisdictional coordination involving planning and action. This appears to be achievable.

Regional sea level rise projections show that the impacts will be felt not just in Marin, but across the Bay Area. No county can function in isolation from others, which is why collaborations are already underway, and should be continued, expanded and strengthened. Marin must not be an exception to this approach.

Due to where low-income, under-represented communities reside, namely low-lying coastal areas, the impact of sea level rise will affect them sooner and perhaps harder than others. As a result, a plethora of studies, several of the cities and towns described in this report, and the Marin Health and Human Services Department point out how important it is to address equity as it pertains to sea level rise adaptation, while also tackling the county as a whole.

Delaying adaptation actions across the county until 2034 as provided by SB272 leaves Marin unnecessarily vulnerable to sea level rise. Immediate action is imperative.

Stemming from the facts gathered for this investigation, both scientific and action-oriented, the Grand Jury arrives at the following findings and recommendations:

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FINDINGS
F1. A comprehensive countywide agency is necessary to effectively address the impacts of sea level rise in Marin County.

F2. To be effective, a countywide agency created to address sea level rise in Marin County should include the County of Marin, all cities and towns, and appropriate special districts in Marin County as funding participants.

F3. The complete failure to create and implement effective countywide sea level rise adaptation projects in Marin County will result in significant damages and losses to commercial and residential properties as well as infrastructure, both public and private.

F4. The 2034 deadline imposed by Sections 30985-30985.8 of the California Public Resources Code for each California county to submit its official sea level rise mitigation plan is “too little too late” for Marin county, and delaying action until then will expose coastal and Bay areas to unnecessary flooding risks, financial and other losses.

F5. Under-represented populations reside in areas that are severely vulnerable to sea level rise because they are in low-lying ground.

F6. Sea level rise plans to be developed by a countywide entity should include adaptation strategies that directly apply to under-represented communities in low-lying areas with great exposure to sea level rise, such as the Canal District, areas of Novato, and Marin City, among others.

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RECOMMENDATIONS
By March 20, 2025, the following actions should be implemented by:

R1. The Board of Supervisors, in collaboration with Marin county cities, towns, Bel Marin Keys Community Services District and Marin Water should create a comprehensive countywide agency with authority to plan and implement adaptation efforts addressing the impacts of sea level rise in Marin County.

R2. The Board of Supervisors should actively enlist the participation and support of state and federal legislators toward the creation and funding of this comprehensive countywide agency.

R3. The Board of Supervisors should require the newly created countywide entity to create plans that recognize and address sea level rise exposure and the specific risks to the populations in the Canal District, Marin City, specific areas in Novato, and all low-lying geographic regions where lower income populations reside. The plan should identify and address the risks impacting those populations, which include:
(a) risks of becoming stranded due to inaccessible roads; (b) lack of transportation if evacuations are called;
(c) mold that may grow inside their homes;
(d) exposure to infectious diseases due to contaminated standing water; (e) need to relocate temporarily or permanently as a result of floods; and (f) other community-specific risks identified in regional assessments.

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REQUIRED RESPONSES
Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies within 90 days:
• The Marin County Board of Supervisors [F1-6, and R1-3 (a), (b), (c), (d), (e), (f)]

INVITED RESPONSES
For the following invited respondents, the Grand Jury would greatly appreciate responses within 90 days.
• Bel Marin Keys Community Services District
• City of Corte Madera
• City of Larkspur
• City of Mill Valley
• City of Novato
• City of Sausalito
• City of San Rafael
• City of Tiburon
• Marin Municipal Water District
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act.

Note: At the time this report was prepared information was available at the websites listed.

Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.

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APPENDIX A: Sea Level Rise Background Information
What contributes to climate change
The California Ocean Protection Council projects that sea level will rise by 1.6 ft to 3.1 ft, and possibly higher by 2100.54 The melting of glaciers and increasing temperatures due to emissions will determine the specific degree of sea level rise by the end of this century.55 However, sea level rise will not be immediately stopped even if emissions are reduced. In fact, temperatures and sea level would continue to rise for several decades.56 Where does sea level rise come from? Sea level rise results from the effect of rising temperatures on the melting of ice sheets and glaciers, as well as the expansion of water as it warms.57 Sea level rise is one of a multitude of outcomes of climate change, including increases in droughts and fires, bigger storms and related flooding, and a warming climate.

National and international scientific entities, including oceanic, climatological, and astronomical organizations are calling for a redoubling of efforts towards adaptation and mitigation, as are financial bodies across the globe. The goal is to reduce the negative effects of climate change and sea level rise as much as possible. The agencies calling for these efforts include National Aeronautics and Space Administration (NASA), Environmental Protection Agency (EPA), NOAA, the European Union (EU), Environmental Resilience Institute, World Economic Forum, California Ocean Protection Council, California Ocean Science Trust, San Francisco Bay and Conservation Commission, and many others; all are cited in this report.

Is it human activity? Years of research consistently show that human activity created the atmospheric conditions that unleashed the rapid warming of Earth. Scientists have shown with a great degree of confidence (greater than 95 percent) that climate change is the result of emissions caused by human activity since the start of the Industrial Revolution. Thus, now “carbon dioxide, methane, and nitrous oxide concentrations are more abundant in the earth’s atmosphere than any time in the last 800,000 years.”58 The scientific record shows climate changes naturally occur over very long periods of time. Earth has undergone major climate change events, leading to periods of a very warm planet, as well as periods as an icy one. However, these slow changes do not account for the rapid warming the planet has experienced in the last several decades.59 There are other theories about climate change causes that have been tested by NASA, NOAA, and other space and climatological institutions. For background purposes, it is important to point these out, given the variety of opinions that surround climate change. Here are two of these alternatives explained:
54 California Ocean Protection Council, State of California Sea Level Rise Guidance: 2024 Science and Policy Update, 2024, https://opc.ca.gov/2024/01/draft-slr-guidance-2024, (accessed 4/1/24). 55 Princeton University, Center for Policy Research in Energy and the Environment, Sea Level Rise, https://cpree.princeton.edu/sea-level-rise, (accessed 4/1/24). 56 David Herring and Rebecca Lindsey, NOAA, Can we Slow or even Reserve Global Warming?, October 12, 2022, https://www.climate.gov/news-features/climate-qa/can-we-slow-or-even-reverse-global-warming, (accessed 4/1/24). 57 NOAA-National Oceanic and Atmospheric Administration, Is sea level rising? Yes, sea level is rising at an increasing rate, January 20, 2023, https://oceanservice.noaa.gov/facts/sealevel.html, (accessed 2/29/24). 58 U.S. Environmental Protection Agency, Causes of Climate Change, https://www.epa.gov/climatechangescience/causes-climate-change#3 foot, (accessed 3/13/24). 59 U.S. Environmental Protection Agency, Causes of Climate Change.

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Is it the sun’s activity? NASA points out that since 1978, data show that the amount of solar energy reaching Earth has not increased. This indicates that the sun is not the culprit, nor is it a contributing factor of climate change, which has accelerated since then.60 Further, NASA explains that “the amount of solar energy Earth receives has followed the Sun’s natural elevenyear cycle of small ups and downs with no net increase since the 1950s. Over the same period, global temperature has risen markedly.”61
Is it the volcanoes’ activities? NASA research demonstrates that while volcanic eruptions release CO2 and other gasses into the atmosphere, emissions due to human activity surpass those of all volcanic eruptions combined by more than 100 times.62 The European Commission indicates that changes in solar radiation or volcanic activity have led to less than plus or minus 0.1degrees Celsius rising temperatures since 1890.63 In contrast, since 1982, temperatures have been increasing at a rate of plus 0.2 degrees Celsius per decade.64 NOAA reports the same 0.2 degrees Celsius decadal increase for the same period.65 How much will sea level rise cost in California and across the globe? Nearly seventy percent of California’s residents live in coastal areas. In addition, millions of people visit yearly, making this a $45 billion-dollar a year coastal economy.66 Sea level rise puts this state-wide economic engine at risk.

Across the globe, sea level rise is projected to cost trillions of dollars in damages by 2100.

Estimates about the estimated costs of global sea level rise vary; however, all are in the trillions of dollars. With an increase of 1.5 degrees Celsius, global sea level rise could cost $10.2 trillion per year by 2100.67 The Energy Policy Institute at The University of Chicago estimates that “the global economy would face damages reaching $2.9 trillion to $3.4 trillion per year from sea level 60 NASA Global Climate Change, Is the sun causing global warming?, https://climate.nasa.gov/faq/14/is-the-suncausing-global-warming, (accessed 2/29/24). 61 NASA Global Climate Change, Is the sun causing global warming?. 62 NASA Global Climate Change, What do volcanoes have to do with climate change?, https://science.nasa.gov/climate-change/faq/what-do-volcanoes-have-to-do-with-climate-change, (accessed 2/29/24). 63 European Commission, Climate Action, Causes of climate change, https://climate.ec.europa.eu/climatechange/causes-climate-change_en, (accessed 3/11/24). 64 European Commission, Climate Action, Causes of climate change. 65 National Oceanic and Atmospheric Administration, Climate change: Global temperature, January 18, 2024, https://www.climate.gov/news-features/understanding-climate/climate-change-global-temperature, (accessed 3/11/24).
66 California Ocean Protection Council and California Ocean Science Trust, State of California sea level rise guidance: 2024 science and policy update (draft), January 2024, p. 5, https://opc.ca.gov/wpcontent/uploads/2024/01/SLR-Guidance-DRAFT-Jan-2024-508.pdf, (accessed 5/10/24). 67 Rebecca Ochs, European Scientist, Rising sea levels could cost $14 trillion a year by 2100, 05.07.2018, https://www.europeanscientist.com/en/environment/rising-sea-levels-could-cost-14-trillion-a-year-by-2100, (accessed 3/13/24).

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rise by the end of the century.”68 Alternatively, through adaptation and mitigation measures, the Institute estimates the annual cost of sea level rise would be $400-$520 billion annually.69 68 Energy Policy Institute at The University of Chicago, Sea Level Rise will Cost the Global Economy Trillions without Efforts to Adapt, May 6, 2022, https://epic-staging.uchicago.edu/insights/sea-level-rise-will-cost-the-globaleconomy-billions-trillions-without-efforts-to-adapt, (accessed 3/4/24). 69 Energy Policy Institute at The University of Chicago, Sea Level Rise will Cost the Global Economy Trillions without Efforts to Adapt.

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APPENDIX B: PHOTOGRAPHS AND FIGURES USED IN REPORT
Photographs

1. First Photograph - Little girl running through water page 1. Source: County of Marin:
https://www.marincounty.org/main/sea-level-rise Rising sea levels resulting from climate change.

Mill Valley, Marin, circa 2020.

2. Second Photograph - Flooded bike path at Exit 445B page 5. Flooded path in Mill Valley. King tide on Friday, Jan. 11, 2024 Source: Sherry LaVars, Marin Independent Journal, January 12, 2024
Maps

1. Marin County Sea Level Vulnerability. Source: Marin Health and Human Services, Marin County Climate and Health,
https://marinhhs.org/marin-county-climate-and-health

2. BayWave Scenarios January 12, 2017 Corte Madera. Source: Marin Shoreline Vulnerability Assessment,
https://marinflooddistrict.org/documents/corte-madera/?filter_categories[]=579

3. Source: Larkspur Mid-Term Sea Level Rise, City of Larkspur 2040 General Plan, Draft Environmental Report Plan, figure 7-2,
https://www.ci.larkspur.ca.us/DocumentCenter/View/17220/Draft-Safety-Element-41503-draft-- pdf

4. City of Mill Valley 2040 General Plan. Source: City of Mill Valley, 2012, Marin Map, 2012.

Mill Valley 2040 General Plan, Climate Action, Chapter 6, https://www.cityofmillvalley.org/518/MV2040-General-Plan

5. Novato The California Flood Risk: Sea Level Rise. Source: Pacific Institute, Sea Level Rise, Hazmaps, Novato,
https://pacinst.org/reports/sea_level_rise/hazmaps/Novato.pdf

6. BayWave Scenarios January 12, 2017 Sausalito. Source: Marin Shoreline Vulnerability Assessment,
https://marinflooddistrict.org/documents/sausalito/

7. Map of San Rafael Depicting the Canal District. Source: City of San Rafael, Request for Proposal for sea level rise adaptation planning services, August 21, 2023, https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/08/RFP-compled-8_21_23- CLEAN-1.pdf

8. Sea Level Rise in Tiburon. Source: Seal Level Rise in Tiburon, https://createtiburon2040.org/wp-content/uploads/2021/03/Adapting-to-Sea-Level-RisePresentation-March-2021.pdf ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Jonathan Schellin,
Public Works Deputy Director
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: SIDEWALK REPAIR PROGRAM UPDATE
SUBJECT: APPROVE THE SIDEWALK REPAIR PROGRAM AS A PERMANENT PROGRAM AND AUTHORIZE A $1,000 INCREASE IN ALLOWABLE REIMBURSEMENT AMOUNT, FOR A NEW TOTAL REIMBURSEMENT UP TO $2,000 IN FISCAL YEAR 2024-25,

WITH AN ALLOWABLE YEARLY INCREASE TIED TO THE CONSUMER PRICE INDEX, UP TO A MAXIMUM OF 3.5% A YEAR.

RECOMMENDATION:

Approve the Sidewalk Repair Program as a permanent program and authorize a $1,000 increase in allowable reimbursement amount, for a new total reimbursement up to $2,000 in Fiscal Year 2024-25, with an allowable yearly increase tied to the Consumer Price Index, up to a maximum of 3.5% a year.

BACKGROUND:

In Fiscal Year 2016-17 the City conducted considerable community outreach on sidewalk issues, including three public meetings held at various community centers, and through an online survey. The City also received input from the community through the CP Connect Constituent Relationship Management (CRM) system, as well as the City’s “Contact Public Works” webpage.

In 2017 the City adopted Municipal Code Chapter 11.60, which, in accordance with California Streets and Highway Code Section 5610, confirms that the responsibility of sidewalk maintenance lies with the adjacent property owner. In conjunction with the adoption of Municipal Code Chapter 11.60, the City Council called for the development of a pilot program which attempted to share the financial burden associated with sidewalk maintenance between the City and the property owners.

The program initially had an application process through CP Connect (a precursor to SeeClickFix). All repairs were grouped together by neighborhood and a pre-construction inspection was completed by City staff. The program provided repairs for sidewalks that had a tripping hazard of 2 inches or more, and waived permit fees for program participants.

The City used one contractor during this first phase of the program to secure preferred pricing for the work. Under the program, the City paid the contractor directly for the work and then sought SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
reimbursement from the property owner once the work was completed. The City would cover 50% of the sidewalk repair cost up to $1,000 and 100% of curb and gutter repair up to $4,000. During this work, trees were assessed for their role in the sidewalk damage. The trees were removed if they were Liquid Ambers, a type of tree known for their roots damaging sidewalks, or if it was determined they would not survive a root trimming.

Over the course of phase one 431 properties participated, with an average of more than 100 properties participating in a year. The average reimbursement was $1,388 and the average cost to the property owner was $2,297. Because of phase one’s structure, where the City paid for the work and then billed the resident, some participants were late in repaying the City, or in some cases have yet to still make payment. The City continues to send invoice reminders to those with outstanding balances.

While phase one was successful in increasing sidewalk repairs in the City, there were clear needs for structural improvements to the program to address issues which included decreasing the burden on staff time, expanding beyond one contractor or area at a time and addressing unpaid invoices by participants.

Phase two began in April 2022 and is still in effect. Its new structure sought to alleviate the burden of staff time, expand beyond one contractor, and eliminate non-payment by participants in the program. In phase two, property owners apply for the program via SeeClickFix and an Encroachment Permit is issued at no charge. The Public Works (DPW) inspector completes a pre-construction inspection and logs the measurements the City designates as reimbursable. The owner is sent a copy of the measurements to give to a contactor of their choice. Once the owner has received a proposal from their contractor, they email it to DPW and an agreement is created. Once all parties have signed the agreement, the Encroachment Permit is approved, and construction can begin. After construction is complete, a final inspection is performed by the City. Once inspected, the property owner can apply for reimbursement from the City. The key difference in this phase is now the property owner is leading the process from coordinating with the contractor to making the payment, and the City has moved to a supporting role with inspections and reimbursing the property owner.

This new proposed process allows owners to select their own contractors, thereby eliminating the capacity and geographic constraints of one contractor and reducing staff time to coordinate every project between owner and contractor. It also put the responsibility to pay the contractor onto the owner, thereby eliminating the City’s need to invoice owners, as well as the risk of not being reimbursed. The reimbursement amount of up to $1,000 for phase two is the same as phase one.

ANALYSIS:

The reimbursement rate has not increased since the program's inception in 2017, while the cost of concrete and labor has increased significantly. Subsequently the City has seen a decline in program participation partly due to these increased costs. Therefore, staff recommends increasing the program reimbursable amount by $1,000, for a new maximum reimbursement of $2,000 for sidewalk replacement work. This updated reimbursement amount aims to help increase program participation and improve walkability for all pedestrians.

Staff recommends a 3rd phase, with a targeted, proactive approach in areas of high traffic and/or increased risk for trip-and-fall incidents. This would yield increased safety for the greatest number of pedestrians in a more cost-effective manner as opposed to phase two’s entirely voluntary citywide inspection and noticing effort. As a result of this there would be occasional instances where the City moves forward with repairs to the property and bills the resident afterwards when a property owner does not voluntarily participate in the reimbursable sidewalk repair program. This would be done in conjunction SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
with either nearby repairs, or in batches to reduce the overall cost and achieve better rates for each property. To support this proactive approach the City will utilize a combination of staff time and contractors to conduct additional inspections in high traffic areas, along with the implementation of the City’s asset management system to collect, track, and coordinate sidewalk repair needs throughout the City.

Staff are in the process of exploring a program for property owners who may have a financial hardship.

Staff will bring financial hardship program options to the City Council Finance Subcommittee for review in the coming months.

COMMUNITY OUTREACH:

In phase one property owners applied for the program via the City’s former CRM system and repairs were grouped together by neighborhoods. Currently, the program participants mainly hear of the program via word-of-mouth in the community and through a local contractor, who does many of the projects in the program. Property owners often see the construction company working on a neighboring property and inquire with them about the program and are directed to the City.

In addition, the program is advertised on the City’s website, and information on the program is provided via the City’s current CRM system (SeeClickFix) portal. Finally, any time the City becomes aware of a segment of sidewalk needing repair, a notice letter is sent to the adjacent property owner(s), which directs them to the appropriate DPW contact and the website.

FISCAL IMPACT:

By increasing the available City reimbursement amount by $1,000 the City would expect costs to increase by almost the full $1,000 for each participant given the rise in construction and labor costs. This would result in an estimated increase of $45,000 each year with the current participation rate of roughly 50 participants a year, however the proposed increase could result in more community interest in the program. Staff will closely monitor the budget to ensure all expenses are covered.

The current FY 2024-25 budget appropriated $350,000 for the Sidewalk Repair Program. The program funds sidewalk shaving, tree root trimming and replacement, and sidewalk, curb and gutter repairs and replacement. This budget is anticipated to cover the increased costs of the recommended additional $1,000 reimbursement increase. The additional investment in sidewalk repairs is expected to be partially offset by corresponding risk reduction in potential claim payouts by the City. This is supported by the fact that since the implementation of the sidewalk repair program in 2017, the City’s payout for trip-and-fall claims has decreased in number of instances and average amount paid out per claim.

On top of the $1,000 reimbursement increase, staff anticipates the next phases of the program will have a more proactive, targeted approach could increase costs for future fiscal years because of more inspections resulting in added sidewalk segments identified as needing repair. Further analysis will be needed to determine how much the program costs may increase with this proactive approach, and these increased costs would be included in the next fiscal year budget request.

Authorizing a CPI increase with a maximum amount of 3.5% allows the program to stay current with growing costs for property owners, while capping its growth potential for more reliable budget estimates.

If authorized, the overdue grace period payment, could recover up to $85,433 if 100% of delinquent payments are made, however it’s more likely that at least some of those invoices would need to be sent to a collection agency, which would take a percentage of the payment for their administrative fee. The overdue payments sent to collections would be conducted as part of a wider City program that includes how best to collect on all City department’s overdue fees or unpaid fines.

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

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

1. Authorize the Sidewalk Repair Program’s transition to a permanent program and approve staff’s recommended actions.

2. Direct staff to return with more information.

3. Take no action and continue with the current program procedures.

RECOMMENDED ACTION:

Approve the Sidewalk Repair Program as a permanent program and authorize a $1,000 increase in allowable reimbursement amount, for a new total reimbursement up to $2,000 in Fiscal Year 2024-25, with an allowable yearly increase tied to the Consumer Price Index, up to a maximum of 3.5% a year. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.c
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio, Finance Director
Shawn Plate, Finance Manager
City Manager Approval: ________
TOPIC: FISCAL YEAR 2023-24 BUDGET AMENDMENTS
SUBJECT: RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2023-24 FOR THE PURPOSE OF CONFIRMING AUTHORIZED

APPROPRIATIONS AND TRANSFERS
RECOMMENDATION: Adopt a resolution adopting amendments to the Fiscal Year (FY) 2023-24 budget for the purposes of confirming authorized appropriations and transfers.

BACKGROUND:

Staff is in the process of completing the accounting close for the fiscal year ended June 30, 2024, and are reviewing the revenues and expenditure activity in the General Fund, Special Revenue funds and other special purpose funds. This review has identified the need for additional budget adjustments for which City Council approval is requested.

ANALYSIS:

The purpose of these amendments is to formally authorize the appropriations supporting expenditures and transfers required in certain funds to fulfill their respective purposes and functions through June 30, 2024. City Council approval of the proposed resolution provides formal authority to incorporate adjustments as part of the final FY 2023-24 budget, summarized as follows:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Details of the proposed budget amendments are reflected in Attachment 1 to this report, and described as follows:

General Fund
Transfers-In
• Amendment to reflect the transfer of $300,000 from the Measure G - Cannabis Special Revenue Fund (216) to support a portion of FY 2023-24 contract costs for the SAFE Team. The three-year SAFE team pilot is funded by a combination of opioid settlement funds, cannabis taxes, and general fund dollars, if necessary.

Transfers-Out:
• Amendment to reflect the anticipated transfer of $450,000 from the General Fund to the Essential Facilities Capital Projects Fund (420) consistent with prior City Council policy directing one-third of Measure E Transaction and Use Tax, less debt service on the outstanding 2018 bonds, be transferred to support specific capital projects as reflected included in the Essential Facilities Master Plan.
• Amendment to reflect the transfer of $13,282 from the General Fund to the Public Safety Grant Fund (281), to reflect the City’s matching contribution to the Bulletproof Vest Partnership program.

This transfer is supported by a corresponding reduction in expenditure appropriations within the General Fund, resulting in no net General Fund impact.

Other Funds
Staff is requesting the approval of a total of $1,213,282 in increased resources and $1,050,000 in increased appropriations to Other Funds, reflecting the amendments included above as well as selected adjustments impacting only other funds, including:

Measure G – Cannabis Special Revenue Fund (216)
• Amendment to reflect the transfer-out of $300,000 from the Measure G - Cannabis Special Revenue Fund (216) to support a portion of FY2023-24 contract costs for the SAFE Team.

Measure C – Wildfire Mitigation Fund (242)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Amendment to reflect the estimated $750,000 in reimbursement revenue from the Marin Wildfire Prevention Agency (MWPA) for enhanced contract work funded through the Measure C - Wildfire Mitigation (Fund 242) during the fiscal year
• Amendment to increase expenditure appropriations with the Measure C – Wildfire Mitigation Fund by $750,000 to cover fully-reimbursed contract work performed during the fiscal year.

Grants Fund – Pubic Safety (281)
• Amendment to reflect the transfer-in of $13,282 from the General Fund to the Public Safety Grant Fund (281), to reflect the City’s matching contribution to the Bulletproof Vest Partnership program.

Essential Facilities Capital Projects Fund (420)
• Amendment to reflect the anticipated transfer-in of $450,000 from the General Fund to the Essential Facilities Capital Projects Fund (420) consistent with prior Council policy directing onethird of Measure E Transaction and Use Tax, less debt service on the outstanding 2018 bonds, be transferred to support specific capital projects as reflected included in the Essential Facilities Master Plan.

FISCAL IMPACT: This action authorizes the formal appropriation of resources in the FY 2023-24 budget to support the actual expenditure and transfer activity through June 30, 2024, as described in this report.

No spending authority beyond what was spent or committed as of June 30, 2024, is created through this action.

OPTIONS:

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

1. Adopt the resolution.

2. Adopt the resolution with modifications.

3. Take no action.

RECOMMENDATION: Adopt a resolution adopting amendments to the Fiscal Year (FY) 2023-24 budget for the purposes of confirming authorized appropriations and transfers.

ATTACHMENTS:

1. Resolution approving fiscal year 2023-24 amendments

2. Proposed FY 2023-24 Budget Amendments
Attachment A
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2023-24 FOR THE

PURPOSE OF CONFIRMING AUTHORIZED APPROPRIATIONS AND TRANSFERS WHEREAS, the City Council approved Resolution No. 15221 adopting the fiscal year 2023-2024 budget; and
WHEREAS, the City Council approved other actions during the fiscal year to authorize spending; and
WHEREAS, as part of the fiscal year-end closing process, staff has reviewed and analyzed actual revenues, expenditures and transfers through June 30, 2024, has identified a need for additional budget adjustments, and has submitted its analysis and recommendations in a report to the City Council; and
WHEREAS, after examination, and due consideration, the City Council has accepted the same report and recommendations;
NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council that Resolution No. 15221 for fiscal year 2023-2024 is further amended to authorize the following adjustments to resources and appropriations to selected funds:

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 special meeting of the Council of said City on Monday, the 19th day of August 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
Revenues:

Fund Current Budget Resources Transfers in Revised Budget 001 - General Fund 100,017,060 300,000 100,317,060
242 - Measure C Wildfire Prevention Parcel Tax 1,956,238 750,000 2,706,238 281 - Grants Fund - Safety 683,099 13,282 696,381
420 - Measure E-Public Safety Facility - 450,000 450,000 Total Revenue Adjustments 750,000 763,282
Expenditures:

Fund Current Budget Appropriations Transfers out Revised Budget 001 - General Fund 104,465,324 - 450,000 104,915,324
216 - Measure G - Cannabis 180,246 300,000 480,246
242 - Measure C Wildfire Prevention Parcel Tax 2,449,464 750,000 3,199,464 Total Expenditure Adjustments 750,000 750,000
Revenues &
Transfers In
Expenditures &
Transfers Out
Revenues &
Transfers In
Expenditures &
Transfers Out
Revenue Adjustments
Increased support from Marin Wildfire Prevention authority for additional contract work performed throughout the year 750,000 Wildfire (242)
Exepnditure Appropriations
Increased appropriations to Measure C - Wildfire Mitigation (420) to support enhanced contract work during the year 750,000 Wildfire (242)
Reduce expenditure appropriation in General Fund match for bullet-proof vest partnership program (re-allcoated to Transfers Out) (13,282)
Transfers
Transfer of General Fund match to Grants Fund - Safety (281) for bulletproof vest partnership program 13,282 13,282 Grants Fund - Safety (281)
Transfer from Measure G - Cannabis Fund (216) to the General Fund to support SAFE team activities 300,000 300,000 Cannabis (216) Transfer of one third Measure E use tax, less debt service, to the Essential Facilities Fund (420) 450,000 450,000 Essential Facilities (420) Proposed Amendments (9/18/2023) 300,000 450,000 1,213,282 1,050,000

ATTACHMENT B
General Fund Other Funds
Proposed FY2023-24 Budget Amendments - Final Budget
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.d
Meeting Date: August 19, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Grey Melgard, Associate Civil
Engineer
April Miller, Public Works
Director
City Manager Approval: ______
File No.: 16.06.101
TOPIC: PAVEMENT MAINTENANCE PROJECT FISCAL YEAR 2024-25 SUBJECT: AWARD THE CONSTRUCTION AGREEMENT FOR THE PAVEMENT MAINTENANCE PROJECT FY 2024-25 TO PAVEMENT COATINGS CO. AND AUTHORIZE $1,900,000 FOR PROJECT CONSTRUCTION
RECOMMENDATION:

1. Approve plans and specifications for the Pavement Maintenance Project FY 2024-25 (also referred to as “City Project No. 11454” and “the Project”), deemed reasonable by the City Engineer, on file in the Department of Public Works.

2. Award a construction agreement (the “Construction Agreement”) for the Project to Pavement Coatings Co., authorize the City Manager to execute the Construction Agreement in the amount of $1,655,880, and authorize the City Manager to amend the contract amount using contingency funds of $244,120 for a total not to exceed amount of $1,900,000 for the Project.

3. Appropriate $400,000 from the Gas Tax Fund (206) for the Construction Agreement to supplement the previously appropriated amount of $1,500,000 from the Gas Tax Fund (206) included in the FY 2024-25 adopted budget approved on June 17, 2024.

BACKGROUND:

The City’s annual pavement management program (“PMP”) provides vital updates to the City’s 333-lane mile network. One of the most important aspects of managing a road network is a continual investment toward preserving recently rehabilitated roads. These types of preservation projects represent relatively low-cost improvements that prolong the effective life of roadways in good condition. The City utilizes the industry standard Pavement Condition Index (“PCI”) system to identify streets needing preventative maintenance and then conducts field investigations to analyze conditions. Additionally, the City intentionally applies an equity lens to ensure that pavement conditions are being improved in all neighborhoods across the City on an annual basis.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In FY 2023-24, the pavement maintenance project included crack sealing, slurry sealing, fiberized micro-surfacing, and the installation of new traffic striping, crosswalks, and legends to streets located in the Terra Linda neighborhood. Additional slurry sealing took place on Treehaven Drive and Culloden Road following the trenching work by the Marin Municipal Water District (“MMWD”) for the District Pipeline Replacement Project.

For FY 2024-25, the proposed pavement maintenance project includes crack sealing, slurry sealing, micro-surfacing, and the installation of new traffic striping, crosswalks, and legends to the current standards for streets located in the West San Rafael neighborhoods as shown in Attachment 1.

ANALYSIS:

On July 3, 2024, the Project was advertised in accordance with San Rafael Municipal Code Chapter 11.50. The plans and specifications, deemed reasonable by the City Engineer, are available at the Department of Public Works and on the City’s website:
https://www.cityofsanrafael.org/pavement/
On July 24, 2024, the following bids were received and read aloud:

Name of Bidder Bid Total
Pavement Coatings Co. $1,655,880.00
VSS International, Inc. $1,867,000.00
Public Works staff reviewed the construction bids, and the low bid from Pavement Coatings Co. in the amount of $1,655,880 was found to be both responsive and responsible.

City staff recommends awarding the construction agreement to Pavement Coatings Co. for the bid amount and recommends the City Council authorize a construction contingency of $244,120, approximately 15%, for a total appropriated amount of $1,850,000. Staff does not anticipate major scope changes for the project; however, the contingency will provide some financial assurance for minor striping changes within the project, street selection variation based on utility coordination, and varying quantities based on actual amount of slurry product placed.

For example, recently enacted Assembly Bill 413 prohibits the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any marked or unmarked crosswalk. The City anticipates some additional striping and parking modifications on impacted streets to comply with this Bill.

The Public Works Director would be authorized to issue any change order to the contract within the total contingency amount. The Construction Agreement is in a form approved by the City Attorney.

PUBLIC OUTREACH:

In July 2024, staff worked with a consultant, CAL Pavement, to develop the list of roadways under consideration for slurry sealing or micro-surfacing and notified utility companies of the project. These utility coordination efforts will minimize the need for repairs within the limits of the newly resurfaced roadways. A mailer will be sent to residents within the project limits describing the project and its impacts, along with an FAQ about the City’s annual pavement management program and the proposed roadway treatments. Staff presented the map of proposed streets at the Bicycle and Pedestrian Advisory Committee (“BPAC”) during the August meeting. In addition, staff posted updates on the Department of Public Works news blogs and updated the City’s Pavement Management Program website.

ENVIRONMENTAL DETERMINATION:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
In July 2024, a notice of exemption (NOE) was filed with the County of Marin for the Pavement Maintenance Project FY 2024-25 for categorical exemption based on existing facilities (§15301).

FISCAL IMPACT:

The recommendation included in this staff report would authorize expenditures not to exceed $1,900,000 in support of the Pavement Maintenance Project FY 2024-25. Appropriations in the amount of $1,500,000 supporting this project were included in the FY 2024-25 Budget approved by City Council on June 17, 2024. An additional appropriation of $400,000 from available fund balance within the Gas Tax Fund (206) is required to support this project.

OPTIONS:

1. Award the Construction Agreement as recommended, appropriate additional funds from the Gas Tax Fund (206) and approve the plans and specifications for the Project.

2. Do not award the contract and provide further direction to staff.

RECOMMENDED ACTION:

1. Approve plans and specifications for the Pavement Maintenance Project FY 2024-25, deemed reasonable by the City Engineer, for City Project No. 11454 on file in the Department of Public Works.

2. Award a construction agreement for the Project to Pavement Coatings Co., authorize the City Manager to execute the Construction Agreement in the amount of $1,655,880, and authorize the City Manager to amend the contract amount using contingency funds of $244,120 for a total not to exceed amount of $1,900,000 for the Project.

3. Appropriate $400,000 from the Gas Tax Fund (206) for the Construction Agreement to supplement the previously appropriated amount of $1,500,000 from the Gas Tax Fund (206) included in the FY 2024-25 adopted budget approved on June 17, 2024.

ATTACHMENTS:

1. Map of Proposed Streets, Pavement Maintenance Project FY 2024-25

2. Filed Notice of Exemption for the Pavement Maintenance Project FY 2024-25

3. Draft Construction Agreement with Pavement Coating Co.

San Rafael
Open Space
Ridgewood Dr
Crestwo
Sequoia Dr
an Anselmo -
Red Hill Ave
AN
!Treatment
Slurry Seal
Type 5 M icro
San Anselmo -
Greenfield Ave
Commercial
2024 Slurry
0 ::0
Q.

Square Feet Lane Miles
1,693,236 26. 72
407,966 6.44
- Micro Project
ks Av
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(j)
,..

San RafaelFourth Street
West
Boyd Memorial
Park
i7
~
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.:;
., Marin Ten(¥ . Club ., Domm1can
~ University of
ell Calfforma
Community
Institute
Ritter Health
Center
Rotacare
Albert Park
Clayton St
Andersen Dr
James B.

Davidson Middle
School- San
Rafael City
Montecito
Shoppi
Cent

0.5 Miles
State of California - Department of Fish and Wildlife
2024 ENVIRONMENTAL DOCUMENT FILING FEE

CASH RECEIPT
DFW 753.5a (REV. 01/01/24) Previously DFG 753.5a
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINTCLEARL Y.

LEADAGENCY I LEADAGENCY EMAIL

CITY OF SAN RAFAEL

COUNTY/STATE AGENCY OF FILING
jMarin I

PROJECT TITLE
PAVEMENT MAINTENANCE PROJECT FY 2024-25
Print , _ 1 Save
RECEIPT NUMBER:
21 08/01/2024 133
STATE CLEARINGHOUSE NUMBER (If applicable)
DATE
08/01/2024

DOCUMENT NUMBER

PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER

CITY OF SAN RAFAEL

PROJECT APPLICANT ADDRESS CITY
111 MORPHEW ST SAN RAFAEL
PROJECT APPLICANT (Check appropriate box)
0 Local Public Agency D School District D Other Special District CHECK APPLICABLE FEES:

D Environmental Impact Report (EIR)
D Mitigated/Negative Declaration (MND)(ND)
D Certified Regulatory Program (CRP) document - payment due directly to CDFW E] Exempt from fee
El Notice of Exemption (attach)
D CDFW No Effect Determination (attach)
D Fee previously paid (attach previously issued cash receipt copy) D Water Right Application or Petition Fee (State Water Resources Control Board only) 0 County documentary handling fee
D Other
PAYMENT METHOD:
(415)256-5501

STATE ZIP CODE
CA 94901
D State Agency D Private Entity
$4,051 .25
$2,916.75
$1,377.25
$850.00 $
$
$
$ 0.00 ----------- $ 0.00 - ---------- $ ________ o_.o_o

0.00 50.00
D Cash ~ Credit □ Check D Other TOT AL RECEIVED $ 50.00

AGENCY OF FILING PRINTED NAME AND TITLE
MARIN COUNTY CLERK, J.CRUZ, SR DEPUTY CLERK
ORIGINAL - PROJECT APPLICANT COPY - COFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK DFW 753.Sa (Rev. 01012024) □
Notice of Exemption 2/- Z,OZ'I - / 33 Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): City of San Rafael
111 Morphew St
San Rafael, CA 94901
Print Form
County Clerk
County of: _M_a_rin _____ _
3501 Civic Center Or. #234
(Address) lF lL~[Q) San Rafael, CA 94303
Project Title: Pavement Maintenance Project FY 2024/25
Project Applicant: City of San Rafael
Project Location - Specific:

AUG O 1 2024
SrH::ir.L Y SCOTT
MA~TY CLERK BV: _ _ _ , Deputy
Sun Valley, West End and Gerstle Park neighborhoods of San Rafael. See map.

Project Location - City: San Rafael Project Location - County: _M_a_r_in _____ _ Description of Nature, Purpose and Beneficiaries of Project:

The project is part of the City of San Rafael's Annual Pavement Management Program. It consists of the rehabilitation of various roads in the City of San Rafael. The work includes crack sealing, slurry sealing, micro-surfacing, and traffic striping certain roads within the City's neighborhoods listed above.

Name of Public Agency Approving Project: _C_it....:. y_o_f_S_a_n_R_a_f_a_e_l _____________ _ Name of Person or Agency Carrying Out Project: _C_it_y_o_f_S_a_n_R_af_a_e_l ___________ _ Exempt Status: (check one):
□ Ministerial (Sec. 21080{b)(1); 15268);
□ Declared Emergency (Sec. 21080(b)(3); 15269{a));
D Emergency Project (Sec. 21080(b)(4); 15269{b){c));
0 Categorical Exemption. State type and section number: Existing Streets, Section 15301 (c) □ Statutory Exemptions. State code number: _________________ _ Reasons why project is exempt:

The project consists of rehabilitating existing roadways in the public right-of-way within the City of San Rafael.

Lead Agency
Contact Person: Grey Melgard - ---------- Area Code/Telephone/Extension: 415-256-5501 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption en filed by the public agency approving the project? Yes No Signature: -~...._...,,,,__,_-'--=~~=---- Date: July 29, 2024 Title: Associate Civil Engineer ■ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for fi ling at OPR: ____ _
Revised 2011
Pavement Maintenance FY 2024-2025 2022 Form CONTRACT
11454 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and Pavement Coatings Co. (“Contractor”), for work on the Pavement Maintenance FY 2024-2025 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _______________, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,655,880 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 35 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $4,200 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Pavement Maintenance FY 2024-2025 2022 Form CONTRACT
11454 Page 2

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
Attn: Grey Melgard, Associate Civil Engineer
[email protected]
Pavement Maintenance FY 2024-2025 2022 Form CONTRACT
11454 Page 3
Contractor:

Name: Pavement Coatings Co.

Address: 10240 San Sevaine Way
City/State/Zip: Jurupa Valley, CA, 91452
Phone: 916-642-1751
Attn: Mike Bombard
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Marin County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ CRISTINE ALILOVICH, City Manager ROBERT F. EPSTEIN, City Attorney Pavement Maintenance FY 2024-2025 2022 Form CONTRACT
11454 Page 4
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
LINDSAY LARA, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
General Info
Total:
$1,655,880.00
Number
Pavement Maintenance Project
FY 2024/25
Deadline
07/24/2024 03:00 PM PDT
Vendor
Pavement Coatings Co.

Submitted
07/24/2024 02:19 PM PDT
Signed by
Tim Schmid Account Holder
Tim Schmid
Opened
07/24/2024 03:01 PM PDT By
[email protected]
Description
The Project is located in the Sun Valley, West End, and Gerstle Park neighborhoods of San Rafael and is described as follows: the removal of existing striping; the placement of crack seal, slurry seal, and fiberized micro-surfacing on various roadways; and the installation of new striping.

The estimated construction cost is $1.4 million.

Allows zero unit prices and labor
No
Allows negative unit prices and labor
No

ATTACHMENT LIST
Specifications and Contracts Documents.pdf (6.42 MB)
2024.07.03_Map of Proposed Streets.pdf (480 KB)
Bidder's Questionnaire.docx (89.2 KB)

BID PROPOSAL
(“Bidder”) *
Pavement Coatings Co.
hereby submits this Bid Proposal to the City of San Rafael (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.