Agenda packet — San Rafael City Council, September 3, 2024 (part 1 of 2)

AGENDA
SAN RAFAEL CITY COUNCIL - TUESDAY, SEPTEMBER 3, 2024
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-2024-09-03 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:45 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:45 PM

2. Closed Session:
a. Personnel Matters – Government Code Section 54957
Public Employee Performance Evaluation - City Manager
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. Approval of Minutes
Approve the Regular City Council Meeting Minutes of July 15, 2024 and the Regular and Special City Council Meeting Minutes of August 19, 2024 (CC) Recommended Action – Approve as submitted
2 b. Conflict of Interest Code Update
Resolution Repealing Resolution No. 15117, Re-Adopting the Fair Political Practices Commission Model Conflict of Interest Code as the City’s Conflict of Interest Code, and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to be Incorporated into the City’s Conflict of Interest Code (CC) Recommended Action – Adopt Resolution
c. Public Art Review Board Bylaws Amendment
Resolution Amending the Public Art Review Board Bylaws (CC) Recommended Action – Adopt Resolution
d. Camping Ordinance Amendment Adoption
Adoption of Ordinance 2040: An Ordinance Amending San Rafael Municipal Code Chapter

19.50 -- Camping on Public Property (CC)
Recommended Action – Final Adoption of Ordinance No. 2040 e. Proclamation
Proclamation Supporting National Preparedness Month 2024 (HR) Recommended Action – Receive and File
f. Urban Lot Split Ordinance Adoption
Adoption of Ordinance 2041: 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 (CC) Recommended Action –Final Adoption of Ordinance No. 2041 g. Medi-Cal Intergovernmental Transfer Cost Recovery Program Agreement Authorize the City Manager to Execute an Agreement Allowing the San Rafael Fire Department to Participate in a Medi-Cal Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services (DHCS) for the Service Period of January 1, 2023, Through December 31, 2023 (FD)
Recommended Action – Authorize the City Manager to execute an agreement allowing the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services (DHCS) for the service period of January 1, 2023, Through December 31, 2023
h. Fleet Replacement Fiscal Year 2024-2025
Authorize City Manager to Purchase Three (3) Vehicles for Replacement in an Amount Not to Exceed $330,000 (PW)
Recommended Action – Authorize the City Manager to purchase three (3) vehicles to replace aging and operationally inadequate vehicles for the City’s vehicle fleet in an amount not to exceed $330,000, which includes a $30,000 (10%) contingency for unexpected cost increases i. B Street Culvert Replacement Project
Authorize the City Manager to Enter into the First Amendment to the Task Order with Park Engineering, Inc. for Inspection Services Associated with the B Street Culvert Replacement Project, in an Additional Amount of $54,122.34, Increasing the Total Not-To-Exceed Amount of the Agreement to $127,560.34 (PW)
Recommended Action – Authorize the City Manager to enter into the First Amendment to the Task Order with Park Engineering, Inc. for inspection services associated with the B Street Culvert 3 Replacement Project, in an additional amount of $54,122.34, increasing the total not-to-exceed amount of the agreement to $127,560.34
j. Stormwater Pump Station Repair Agreement
Approve and Authorize the City Manager to Waive Competitive Bidding and Enter into a Maintenance Agreement with Pump Repair Service Company to Repair Two Stormwater Pumps, in an Amount Not to Exceed $720,000 (PW)
Recommended Action – Authorize the City Manager to waive competitive bidding and enter into a maintenance agreement with Pump Repair Service Company to repair two stormwater pumps in an amount not to exceed $720,000; And, appropriate $360,000 from the Capital Fund (401) to supplement the previously appropriated amount of $520,000 from the Stormwater Fund (205) included in the FY 2024-25 adopted budget approved on June 17, 2024 k. Citywide Safety Electrical Services Contract Award
Award of Citywide Safety Electrical Services Agreement to DC Electric and Authorize the City Manager to Negotiate and Enter into an Agreement, for up to Five (5) Years for Services in the Total Not-To-Exceed Amount of $550,000 per Fiscal Year Recommended Action – Award of Citywide Safety Electrical Services agreement to DC Electric and authorize the City Manager to negotiate and enter into an agreement, for up to five (5) years for services in the total not-to-exceed amount of $550,000 per fiscal year l. Special Event Street Closure in San Rafael
Resolution Authorizing the Temporary Closure of Neame Avenue in San Rafael for a Special Event (PD)
Recommended Action – Adopt Resolution

SPECIAL PRESENTATIONS

5. Special Presentations:
a. Proclamation Supporting Hispanic Heritage Month
b. Proclamation Supporting Suicide Prevention Awareness Month

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Smoking Ordinance Amendment
Introduction of an Ordinance Amending Sections 9.04.120 of the San Rafael Municipal Code to Allow for a Private Right of Action for Violations of the City’s Smoking Ordinance (CM) Recommended Action – Introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only
b. Affordable Housing Trust Fund Application Processes
Affordable Housing Trust Fund Rolling Application Process Implementation and Aligning City’s Notice of Funding Availability (NOFA) with County of Marin’s NOFA Process Recommended Action – Approve the implementation of the rolling application process for the Affordable Housing Trust Fund, as authorized in the Guidelines for the Administration of the Affordable Housing Trust Fund
4 c. Personnel Changes
Resolution Approving the Following Personnel Changes: Retitling of the Assistant Director of Community Development Job Classification, Retitling of the Childcare Director Job Classification, Correcting the Operations & Maintenance Superintendent Salary Range; and Adding the Senior Human Resources Analyst, Wildfire Mitigation Program Manager, Chief Assistant City Attorney Positions; and Amending the San Rafael Mid-Management Employee Association, Service Employees International Union Local 1021, and Unrepresented Mid-Management and Executive Salary Schedules; and Updating the Unrepresented Mid-Management Salary Resolution (HR)
Recommended Action – Adopt Resolutions

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/.

Minutes subject to approval at the September 3, 2024 meeting AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, JULY 15, 2024
REGULAR MEETING AT 6:00 P.M.

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

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-07-15 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:40 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:40 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Paragraph (2) of subdivision (d) of Government Code Section 54956.9): 1 potential case
b. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 1 case

1. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)

Present: Councilmember Bushey
Councilmember Kertz
Mayor Kate

Absent: Vice Mayor Hill
Councilmember Llorens Gulati
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
2 Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the roll. Vice Mayor Hill and Councilmember Llorens Gulati were absent.

City Attorney Robert Epstein announced that no reportable action was taken in closed session.

Mayor Kate provided opening remarks which included gratitude to City Staff, an announcement of the Employee of the Quarter John Olmos, San Rafael Parking Attendant, the recent loss of community member Rich Nave, and a land acknowledgment.

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

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

3. City Manager and Councilmember Reports:

City Manager Cristine Alilovich reported on:
• November 5, 2024 General Municipal Election Nomination Period (opened today, July 15 and will run through August 9) to run for Office for Mayor, City Councilmember Districts 1 & 4, City Attorney, City Clerk and San Rafael City Schools Board of Education Trustee Areas 1, 3, & 5 - If incumbents fail to file, those seats will extend through Wednesday, August 14 • Police Advisory and Accountability Committee meeting to be held Wednesday, July 17 at 6pm in San Rafael City Council Chambers
• San Rafael Police Department “Touch-a-Truck” event to be held Saturday, July 27, from 10am to 2pm at Al Boro Community Center and Pickleweed Park • 41st Annual National Night Out (NNO) crime prevention event to be held Tuesday, August 6, from 6-8pm
• San Rafael Chamber of Commerce and Downtown Business Improvement District to host First Annual Dancing Under the Lights, Friday, August 9, from 5-9pm on Fourth Street, from A Street to Lootens Place
• August 5 City Council meeting to be cancelled - Regular meeting to resume on August 19 • All Things Homelessness Update scheduled for the August 19 City Council meeting City Councilmember Reports:
• Councilmember Bushey reported on a Fire Station 57 event, a San Rafael Sanitation District (SRSD) meeting, a Marin County Council of Mayors & Councilmembers (MCCMC) meeting, a Local Agency Formation Commission (LAFCO) representative meeting and a Central Marin Sanitation Agency (CMSA) meeting. • Mayor Kate reported on Sonoma Marin Area Rapid Transit (SMART), two Transportation Authority of Marin (TAM) meetings, a Bay Area Climate Adaptation Network (BayCAN) meeting and the Marin County Fair.

Mayor Kate invited public comment.

Speakers: Eva Chrysanthe, Name withheld
CONSENT CALENDAR:

Mayor Kate invited public comment on the Consent Calendar items.

Speakers: Name withheld, Joel Eis, Name withheld
3 Councilmember Bushey moved and Councilmember Kertz seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 17, 2024 and the Special City Council Meeting of June 21, 2024 (CC)
Approved minutes as submitted
b. Amendments to Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”
Final Adoption of Ordinance No. 2037: An Ordinance Amending Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal Emergency Management Agency’s Minimum Standards for Development in Flood Hazard Areas (CC)
Final Adoption of Ordinance No. 2037
c. Stipend Compensation Program for Boards, Commissions and Committees; And City Council Compensation
Final Adoption of Ordinance No. 2038: An Ordinance Adjusting the Compensation for the Mayor and City Council (CC)
Final Adoption of Ordinance No. 2038
d. Planning Commission and Design Review Board Consolidation Final Adoption of Ordinance No. 2039: An Ordinance Amending Title 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 (CC)
Final Adoption of Ordinance No. 2039
e. Planning Commission Bylaw Amendment
Resolution Amending the Planning Commission’s Bylaws (CC) Resolution 15317 - Resolution Amending the Planning Commission’s Bylaws f. Acceptance of Grant from Marin Community Foundation
Resolution Accepting the Grant of Funds from the Marin Community Foundation for a Two-Year Climate Justice and Engagement Manager and Appropriating Funds in the Amount of $297,960 (CM)
Resolution 15318 - Resolution Accepting the Grant of Funds from the Marin Community Foundation for a Two-Year Climate Justice and Engagement Manager and Appropriating Funds in the Amount of $297,960
g. West End Block Party 2024 Temporary Street Closure
Resolution Authorizing the Temporary Closure of Streets in San Rafael for the West End Block Party 2024 (CED)
Resolution 15319 - Resolution Authorizing the Temporary Closure of Streets in San Rafael for the West End Block Party 2024
4 h. San Rafael Public Library Foundation Donation for Constructing a New Library Resolution Establishing a San Rafael Public Library Foundation Donation Account (LR) Resolution 15320 - Resolution Establishing a San Rafael Public Library Foundation Donation Account
i. Third Street Rehabilitation Project
Accept Completion of the Third Street Rehabilitation Project, City Project No. 11315, and Authorize the City Clerk to File the Notice of Completion (PW) Accepted Completion and authorized the City Clerk to file the Notice of Completion j. Third Street Safety Improvements Project
Accept Completion of the Third Street Safety Improvements Project, City Project No. 11362, and Authorize the City Clerk to File the Notice of Completion (PW) Accepted Completion and authorized the City Clerk to file the Notice of Completion k. Pickleweed Park Enhancement Project
Authorize and Award Agreements for the Pickleweed Park Enhancement Project, Including (PW):
i. Construction Agreement to Bauman Landscape and Construction, Inc. and Authorize $7,120,000 for Project Construction
Awarded the Construction Agreement to Bauman Landscape and Construction, Inc. in the amount of $6,031,641.50; And, authorized the City Manager to execute the construction agreement not to exceed the amount of $7,120,000 including contingency funds of $1,088,358.50
ii. Professional Services Agreement with Coastland Civil Engineering, Inc. for Construction Management, Inspection, and Testing Services in the Amount Not to Exceed $644,575
Authorized the City Manager to enter into a Professional Services Agreement with Coastland Civil Engineering, Inc. for construction management, inspection, and testing services in the amount not to exceed $644,575
iii. Second Amendment to Professional Services Agreement with Gates + Associates for Construction Administration Services, in an Additional Amount of $19,450, Increasing the Total Not-To-Exceed Amount of the Agreement to $565,784 Authorized the City Manager to enter into a second amendment to the Professional Services Agreement with Gates + Associates for construction administration services in an additional amount of $19,450, increasing the total not-to-exceed amount of the agreement to $565,784
iv. Approve the Plans and Specifications for the Pickleweed Park Enhancement Project, Deemed Reasonable by the City Engineer, for City Project No. 11376, on File in the Department of Public Works
Approved the Plans and Specifications for the Pickleweed Park Enhancement Project, deemed reasonable by the City Engineer, for City Project No. 11376, on File in the Department of Public Works
5 l. Special Tax on Properties at Loch Lomond 10 - Mello-Roos District No. 1992-1 Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond #10) for Fiscal Year 2024-25 (PW)
Resolution 15321 - Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond #10) for Fiscal Year 2024-25
m. The Village at Loch Lomond Marina – Mello-Roos District No. 2 Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2024-25 (PW) Resolution 15322 - Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2024-25 AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati

PUBLIC HEARINGS

5. Public Hearings:
a. Baypoint Lagoons Assessment District
Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25 (PW)
Deputy Director of Administrative Services (Public Works) Jonathan Schellin presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speaker: Michael Glasner
Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and the Assessment Diagram connected therewith and ordering the levy and collection of assessments for FY 2024-25.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15323 - Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25
6 b. Point San Pedro Road Median Landscaping Assessment District Resolution Confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25 (PW) Deputy Director of Administrative Services (Public Works) Jonathan Schellin presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected therewith and ordering the levy and collection of assessments for FY 2024-25.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15324 - Resolution Confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Response to the Grand Jury Report on E-Bike Safety
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Titled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk” (PD)
Chief of Police David Spiller presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Mahmoud Shirazi, Michael Glasner, Name withheld, Name withheld, Name withheld
Staff responded to questions raised during public comment.

Councilmembers provided comments.
7 Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution approving and authorizing the Mayor to execute the Response to the Marin County Civil Grand Jury Report titled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk.”
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15325 - Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Titled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk”
b. Response to Grand Jury Report – Cyber Preparedness – Are We There Yet? Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Entitled – Cyber Preparedness – Are We There Yet? (DS) Director of Digital Service and Open Government Sean Mooney presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speaker: Name withheld
Staff responded to questions raised in public comment.

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution approving and authorizing the Mayor to execute the Response to the Marin County Civil Grand Jury Report entitled – Cyber Preparedness – Are We There Yet? AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15326 - Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Entitled – Cyber Preparedness – Are We There Yet? c. Proposed Update to Master Fee Schedule – Childcare
Resolution Authorizing an Update to the Master Fee Schedule to Establish Childcare Program Rates for the 2024-25 School Year (LR)
Finance Director Paul Navazio presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.
8 Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution authorizing an update to the Master Fee Schedule to establish childcare program rates for the 2024-25 school year.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15327 - Resolution Authorizing an Update to the Master Fee Schedule to Establish Childcare Program Rates for the 2024-25 School Year
d. Salary and Benefit Plans for Temporary Employees
Resolutions Regarding Salary and Benefit Plans for Temporary Employees (HR) i. Resolution Rescinding Resolution No. 15020 and Establishing a Salary and Benefit Plan for Temporary, Seasonal and Retiree Employees
ii. Resolution Establishing a Salary and Benefit Plan for Non-Exempt Fixed-Term Employees
iii. Resolution Establishing a Salary and Benefit Plan for Exempt Fixed-Term Employees City Manager Cristine Alilovich provided opening comments.

Human Resources Director Marissa Sanchez presented the Staff Report.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution rescinding Resolution No. 15020 and establishing a salary and benefit plan for temporary, seasonal and retiree employees.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15328 - Resolution Rescinding Resolution No. 15020 and Establishing a Salary and Benefit Plan for Temporary, Seasonal and Retiree Employees Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution establishing a salary and benefit plan for non-exempt fixed-term employees.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15329 - Resolution Establishing a Salary and Benefit Plan for Non-Exempt Fixed-Term Employees
9 Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution establishing a salary and benefit plan for exempt fixed-term employees.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15330 - Resolution Establishing a Salary and Benefit Plan for Exempt Fixed-Term Employees
e. Successor Memorandum of Understanding with the Service Employees International Union, Local 1021 (SEIU Local 1021)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the Service Employees International Union, Local 1021 (July 1, 2024, Through June 30, 2027)
Human Resources Director Marissa Sanchez presented the Staff Report.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution approving a Successor Memorandum of Understanding pertaining to compensation and working conditions for the Service Employees International Union, Local 1021 (July 1, 2024, Through June 30, 2027).

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15331 - Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the Service Employees International Union, Local 1021 (July 1, 2024, Through June 30, 2027)
f. Salary Resolution for Unrepresented Executive Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2024 through June 30, 2027) and Authorizing the City Manager to Enter into Employment Agreements with the Unrepresented Executive Management Employees
City Manager Cristine Alilovich provided opening comments.

Human Resources Consultant Angela Nicholson presented the Staff Report.

Mayor Kate invited public comment.

Speaker: Name withheld
Staff responded to questions raised in public comment.
10 Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution establishing the compensation and working conditions for unrepresented executive management employees (July 1, 2024 through June 30, 2027) and authorizing the City Manager to enter into employment agreements with the unrepresented executive management employees.

AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15332 - Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2024 through June 30, 2027) and Authorizing the City Manager to Enter into Employment Agreements with the Unrepresented Executive Management Employees
g. Compensation For Elected City Clerk and Elected Part-Time City Attorney Compensation Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2021 Through June 30, 2024) (HR) Assistant City Manager Angela Robinson-Pinon presented the Staff Report and noted the clerical error in the dates on the title of the Staff Report.

Mayor Kate invited public comment.

Speaker: Name withheld
Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024 Through June 30, 2027) (HR) AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15333 - Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024 Through June 30, 2027) (HR)

OPEN TIME FOR PUBLIC EXPRESSION
• Susan Kay Gilbert addressed the City Council regarding pedestrian safety at Vivalon crosswalk and expressed her appreciation to City staff for their prompt response to her emails. • Suzanne Becker, Captain’s Cove Homeowners Association addressed the City Council regarding the fire located behind the Regency Theater.
• Victor Fridman addressed the City Council regarding the fire located behind the Regency Theater.
• Peter addressed the City Council regarding an incident where someone threw a fentanyl pipe into his moving vehicle and other public safety concerns. 11 • Name withheld addressed the City Council regarding the fire located behind the Regency Theater and pedestrian safety in front of Vivalon.
• Name withheld addressed the City Council regarding the public comments from others and Gaza.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 8:40 p.m. in honor of Richard Nave (former councilmember) who recently passed away.
___________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2024

_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the September 3, 2024 meeting

MINUTES
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.

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

Present: Councilmember Bushey
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: Vice Mayor Hill
Mayor Kate called the meeting to order at 4:46 p.m., and Vice Mayor Hill was absent. Mayor Kate invited public comment; however, there was none.

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 City Clerk Lindsay Lara presented the staff report.

Staff responded to questions from the city council.

The City Council interviewed the following applicants: Sharon Kovalsky, Stewart Summers 2 and Donald Blayney. Jeff Kent withdrew his application.

Councilmember Kertz moved and Councilmember Llorens Gulati seconded to appoint Stewart Summers to the Planning Commission regular voting member seat.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
The City Council provided direction to staff to continue city-wide recruitment for additional design professional alternate member terms.

Mayor Kate adjourned the Special meeting at 5:32 p.m.

REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
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Present: Councilmember Bushey
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: Vice Mayor Hill
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:00 p.m. and invited City Clerk Lindsay Lara to call the roll. Vice Mayor Hill was absent.

Mayor Kate provided opening remarks which included gratitude to City Staff, an announcement of the Team of the Quarter Police Training Field officers, school starting, and a land acknowledgment.

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.
3 CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

City Manager Cristine Alilovich reported on:
• Quarterly Climate Action Plan Community Forum to be held Thursday, August 22, at City Hall, 3rd Floor Conference Room at 4 p.m.
• Free Movie in the Park event to be held Friday, August 23, at Pickleweed Park at 7 p.m.

Movie to start at 8 p.m.
• Northgate Project Open House (with Developer) to be held Monday, August 26 inside Northgate Mall at 6 p.m.
• West End Block Party, every Friday night through October on Fourth Street, between F & G Streets
• PorchFest to be held Sunday, September 15 in Gerstle Park Neighborhood at noon City Clerk Lindsay Lara provided an update on the November 5, 2024 General Election.

City Councilmember Reports:
• Councilmember Kertz expressed appreciation for Police Department for National Night Out and Fire Department for Open Houses.
• Councilmember Bushey reported on the Fire Station 52 Open House, a Marin Transit Board meeting representing the Marin County Council of Mayors and Councilmembers (MCCMC), a Central Marin Sanitation Agency (CMSA) meeting and a San Rafael Sanitation Board meeting.
• Councilmember Llorens Gulati reported on a Marin Board of Supervisors meeting with a Marin Transit update, a Voces del Canal meeting, a Parking Task Force meeting, National Night Out, Dancing Under the Lights and a MCE Board meeting. • Mayor Kate reported on Sonoma Marin Area Rail Transit (SMART), a BayWAVE presentation, Transportation Authority of Marin (TAM) meetings, the Gun Safety Collaborative and a Bicycle Pedestrian Advisory Committee (BPAC) meeting.

Mayor Kate invited public comment.

Speaker: Gina Sylvestri, Gerstle Park Neighborhood Association & San Rafael PorchFest Event Committee
CONSENT CALENDAR:

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

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar.

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)
Accepted report
4 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)
Rescinded Resolution 15306 and Adopted Resolution 15334 - Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans
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) Resolution 15335 - 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 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) Accepted completion of the Grand Ave Cycle Track Project and authorized 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
Authorized 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 Authorized 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
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill

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
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 5 of the Encampment Resolution Fund Round 3 (ERF3) Grant Program and Other Homelessness Program Services (CM)
City Manager Cristine Alilovich introduced the item. Assistant City Manager John Stefanski, legal counsel Scott Emblidge, Police Captain Roy Leon, and Homelessness and Housing Analyst Mel Burnette who presented the Staff Report.

Marin County Executive Derek Johnson and St. Vincent De Paul Executive Director Christine Paquette provided comments.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Robbie Powelson, Mark Rivera, Molly Blauvelt, Katie Fleet, Kevin Bruner, Lauren McCarthy, Jason, Laurel Halvorson, Name Withheld, Stephen Bingham, Lucie Hollingsworth, Legal Aid of Marin, Stuart Watson, Colin Taylor, Shinji Sakai-Egi, Tara Evans, Karen Strolia, San Rafael Chamber of Commerce, Al Vetere, Mahmoud Shirazi, Wes White, Salinas/ Monterey County Homeless Union & Lived Experience Advisory Directive (LEAD) Committee (Monterey County) & National Association for the Advancement of Colored People (NAACP) (Monterey County)
Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Llorens Gulati seconded to introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Introduced the Ordinance, waived further reading of the Ordinance, and referred to it by title only City Clerk Lindsay Lara read the title of the Ordinance:

Ordinance No. 2040: 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 Councilmember Kertz moved and Councilmember Bushey seconded to adopt the 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.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
6 Resolution 15336 - 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
Mayor Kate called a recess at 8:42 p.m., and called the meeting to order at 8:51 p.m. 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)
Assistant Public Works Director Joanna Kwok presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.

Ordinance No. 2041: 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

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)
Climate Adaptation and Resilience Planner Kate Hagemann presented the Staff Report.

Mayor Kate invited public comment.
7 Speaker: Al Vetere
Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt the 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.”
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Resolution 15337 - 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”
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)
Deputy Public Works Director Jonathan Schellin presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Al Vetere, Name Withheld
Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to 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.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Approved the Sidewalk Repair Program as a permanent program and authorized 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
8 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) Finance Manager Shawn Plate presented the Staff Report.

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

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Llorens Gulati seconded to Adopt the Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2023- 2024 for the Purpose of Confirming Authorized Appropriations and Transfers.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Resolution 15338 - Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2023-2024 for the Purpose of Confirming Authorized Appropriations and Transfers 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) Associate Civil Engineer (Public Works) Grey Melgard presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speaker: Name Withheld
Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to 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.
9 AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Approved 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, awarded a construction agreement (the “Construction Agreement”) for the project to Pavement Coatings Co., authorized the City Manager to execute the construction agreement in the amount of $1,655,880 and authorized 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, appropriated $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
• Al Vetere addressed the city council expressing thanks to Public Works for street maintenance.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 9:55 p.m.
___________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2024

_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.b
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ________ TOPIC: CONFLICT OF INTEREST CODE UPDATE
SUBJECT: RESOLUTION REPEALING RESOLUTION NO. 15117, RE-ADOPTING THE

FAIR POLITICAL PRACTICES COMMISSION MODEL CONFLICT OF
INTEREST CODE AS THE CITY’S CONFLICT OF INTEREST CODE, AND

ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY’S

CONFLICT OF INTEREST CODE
RECOMMENDATION:

Adopt a resolution repealing Resolution 15117, re-adopting the Fair Political Practices Commission (FPPC) Model Conflict of Interest Code as the City’s Conflict of Interest Code, and adopting a revised list of designated employee positions and disclosure categories to be incorporated into the City’s Conflict of Interest Code.

BACKGROUND:

FPPC regulations require that, in every even-numbered year, each public agency review and, if necessary, revise that portion of the Conflict of Interest Code containing the agency’s lists of designated positions and disclosure categories. These lists have been formulated using the criteria from FPPC regulations requiring that all local officials, who foreseeably may materially affect their private financial interests through their public duties, disclose their economic interests by filing a Statement of Economic Interest (Form 700). Some officials must file disclosure statements because of their position, and others are required to file because of their duties.

In compliance with this FPPC requirement, the City Clerk worked with City departments to review and, if necessary, revise their lists of designated positions and disclosure categories to reflect the City’s current organizational structure.

In addition, the FPPC has interpreted the Political Reform Act (PRA) to apply to members of those City boards and commissions with “decision-making authority,” as well as certain consultants. Boards and commissions are considered to have “decision-making authority” if, historically their recommendations have been routinely adopted by the City Council. Consultants are considered “public officials” for purposes of the PRA if they either serve as staff members or make recommendations that the City routinely adopts. City departments provided updated information about the applicability of these regulations to their respective consultants as well as their boards and commissions. That information has been used to update the Conflict of Interest Code.Everyone who is required to file for the first time will receive a copy of this staff report.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Copies of all statements of economic interest are kept on file in the City Clerk’s office for public review.

ANALYSIS:

The City Clerk’s office collaborated with the executive department director team to determine which positions in their department should be either added or removed from the previously adopted list of designated employees. All recommended changes are included in the red-lined Appendix A.

The disclosure requirements for the Mayor, City Councilmembers, City Manager, City Attorney, City Treasurer, and Planning Commissioners are set forth in Government Code sections 87200- 87210. They are not included in the City’s Code. These officials are covered under separate regulations, and their disclosure statements are filed with the FPPC in Sacramento, with copies kept on file in the City Clerk’s office for public review.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution for adoption, including
a. Appendix A (redlined)
b. Appendix B

2. Model FPPC Conflict of Interest Code (2 CCR Section 18730) 4895-8197-2955 v1
1 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING RESOLUTION NO. 15117, RE-ADOPTING THE FAIR POLITICAL

PRACTICES COMMISSION MODEL CONFLICT OF INTEREST CODE AS THE CITY’S CONFLICT OF INTEREST CODE, AND ADOPTING A REVISED LIST OF

DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, pursuant to California Government Code Sections 81000, et seq. (the Political Reform Act, or PRA), the City Council has adopted by Resolution from time to time the Fair Political Practices Commission’s (FPPC) model Conflict of Interest Code, contained in Title 2, California Code of Regulations, Section 18730, as the City’s Conflict of Interest Code, and adopted therewith designated employee positions and disclosure categories for incorporation into the City’s Conflict of Interest Code, most recently by Resolution No. 15117; and
WHEREAS, every even-numbered year every state agency and local governmental agency is required to review and, if necessary, revise its Conflict of Interest Code, including reviewing and revising its list of designated employee positions and its list of disclosure categories, so as to incorporate such changes as the new titles of recently hired employees, deleted positions, and other organizational restructuring; and WHEREAS, the City Council has determined that the attached Appendices A and B accurately set forth those designated employee positions (Appendix A - Designated Employees) and disclosure categories of financial interest (Appendix B - Disclosure Categories), which should be made reportable under the City’s Conflict of Interest Code; and WHEREAS, the City Council desires to continue to use the FPPC’s model Conflict of Interest Code, as set forth in Title 2, California Code of Regulations Section 18730, as the City’s Conflict of Interest Code, a copy of which is available for public review in the City Clerk’s office.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
4895-8197-2955 v1
2 1. Resolution 15117 is hereby repealed and replaced by this resolution.

2. The FPPC’s model Conflict of Interest Code, as set forth in Title 2, California Code of Regulations Section 18730, is hereby re-adopted as the City’s Conflict of Interest Code by this resolution.

3. The attached list of designated employee positions (Appendix A) and list of disclosure categories (Appendix B) are hereby adopted and incorporated into the City of San Rafael’s Conflict of Interest Code.

4. The officials and employees holding designated positions shall file Statements of Economic Interests (Form 700) as required by regulations of the FPPC and by Section 4 (C) of the City’s Conflict of Interest Code, with the City Clerk, and the City Council hereby delegates the authority of filing officer to the City Clerk.

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 Tuesday, the 3rd day of September 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
Attached:

1. Appendix A - Designated Employees

2. Appendix B - Disclosure Categories
1 APPENDIX A
Designated Employees
Position Disclosure
Category
All Departments
Associate Management Analyst………………………………………………………………… 1, 2 Management Analyst………………………………………………………………………………… 1, 2
Senior Management Analyst……………………………………………………………………... 1, 2 Administrative Analyst……………………………………………………………………............. 1, 2 Professional Analyst (Fixed Term) ……………………………………………………………. 1, 2 Business Systems Analyst (Fixed Term) ……………………………………………………. 1, 2 Data Analyst……………………………………………………………………............................... 1, 2 Network Analyst……………………………………………………………………........................ 1, 2 City Attorney
Assistant City Attorney…………………………………………………………………………….. 1, 2 Deputy City Attorney II…………………………………………………………………………….. 1, 2 City Clerk
City Clerk………………………………………………………………………………………………….. 1, 2
Deputy City Clerk………………………………………………………………………… 1, 2
City Manager
Assistant City Manager…………………………………………………………………………….. 1, 2 Director of Economic Development and Innovation…………………………………. 1, 2 Economic Development Program Coordinator………………………………………….. 1, 2 Sustainability and Volunteer Program Coordinator…………………………………… 1, 2 Sustainability Program Manager……………………………………………………………….. 1, 2 Parking Services Manager……………………………………………………………………....... 1, 2 Parking Operations Supervisor…………………………………………………………………. 2, 3a, 3d, 3g Community & Economic Development
Community & Economic Development Director………………………………………. 1, 2 Assistant Community & Economic Development Director…………….…………. 1, 2 Planning Manager…………………………………………………………………………………….. 1, 2 2 Senior Planner………………………………………………………………………………………….. 1, 2 Associate Planner……………………………………………………………………………………… 1, 2 Assistant Planner……………………………………………………………………………………… 1, 2 Senior / Code Enforcement Supervisor…………………………………………………….. 1, 2 Code Enforcement Official III……………………………………………………………………. 1, 2 Code Enforcement Official II…………………………………………………………………….. 1, 2 Code Enforcement Official I……………………………………………………………………… 1, 2 Chief Building Official……………………………………………………………………………….. 1, 2 Deputy Building Official……………………………………………………………………………. 1, 2 Permit Services Coordinator…………………………………………………………………….. 1, 2 Permit Technician…………………………………………………………………………………….. 1, 2 Permit Services Supervisor……………………………………………………………………….. 1, 2 Housing Program Manager……………………………………………………………………….. 1, 2 Senior Building Inspector………………………………………………………………………….. 1, 2 Building Inspector II..………………………………………………………………………………… 1, 2 Building Inspector I…………………………………………………………………………………… 1, 2 Digital Service and Open Government
Director of Digital Service and Open Government…………………………………… 1, 2 Data & Infrastructure Manager…………………………………………………………………. 1, 2 Civic Design Manager……………………………………………………………………………….. 1, 2 Product Manager……………………………………………………………………………………… 1, 2
Finance Department
Accounting Manager………………………………………………………………………………… 1, 2
Principal Accountant………………………………………………………………………………… 1, 2 Senior Accountant……………………………………………………………………………………. 1, 2 Payroll Technician…………………………………………………………………………………….. 3a, 3c, 3g Fire Department
Fire Chief…………………………………………………………………….……………………………. 1, 2
Deputy Fire Chief……………………………………………………………………………………… 1, 2 Battalion Chief – Operations…………………………………………………………………….. 1, 2 Battalion Chief – Administration……………………………………………………………….. 1, 2 Administrative Fire Captain………………………………………………………………………. 2, 3d, 3e, 3g Deputy Fire Marshal…………………………………………………………………………………. 1, 2 3 Deputy Director of Emergency Management…………………………………………… 1, 2 Fire Prevention Specialist…………………………………………………………………………. 2, 3d, 3e, 3g Fire Prevention Inspector II………………………………………………………………………. 2, 3d, 3e, 3g Fire Prevention Inspector I……………………………………………………………………….. 2, 3d, 3e, 3g Environmental Management Coordinator…………………………………………………. 2, 3d, 3e, 3g Emergency Management Coordinator………………………………………………………. 2, 3d, 3e, 3g Open Space/Hazard Coordinator……………………………………………………………… 1, 2 Wildfire Mitigation Specialist……………………………………………………………………. 2, 3d, 3e, 3g Wildfire Mitigation Project Coordinator……………………………………………………. 1, 2 Vegetation Management Specialist…………………………………………………………… 2, 3d, 3e, 3g Human Resources
Human Resources Director……………………………………………………………………….. 1, 2 Human Resources Operations Manager……………………………………………………. 1, 2 Library and Recreation
Library and Recreation Director………………………………………………………………… 1, 2 Assistant Library and Recreation Director…………………………………………………. 1, 2 Senior Recreation Supervisor……………………………………………………………………. 3a, 3b, 3f, 3g Recreation Supervisor………………………………………………………………………………. 3a, 3b, 3f, 3g Supervising Librarian………………………………………………………………………………… 3a, 3b, 3f, 3g Police Department
Chief of Police………………………………………………………………………………………….. 1, 2 Police Captain ………………………………………………………………………………………….. 1, 2 Police Lieutenant………………………………………………………………………………………. 1, 2 Department of Public Works
Public Works Director………………………………………………………………………………. 1, 2 Assistant Public Works Director / City Engineer……………………………………….. 1, 2 Deputy Public Works Director………………………………………………………………….. 1, 2 Senior Civil Engineer…………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Assistant Civil Engineer…………………………………………………………………………….. 1, 2 4 Jr. Engineer………………………………………………………………………………………………. 3e, 3g Engineering Technician I…………………………………………………………………………… 3e, 3g Engineering Technician II………………………………………………………………………….. 3e, 3g Traffic Engineer………………………………………………………………………………………… 1, 2 Traffic Engineering Technician I………………………………………………………………… 3e, 3g Traffic Engineering Technician II……………………………………………………………….. 3e, 3g Street Maintenance Superintendent
Streets Maintenance Supervisor……………………………………………………………….. 1, 2 Parks Superintendent
Parks Maintenance Supervisor………………………………………………………………….. 1, 2 Operations and Maintenance Superintendent
Operations and Maintenance Manager…………………………………………………….. 1, 2 Facility Repair Supervisor…………………………………………………………………………. 3d, 3e, 3f Shop & Equipment Supervisor………………………………………………………………….. 3d, 3e, 3f Senior Project Manager…………………………………………………………………………….. 1, 2 Sanitation District
District Manager / District Engineer…………………………………………………………. 1, 2 Principal Civil Engineer
Sr. Civil Engineer………………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Jr. Engineer………………………………………………………………………………………………. 1, 2
Operations and Maintenance Manager
Sewers Maintenance Supervisor………………………………………………………………. 3d, 3e, 3f Sewer Maintenance Superintendent…………………………………………………………. 3d, 3e, 3f Boards & Commissions
Design Review Board……………………………………………………………………………….. 1, 2 Park & Recreation Commission…………………………………………………………………. 1, 2 Consultants
Consultants **…………………………………………………………………………………………… 1, 2
** With respect to Consultants, the relevant department director may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of 5 disclosure requirements. The department director shall forward a copy of this determination to the City Clerk. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code.

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

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

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

NOTE: PENALTY FOR LATE FILING:

As required under the Political Reform Act of 1974, as amended, section 91013, if any person files an original statement after any deadline, he shall be liable in the amount of $10.00 per day after the deadline until the statement is filed, up to a maximum of $100.00, whichever is greater.
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
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1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.c
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: PUBLIC ART REVIEW BOARD BYLAWS AMENDMENT
SUBJECT: RESOLUTION AMENDING THE PUBLIC ART REVIEW BOARD BYLAWS RECOMMENDATION:

Adopt a resolution amending the Public Art Review Board Bylaws.

BACKGROUND / ANALYSIS:

In May 2022, the City Council established the Public Art Review Board consisting of three community members, one representative from the Park and Recreation Commission and one representative from the Design Review Board. On June 17, 2024, the City Council approved an amendment to the Public Art Review Board Bylaws to include a stipend for serving on the Board. On July 15, 2024, the City Council adopted an ordinance dissolving the Design Review Board and consolidating it with the Planning Commission.

Since the Design Review Board function has been consolidated into the Planning Commission, staff recommends the bylaws of the Public Art Review Board be amended to state that the City Council shall appoint a member of the Planning Commission, instead of a member of the Design Review Board. The number of representatives on the Public Art Review Board would remain the same. If approved, the Public Art Review Board would be comprised of three community members, one representative from the Park and Recreation Commission and one representative from the Planning Commission.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

OPTIONS:

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

1. Approve the resolution as proposed.

2. Approve the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

ATTACHMENTS:

1. Resolution, including Exhibit A: Bylaws of the Public Art Review Board RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AMENDING THE PUBLIC ART REVIEW BOARD BYLAWS TO UPDATE THE DESIGN

REVIEW BOARD REPRESENTATIVE TO THE PLANNING COMMISSION REPRESENTATIVE WHEREAS, the City Council has voted to dissolve the Design Review Board and consolidate the Design Review Board with the Planning Commission; and WHEREAS, the Bylaws of the Public Art Review Board require that one member of the Public Art Review Board be a member of the Design Review Board; and WHEREAS, the Bylaws of the Public Art Review Board must be updated to require that one member of the Public Art Review Board be a member of the Planning Commission instead of a member of the Design Review Board; and
WHEREAS, the bylaws in Exhibit A attached hereto are recommended by staff and include changing the term “Design Review Board” to “Planning Commission” throughout the Bylaws of the Public Art Review Board.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby repeals and replaces the City of San Rafael Bylaws of the Public Art Review Board with the version of the Bylaws attached hereto and incorporated herein as Exhibit A.

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 Tuesday, the 3rd day of September 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
____________________
LINDSAY LARA, City Clerk

EXHIBIT A: PUBLIC ART REVIEW BOARD BYLAWS

PUBLIC ART REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Public Art Review Board, hereinafter referred to as the "Public Art Review Board," or the “Board.” Section 1.2. Purpose. The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations.

Section 1.3. Committee Responsibility. The Public Art Review Board’s authority over long-term art proposals (greater than one year) is advisory only and the Board will issue a recommendation to City Council to approve or reject a proposal. For shortterm art proposals, the Public Art Review Board has the authority to approve exhibitions. At staff’s discretion, certain short-term projects may be required to obtain City Council approval, depending on project impact.

The Public Art Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The responsibilities and duties of the Public Art Review Board shall be as follows:

1. Work with Staff in the review and approval of public art projects.

2. Review all proposals for public art and recommend select projects to City Council for approval.

3. Monitor the overall development of public art projects, encouraging balance over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

4. Provide opportunities for community input and resident participation.

5. To use the following Public Art Review Criteria in evaluating all public art proposals:
a. Project Readiness: Projects can demonstrate readiness through completeness of design, skill/experience of the artist(s) or project manager(s), secured funding for art piece and cost of installation, successful community engagement, identification of an appropriate site, and proposed schedule. The Public Art Review Board may encourage an applicant to reapply, if they deny a proposal as not sufficiently ready but with specific promise to demonstrate future readiness. b. Qualifications: Artists, artist teams, or project manager must be able to demonstrate, through past work – as evidenced in a resume, portfolio, and reference – their ability to create quality artwork and act with the utmost professionalism. In most cases, artists have considerable training and experience working professionally at and have been compensated for their art. For certain projects, the City will consider emerging or non-professional artists, who are working under the guidance of a professional mentor or art teacher.
c. Funding: Projects should have a funding source identified and project implementation will be contingent upon receipt of full funding for the project. The City does not provide project funding for public art. d. Community Engagement: Proposed projects that have completed their own public engagement process will be prioritized.
i. For long-term projects (installation planned for more than one (1) year): A minimum of one (1) public meeting and three (3) letters of support are recommended. Successful public meetings might involve the local homeowner’s association (HOA), neighborhood associations, or business owners. The Public Art Review Board must be informed of these meetings ahead of time and allowed to opportunity to attend.
ii. For short-term projects that are viewable within the public rightof-way: A minimum of two (2) letters of support is recommended. iii. In both instances, it is recommended that one of the letters of support be from the local homeowners’ association (HOA) or neighborhood association, if applicable.
iv. Short-term projects inside a public facility are not required to conduct community engagement, outside of that undertaken through the Public Art Review Board process.
e. Maintenance: Works of art will have reasonable maintenance requirements and these requirements shall be compatible with routine City maintenance procedures. For projects that require more maintenance than current City budgets and staffing allow or a specific expertise, the project must set aside sufficient maintenance funding for the duration of the project and must develop an agreement for maintenance to be performed by private parties, as approved by City staff.
f. Design: Works of art will be designed in consideration of the relevance and appropriateness of the work to the context of the site and in alignment with public safety and decency.
i. The artwork will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability. The artwork will not contain content, signage, names, logos, or subject matter that could be construed as advertising or as religious or sexual in nature nor will it promote a political candidate or include political text. Any content considered obscene or indecent by community
standards will be denied.
ii. The design of the artworks will take into consideration issues associated with public spaces such as security, theft, vandalism, etc.
iii. The design of the artworks will consider the specific needs and use patterns of the public space in which they will be located. For example, in parks, works of art will not block critical view corridors or impede public usage of key open space.
g. Diversity: Artists and the City's public art collection should reflect the diversity of San Rafael’s community. The Public Art Review Board shall monitor the overall development of public art projects, encouraging balance in the City’s collection over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Public Art Review Board shall consist of five (5) voting members as follows: three (3) at-large members, one (1) representative from the Planning Commission and one (1) representative from the Park and Recreation Commission. The Councilmember in whose district the public art is proposed will participate as a non-voting liaison to the City Council as part of the selection process.

Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business.

Section 2.3. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member..

Section 2.4. Appointment of Committee Members. The representatives from the Planning Commission and the Park and Recreation Commission will be selected by the Planning Commission and the Park and Recreation Commission, respectively, on a biannual basis. The at-large members will be selected by the City Council.

Section 2.5. Terms of Appointment. The at-large Board members will serve a maximum of two (2) four (4) year terms. The representatives from the Planning Commission and the Park and Recreation Commission shall serve a term of two (2) years, but not more than two consecutive terms. However, if there is a vacancy, the Planning Commission and the Park and Recreation Commission have the authority to extend the current representative’s term at their discretion. Board Members serve at will and are subject to appointment and/or removal at the discretion of City Council.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison, or six absences (whether excused or unexcused) in any term, shall be considered a voluntary resignation from the Committee. Committee members who had previously resigned may be eligible for reappointment to the Committee.

Section 2.7. Conflict of Interest. A member of the Board who has a financial, business, familial or romantic relationship regarding a matter coming before the Board shall disqualify themself from all participation in that matter.

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. Public meetings shall be held a minimum of four (4) times per year but may meet more frequently or on an ad hoc basis, as needed. Quarterly meetings shall be scheduled annually with the quarterly meeting schedule for the upcoming year will be set by November of the previous year.

Revised September 3, 2024
ORDINANCE NO. 2040

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
SUMMARY OF ORDINANCE NO. 2040

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”
This Summary concerns a proposed ordinance of the City of San Rafael, designated as Ordinance No. 2040, which will amend Chapter 19.50 to the San Rafael Municipal Code. Ordinance No. 2040 is scheduled for adoption by the San Rafael City Council at its regular meeting of September 3, 2024. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
Ordinance No. 2040 will amend regulations governing camping on public property in the City of San Rafael. The amended regulations include providing greater flexibility for the City to prohibit camping or set time, place, or manner conditions on camping on public property. The ordinance includes clarification of prohibition on occupying, constructing, or affixing structures made of building materials on public property. Temporary shelters like fabric tents or tarps, provided they are not affixed to public or private property, except with removable stakes on unimproved ground would be permitted. The amended regulations will require a 5-ft. setback from the edge of pavement of a roadway open to the use of public for purposes of vehicular traffic. The ordinance includes a new enforcement section specifying notice and due process requirements. Other existing rules will stay in effect. With these changes, the City’s goal is to effectively regulate and enforce camping laws for the health, safety, and welfare of the public.

Copies of Ordinance No. 2040 are available for public review on the City’s website: https://www.cityofsanrafael.org. You may also contact the City Clerk at (415) 485-3066 for information.
________________________________

LINDSAY LARA
San Rafael City Clerk
Dated: 08/23/24
City of San Rafael
In Recognition of
National Preparedness Month 2024
WHEREAS, in San Rafael, our community is susceptible to human-caused and natural disasters, including earthquakes, wildland fires, floods, pandemics, and other large-scale emergencies we cannot predict; and
WHEREAS, recent events, including drought, wildfires, and a pandemic, have emphasized environmental, structural, and social vulnerabilities; and WHEREAS, when large-scale emergencies occur, Professional First Responders and Disaster Workers will be overwhelmed and need the support of prepared and trained residents; and
WHEREAS, government agencies and disaster organizations cannot bear the sole responsibility to prepare for and respond to disasters; and
WHEREAS, working in partnership with our community members, Community Emergency Response Teams (CERT), Neighborhood Response Groups (NRGs), community organizations, and others, we can minimize injuries and the loss of lives, reduce the impact to property and the natural environment, and more quickly help our community find a new normal, post-emergency; and
WHEREAS, as a culturally diverse City committed to being inclusive and accessible while providing its people with tools to prepare themselves and their loved ones, San Rafael will join the nation in emphasizing this year’s theme, “Empowering Asian American, Native Hawaiian and Pacific Islander (AANHPI) communities to act today to prepare for future risks and disasters”; and
WHEREAS, the City of San Rafael and partner organizations will design and provide a variety of customized trainings, resources, and outreach to encourage residents and staff of different backgrounds and cultures to take steps to be better prepared for all emergencies and disasters; and
WHEREAS, the time, energy, and effort that residents, business owners, and San Rafael employees invest in preparing now will create more resilient communities that can better prevent, navigate, and recover from a disaster.

NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim the month of September 2024 as National Preparedness Month
and in doing so, urge all residents and community members to take emergency preparation steps to increase our community’s resiliency to large scale emergencies or disasters.

Kate Colin
Mayor
ORDINANCE NO. 2041

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 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.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2041

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
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2041 which will amend Section 15.155.020 of Chapter 15.155 and Sections 15.03.050 and 15.03.120 of Chapter 15.03 of the City of San Rafael Municipal Code. Ordinance No. 2041 is scheduled for adoption by the San Rafael City Council at its regular meeting of September 3, 2024. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend the San Rafael Municipal Code by amending Chapter 15.155 (Urban Lot Splits), which provides procedures necessary for implementation of Section 66411.7 of the Government Code pertaining to urban lot splits.

The amendments would modify Chapter 15.155 to require the submittal and approval of a tentative map prior to submittal of the parcel map and require the recordation of a restrictive covenant and agreement prior to approval of the parcel map. This Ordinance would also amend Chapter 15.03 (Minor Subdivisions (Four or Fewer Lots)) to clarify that tentative maps and parcel maps for urban lot splits submitted pursuant to Chapter 15.155 shall be reviewed ministerially.

For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: 08/23/24
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: August 19, 2024
Disposition:

Agenda Item No: 4.g
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abe Roman, Fire Chief
Thomas Wong, Sr. Mgmt. Analyst II
City Manager Approval: ______________
TOPIC: MEDI-CAL INTERGOVERNMENTAL TRANSFER COST RECOVERY PROGRAM

AGREEMENT
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT ALLOWING THE

SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN A MEDI-CAL

INTERGOVERNMENTAL TRANSFER (IGT) PROGRAM WITH THE CALIFORNIA

DEPARTMENT OF HEALTH CARE SERVICES (DHCS) FOR THE SERVICE PERIOD OF JANUARY 1, 2023, THROUGH DECEMBER 31, 2023.

RECOMMENDATION:

Authorize the City Manager to execute an agreement allowing the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for the service period of January 1, 2023, through December 31, 2023.

EXECUTIVE SUMMARY:

The proposed agreement for participation in a Medi-Cal Intergovernmental Transfer (IGT) for the service period of January 1, 2023, through December 31, 2023, represents the tenth year of the City’s participation in the IGT program. The IGT program is administered the following year to allow for statewide ambulance data to be calculated, which sets the IGT rate for each agency. The program assists the City in recovering costs associated with the provision of emergency medical services (EMS) to individuals who are covered by Medi-Cal. Participation in the IGT program provides an important opportunity for the City to collect ambulance transport fees that would not otherwise be available.

Currently, the Medi-Cal program reimburses far less than the actual cost to provide the service.

BACKGROUND:

Since 2006, DHCS has offered public healthcare providers the opportunity to participate in a program that increases reimbursement for services provided to Medi-Cal Managed Care plan members. The DHCS Voluntary Rate Range Intergovernmental Transfer program (Welfare and Institutions Code §§14164, 14301.4) provides a way for Medi-Cal Managed Care Health Plan providers to gain access to federal matching funds for Medi-Cal reimbursements. In 2015, this program was expanded to include public emergency medical services (EMS) providers like the San Rafael Fire Department, who provide health care/ambulance services to Medi-Cal managed care enrollees. This made public EMS providers eligible to receive increased reimbursements from Medi-Cal Managed Care Health Plan providers.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Under the IGT program, counties and other governmental entities in the State may choose to transfer funds to the State in support of the Medi-Cal program. These funds are used as a match for federal funds, which are eventually returned to the EMS providers through their respective Medi-Cal Managed Care Health Plan providers. In Marin County, the Medi-Cal Managed Care Health Plan provider is called Partnership HealthPlan of California.

Transport data is collected from each agency on a quarterly basis to calculate the program's total size and share of the reimbursement. Once collected, letters of interest are sent to each eligible agency to determine if they intend to participate. Using the letters of interest, DHCS then calculates each agency’s share of the program based on the number of returned letters of interest. Since Q4 2023 transport data is not submitted until Q1 2024, the calendar year 2023 program is administered in 2024.

ANALYSIS:

Overview of IGT Program: The IGT program requires the transfer of eligible local dollars from the City to DHCS. DHCS, in turn, uses transferred funds from local governments to increase monthly capitation rates it previously paid Medi-Cal Managed Care Health Plan providers in the prior fiscal year, thus allowing DHCS to receive additional federal funding from the Centers for Medicare and Medicaid Services (CMS) for payment to the Medi-Cal Managed Care Health Plan providers. The Medi-Cal Managed Care Health Plan providers then pay most of their IGT-funded rate increases to the local governments that transferred the funds. Ultimately, each participating local government receives back the funding it provided to participate in the program, plus the federal match in return.

In June 2024, DHCS notified the City that a non-binding letter of interest must be submitted in order for the City to participate in the program for the service period of January 1, 2023, through December 31, 2023. Since the IGT program is voluntary, the non-binding letter allows DHCS to better estimate how many agencies will participate, which sets the IGT contribution rate for each agency.

Staff submitted the non-binding letter of interest and has been working with DHCS to develop the necessary agreement for participation. In July 2024, DHCS provided an estimated transfer amount based on the returned letters of interest from participating agencies with a standard agreement that all participating agencies must sign (Attachment 1). DHCS is requesting the agreement be returned by September 16, 2024.

Transfer from the City to the State: Once CMS has approved the entire IGT transaction, and the Plan rate contracts have been signed by DHCS and the Medi-Cal Managed Care Health Plans throughout the State, DHCS will submit a request to participating agencies to transfer funds to the State. With the City Council’s approval, the City will transfer an estimated $214,265 to DHCS. Additionally, the City will make a separate estimated payment of $42,853 (20%) to DHCS as authorized in Welfare and Institutions Code Section 14301.4, to cover the administrative costs (assessment fee) of operating the IGT program for the service period of January 1, 2023, through December 31, 2023. If the State is unable to use all the transferred funds to increase plan rates, it will return any used funds and the associated 20% administrative fee.

Payment to the City: Federal matching funds received by the City will be used to promote the wellbeing of Partnership HealthPlan of California beneficiaries by maintaining the current service levels of the paramedic program. Although DHCS and the Partnership HealthPlan of California cannot provide the City a revenue estimate until they receive all participants signed IGT Agreements. The Fire Department expects to net roughly $452,000 for the service period of January 1, 2023, through December 31, 2023, based on prior year revenues.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Using the most recent calendar year (CY) 2022 cycle, the City received $796,792, which consists of the original contributions and the federal matched funds. When the 20% pre-paid administrative fee is considered, the resulting net revenue received by the City was $468,392 for FY 2023-24. The City expects net revenue of a similar amount for calendar year 2023, as discussed below.

FISCAL IMPACT:

The IGT will support the Emergency Medical Services Fund in recovering a greater portion of its ambulance transport costs.

The DHCS agreement provides approximate transfer amounts based on information provided to the City by Partnership HealthPlan of California, the County’s Medi-Cal Managed Health Care Plan provider. A summary of the amount the City expects to transfer to DHCS and receive back through participation in this program is outlined below.

Time Period Funding
Source
Transfer
Amount to
DHCS
Admin
Fee to
DHCS
Estimated Funds
Returned to City
Estimated
Net New
Funds
2023 Calendar
Year Fund 210 $214,265 $42,853 $710,000 $452,882
The proposed funds to be transferred to the State will be allocated from the City’s Paramedic Services Fund (210) and are expected to be transferred in November 2024.

OPTIONS:

1. Authorize the City Manager to execute an agreement allowing the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for the service period of January 1, 2023, through December 31, 2023.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. IGT Agreement for 2023 Calendar Year with San Rafael Fire Department Allocation Estimates CONTRACT # IGT-23-0016
1 Template Version - 3/2024

INTERGOVERNMENTAL AGREEMENT REGARDING

TRANSFER OF PUBLIC FUNDS
This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (“DHCS”) and CITY OF SAN RAFAEL (“GOVERNMENTAL FUNDING ENTITY”) with respect to the matters set forth below.

The parties agree as follows:

AGREEMENT

1. Transfer of Public Funds

1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code.

The amount transferred shall be based on the sum of the applicable rate category per member per month (“PMPM”) contribution increments multiplied by member months, as reflected in Exhibit

1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2023 through December 31, 2023 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in SubSection 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS.

1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- CONTRACT # IGT-23-0016
2 Template Version - 3/2024
related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.

1.3 DHCS shall reconcile the “Estimated Member Months,” in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2023 through December 31, 2023 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available.

Actual enrollment figures will be considered final two years after December 31, 2023. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers.

2. Acceptance and Use of Transferred Funds

2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2.

2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share CONTRACT # IGT-23-0016
3 Template Version - 3/2024
of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)’ capitation rates for the service period of January 1, 2023 through December 31, 2023, in accordance with section 14301.4 of the Welfare and Institutions Code.

2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law.

2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services.

2.5 DHCS shall not direct HEALTH PLAN(S)’ expenditure of the payments received pursuant to Sub-Section 2.2.

3. Assessment Fee

3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement.

3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a CONTRACT # IGT-23-0016
4 Template Version - 3/2024
20 percent fee. DHCS has determined that $ 0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3.

3.3 The 20-percent assessment fee pursuant to this Agreement is nonrefundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to SubSection 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made.

4. Amendments

4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties.

4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement.

5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below:

To the GOVERNMENTAL FUNDING ENTITY:

Thomas Wong, Sr. Mgmt Analyst II
1375 5th Ave.

San Rafael, CA 94901
(415) 458-5360
[email protected]
With copies to:

CONTRACT # IGT-23-0016
5 Template Version - 3/2024
Abraham Roman, Fire Chief
1375 5th Ave.

San Rafael, CA 94901
(415) 458-3306
[email protected]
Jason Hatfield, Battalion Chief
1375 5th Ave.

San Rafael, CA 94901
(415) 458-3368
[email protected]
To DHCS:

Vivian Beeck
California Department of Health Care Services
Capitated Rates Development Division
1501 Capitol Ave., MS 4413
Sacramento, CA 95814
[email protected]

6. Other Provisions

6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the MediCal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties.

CONTRACT # IGT-23-0016
6 Template Version - 3/2024

6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement.

6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement.

6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement.

6.5 Time is of the essence in this Agreement.

6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations.

7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS’ powers, authorities, and duties under Federal and State law and regulations.

8. Approval. This Agreement is of no force and effect until signed by the parties.

9. Term. This Agreement shall be effective as of January 1, 2023 and shall expire as of June 30, 2026 unless terminated earlier by mutual agreement of the parties.

CONTRACT # IGT-23-0016
7 Template Version - 3/2024

SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below.

City of San Rafael Fire Department:

By: Date: _______________________
(Funding Entity Signer)
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:

By: Date: _______________________
David Bishop, Division Chief, Capitated Rates Development Division CONTRACT # IGT-23-0016
8 Template Version - 3/2024
Exhibit 1
* Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here. * FMAP is a weighted blend of multiple FMAPs.

Health Plan Funding Entity County Service Period Participation % Partnership Health Plan
of California
City of San Rafael Fire
Department Regional 1/2023 - 12/2023 0.40%
Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (NonFederal Share)
Child SIS $ 0.01 2,591,827 $ 25,918
Child UIS $ 0.01 97,541 $ 975
Adult SIS $ 0.04 1,198,291 $ 47,932
Adult UIS $ 0.03 165,873 $ 4,976
ACA Optional Expansion SIS $ 0.01 2,436,431 $ 24,364
ACA Optional Expansion UIS $ 0.01 216,291 $ 2,163
SPD SIS $ 0.11 439,967 $ 48,396
SPD UIS $ 0.09 30,489 $ 2,744
SPD/Full-Dual SIS $ 0.04 912,959 $ 36,518
SPD/Full-Dual UIS $ 0.02 2,680 $ 54
LTC SIS $ 0.11 1,081 $ 119
LTC UIS $ 0.09 372 $ 33
LTC/Full-Dual SIS $ 0.04 29,751 $ 1,190
LTC/Full-Dual UIS $ 0.02 27 $ 1
Whole Child Model SIS $ 0.19 98,440 $ 18,704
Whole Child Model UIS $ 0.08 2,227 $ 178
Est. FE Total 8,224,247 $ 214,265
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.h
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director
Ryan Montes, O&M Manager
City Manager Approval: ______________
TOPIC: FLEET REPLACEMENT FISCAL YEAR 2024-2025
SUBJECT: AUTHORIZE CITY MANAGER TO PURCHASE THREE (3) VEHICLES FOR REPLACEMENT IN AN AMOUNT NOT TO EXCEED $330,000
RECOMMENDATION:

Authorize the City Manager to purchase three (3) vehicles to replace aging and operationally inadequate vehicles for the City’s vehicle fleet in an amount not to exceed $330,000, which includes a $30,000 (10%) contingency for unexpected cost increases.

BACKGROUND:

The Department of Public Works has identified three (3) vehicles across City departments that need to be replaced in the fleet. This includes one vehicle from the Fire Department, one from the Police Department, and one from the Parking Services Division. In the past three fiscal years, Public Works has replaced 44 fleet vehicles, including twenty-four (24) from the Police Department, nine (9) from the Public Works Department, eight (8) from the Fire Department and two (2) from the Parking Services Division.

This has brought most of the City’s high-use vehicles, such as police patrol cars and ambulances, up to date, which will allow Public Works to analyze the fleet and work with other City Departments to develop a strategic replacement plan that meets the City’s financial, environmental, and operational goals. Staff recommendations for the replacement plan of vehicles by department are listed below.

Fire Department
The San Rafael Fire Department (SRFD) replacement recommendations include one sport utility vehicle (SUV). Table 1 shows the vehicle number, recommended replacement, and associated cost. Vehicle number 50-16 is assigned to the fire chief. It is currently a mid-size gasoline-powered SUV. The vehicle is minimally upfitted and does not meet the operation needs of the SRFD. Upfitting is the process of customizing a vehicle to meet specific operational needs. Emergency vehicles used by police and fire are commonly upfitted with sirens, emergency lighting, communications, equipment, etc. It is recommended to replace it with a full-size SUV with a small diesel engine. The full-size SUV will allow the vehicle to be upfitted to the needs of the SRFD, and the diesel engine will be more efficient with the weight of the larger SUV and added emergency equipment and supplies. It will also be able to use renewable diesel, which the City stocks at the Public Works Corporation Yard.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Police Department
The San Rafael Police Department (SRPD) replacement recommendations include one SUV. Table 1 shows the vehicle number, recommended replacement, and associated cost. Vehicle 145-04 is a cargo van used by the department’s Crisis Response Unit. The current vehicle cannot accommodate the combined weight of occupants and necessary equipment. Also, equipment does not fit within the vehicle when occupied by personnel and requires a trailer to haul all necessary equipment. It is recommended that a Ford Transit HD Cargo Van. This van has the payload capacity and size to safely accommodate all staff and equipment and allow the Crisis Response Unit to efficiently mobilize personnel when needed.

The van will not be armored, but its design and functionality will significantly enhance the team’s readiness and operational effectiveness.

Parking Services
The Parking Services Division replacement recommendations include one EV (electric vehicle) Parking Buggy. Table 1 shows the vehicle number, recommended replacement, and associated cost. Vehicle 215-07 is the last gas-powered parking buggy in the Parking Services Division. It has reached its end of life due to age, mileage, and overall condition. It is recommended to replace it with a GO4 EV Buggy.

Parking Services uses two other GO4 EV parking buggies approved in the fiscal year FY 2021-22 budget.

The buggies play a crucial role in parking enforcement throughout the City and have proven to be the best option for these duties. Replacing the remaining gas buggy with a new EV buggy aligns with the City’s approved Climate Change Action Plan 2030, which recommends the City move towards lowemission city vehicles (Recommendation LCT-M1). It will also reduce operational costs and provide City Parking Enforcement Officers with a safe and reliable vehicle.

ANALYSIS:

Table 1 summarizes the recommended replacement vehicles for FY 2024-25. The fleet manager and finance department verified the vehicles. Over the next fiscal year, the vehicle replacement fund balance and replacement strategy will be discussed citywide.

Table 1- Summary of recommended replacement vehicles and total anticipated costs Department Vehicle Number Recommended
Replacement
Associated Cost
(includes upfitting
costs)
Fire Department 50-16 Chevrolet Tahoe SUV $120,000
Police Department 145-04 Ford Transit HD Cargo $120,000 Parking Services 215-07 GO4 EV Buggy $60,000
Total $300,000
Total with 10% Contingency $330,000
The City plans to purchase the vehicles using State cooperative purchasing programs and is exempt from competitive bidding per San Rafael Municipal Code 2.55.100 (E).

Cooperative purchasing programs: Purchases of supplies, material, equipment or services and sales of surplus property made under a cooperative purchasing program, such as by utilizing purchasing agreements maintained by the United States government or any agency or division thereof, the State of California, County of Marin, or other public agencies, are exempt from the competitive bidding requirements of this chapter. Documentation of the cooperative purchase should be made.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
City’s Commitment to Zero-Emission Vehicles
The City has a commitment to transition its fleet to zero-emission vehicles over the next several years as part of the Electric Vehicle Acceleration Strategy Workplan adopted by Council in 2023. Whenever possible when a vehicle meets functional needs the City will purchase electric vehicles. In many cases there are not electric options available yet to serve the necessary functionality. In those cases, vehicle procurement will be delayed if possible until such time as an EV or other zero-emission vehicle is available. In addition, when EV’s are purchased, the City also needs to have adequate electrical infrastructure and EV chargers, and PG&E must have infrastructure available to handle the additional electrical load. The City recently conducted a facility analysis and is d developing its plan to transition the fleet. A significant amount of infrastructure improvements will be necessary to accommodate this transition and there are numerous incentives available to the City to do so. Staff anticipates completion of the planning phase this fall with intention to conduct a procurement process soon thereafter which will enable more EV purchases in the coming fiscal years.

FISCAL IMPACT:

These expenditures have been planned, and appropriations are provided in the approved FY 2024-25 budget (Vehicle Replacement Fund #600) to replace three (3) vehicles recommended for replacement for an amount not to exceed $330,000. This includes a 10% contingency due to the fluctuation in supply chain that has been experienced the last few years.

OPTIONS:

1. Authorize the City Manager to purchase three (3) vehicles to replace aging vehicles for the City’s vehicle fleet.

2. Do not authorize the purchase and provide direction to staff.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Fleet Management Policy and Procedures

CITY OF SAN RAFAEL

POLICIES AND PROCEDURES
Policy No.

Subject: Fleet ManaQement Policy
Resolution No.

Issue Date: September 6, 2012
Revision Date:

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

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

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

POLICY:

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

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

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

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

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

Page 1 of 3 ends

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

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

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

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

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

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

Page 2 of 3 ends

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

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

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

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

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

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

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

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

Page 3 of 3 ends

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item: 4.i
Meeting Date: September 3, 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: B STREET CULVERT REPLACEMENT PROJECT
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO THE FIRST AMENDMENT TO THE TASK ORDER WITH PARK ENGINEERING, INC. FOR INSPECTION SERVICES

ASSOCIATED WITH THE B STREET CULVERT REPLACEMENT PROJECT, IN AN ADDITIONAL AMOUNT OF $54,122.34, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $127,560.34
RECOMMENDATION:

Authorize the City Manager to enter into the first amendment to the task order with Park Engineering, Inc. for inspection services associated with the B Street Culvert Replacement Project, in an additional amount of $54,122.34, increasing the total not-to-exceed amount of the agreement to $127,560.34.

BACKGROUND:

The B Street Culvert Replacement Project proposes replacing part of the existing concrete box culvert underneath B Street near the intersection of Woodland Avenue.

On November 29, 2021, the City entered into a task order under the City’s Service Level Agreement for inspection services associated with the B Street Culvert Replacement Project with Park Engineering, Inc. for $73,438.

ANALYSIS:

The B Street Culvert Replacement Project was originally expected to start construction in 2021. At that time, the amount of the task order agreement for Park Engineering, Inc. was below the $75,000 threshold for City Council approval. However, construction was significantly delayed due to coordination issues with utility companies to hold joint poles in place. The construction contract was put back out to bid, and City Council approved the construction contract to Maggiora & Ghilotti, Inc. on April 15, 2024. Due to an increase in rates over the years, increases in expected working days for the project, and the addition of materials testing to the scope, Park Engineering, Inc. submitted a revised proposal for their services, prompting the need for City Council approval.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT:

The revised proposal from Park Engineering, Inc. to provide inspection services and materials testing totals $127,560.34, an increase of $54,122.34 from the original contract amount of $73,438.

The B Street Culvert Replacement Project (City Project Number 11380) is identified in the 2024-25 Capital Improvement Program. Appropriations supporting this project were included in the FY 2024-25 Budget (Gas Tax Fund - #206) approved by the City Council on June 17, 2024.

OPTIONS:

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

1. Authorize the City Manager to enter into the first amendment to the agreement as recommended.

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

RECOMMENDED ACTION:

ATTACHMENT:

1. First Amendment to the Task Order with Park Engineering, Inc.

Rev. May 2013
City of San Rafael

SERVICE LEVEL AGREEMENT
DATED DECEMBER 17, 2019
WITH PARK ENGINEERING, INC.

TASK ORDER NO. 61.1
(Amendment to Task Order No. 61)
Construction Inspection and Material Testing Services for the B Street Culvert Repair Amendment Amount: $54,122.34
THIS AMENDMENT TO TASK ORDER No. 61 is entered into on _________________, between the City of San Rafael, a municipal corporation ("City"), and Park Engineering, Inc., ("Contractor").

RECITALS
A. Whereas Master Consultant Services Agreement is hereby renamed Service Level Agreement; and
B. The City and Contractor (as may be identified as “Consultant” in the original Agreement) have entered into a Service Level Agreement ("Agreement") dated December 17, 2019 under which Contractor has agreed to perform certain contract services for the City; and C. Pursuant to the Agreement, on November 29, 2021, the City and Contractor entered into “Task Order No. 61” under which Contractor agreed to perform contract services in connection with City’s Construction Inspection Services for the B Street Culvert Repair (the “Project”), for a total not to exceed $73,438; and
D. City now requires additional services for the Project, and the Contractor is willing to provide such services.

NOW, THEREFORE, City and Contractor agree to amend Task Order No. 61 as follows:

AGREEMENT TO AMEND TASK ORDER

1. Section 1 entitled “Scope of Services,” is hereby amended to include the additional services set forth in Exhibit A of this Task Order Amendment.

2. Section 2 entitled “Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule” is hereby amended to include the additional services, work hours estimate, cost estimate and budget set forth in Exhibit A, for an amount not to exceed $54,122.34, changing the total not to exceed to $127,560.34.

3. Except as specifically amended herein, all of the other provisions, terms and obligations of Task Order No. 61 shall remain valid and shall be in full force.

City of San Rafael Service Level Agreement
Amendment to Task Order
Rev. Jan 2019
2 4. Signatures. The parties have executed this Amendment as of the date first written above.

CITY OF SAN RAFAEL
By: _____________________________
Cristine Alilovich, City Manager
Reviewed By
By: ______________________________
Robert F. Epstein, City Attorney

CONTRACTOR
By: __________________________
Name: ________________________
Title: _________________________
(if Contractor is a corporation, add
signature of second corporate officer)
By: __________________________
Name: ________________________
Title: _________________________
Exhibits:

A – Scope of Work
May 2, 2024
Adeel Shaikh
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
RE: Construction Inspection Services for B Street Culvert Repair Project City Project No. 11380
Dear Adeel,
Park Engineering, Inc. is pleased to submit this proposal to provide construction inspection services for the City’s B Street Culvert Repair Project. We appreciate the opportunity to continue to work with the City on this project.

Kevin Dickens will be the Construction Inspector for the City. Kevin has spent over 40 years in the construction industry working for many Bay Area city and county public works departments and transportation agencies. He has a significant background specific to underground and rehabilitation projects. Kevin has excellent public relation skills and will work closely with local business and homeowners.

SCOPE OF SERVICES
Park Engineering will support the City by providing construction inspection for this Culvert Replacement Project. We will perform all the duties required, including, but not limited to the following:
• Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, traffic control utilized and any other pertinent information in a daily diary for permanent record.
• Monitor all field work for contract compliance and document with daily reports and pictures
• Coordinating with the contractor for all aspects of the work including traffic control, utility work, safety, and ensuring contract for acceptance of completed work by the City • Work closely with City staff on project schedule, field progress and issues • Prepare supporting quantity calculations for work performed, including any contract change orders, and progress pay estimates on a monthly basis • Maintain and enforce safety awareness for the protection of workers and public • Review all necessary sampling and testing of materials for the project, performed by the Contractor, in accordance with the specifications and ensure that all materials meet the contract requirements
• Attend any progress or public meetings as requested
• Conduct interviews of field personnel for EEO/Labor Compliance monitoring as requested • Work closely with City Staff on final punchlist and acceptance of the contract work • Assist City Staff as needed on various project administration tasks Orinda Office
372 Village Square
Orinda, CA 94563
Tel: 925-257-2508
Fax: 925-401-7030
Emeryville Office
3960 Adeline Street, #3
Emeryville, CA 94608
Tel: 925-257-2508
Fax: 925-401-7030
Exhibit A
As principal in charge, I will provide oversight to the construction inspector as well as provide any other needed support to the City.

We have enclosed a brief resume for Kevin and a cost proposal with estimated hours and rates.

Please let me know if you have any questions or if any additional information is needed. I am available on my mobile at 510-701-0319 or e-mail: [email protected].

Sincerely,
Steve Patterson, P.E.

Vice President
RESUME

KEVIN DICKENS, CONSTRUCTION MANAGER / CONSTRUCTION INSPECTOR Years of Experience
40+
Education
San Jose City College - San Jose, CA
Gavilan Community College – Gilroy, CA
High School Diploma, Milpitas High School, 1979
Certifications and Training
Public Works-Utilities-Waterworks Management Institute- Management & Leadership Training Program Key Qualifications
Kevin has over 40 years of experience in the construction of public works and water infrastructure projects. He has acted in the role of Construction Supervisor and Inspector on behalf of cities and utility agencies providing clear direction and explaining plans and contract terms in a clear and understandable way. He is safety conscious and detail oriented, as well as innovative, adept at finding engaging ways to motivate construction teams to exceed expectations and maintain high standards. Kevin has extensive experience with underground utilities, storm drain and roadway improvements including failure repairs, HMA overlay and paving, water systems, pipelines, tanks, mechanical and electrical systems, and signalized intersections. As a supervisor on construction sites, Kevin collaborated successfully with engineers, owners, city officials and construction staff to complete multi-million-dollar projects.

Representative Project Experience
• City of Palo Also On-call, Gas Main Replacement
Kevin provided inspection services for the Gas Main Replacement 24B (GMR 24B) project. The GMR24B project replaced approximately 18,000 linear feet of new PE gas mains. Various tasks included pre-CCTV and post-CCTV inspections, installation of new gas main and services, compaction testing, and pavement restoration of the excavated roadways.
• San Jose Water Company, San Jose
Kevin was working as project manager providing management services for multiple projects – both new developments and maintenance projects – for funding, overseeing design, coordinating permits and utilities, reviewing and awarding construction contract, and overseeing the construction management team. He was also involved with the project funding and close-out procedures.

Projects include: San Jose Mineta, Prospect Road Main Replacement, Lombard Main Replacement, Entrada Cedros Tract #10319, Hillsdale Main Replacement and Cadillac Drive Main Replacement. • Poplar Corridor Safety Improvement Project, City of San Mateo The project constructed a median island on Poplar Ave from Amphlett Blvd to Idaho St, as well as traffic calming improvements along Humboldt St. from Peninsula Ave to E. Poplar Ave as a result of the traffic diversion. Traffic calming improvements included: bulbouts at College/ Humboldt intersection and mid-block in front of the court house, landscaping with new trees, pedestrian level lighting, radar feedback signs, and signal upgrades at Humboldt/Poplar. Kevin performed construction inspection and daily documentation of contractor’s activities. He was a backup inspector to the primary inspector on the project.
• Iron Horse Lane Water Main Replacement Project – Alameda County Water District (ACWD), Fremont
Kevin was the construction inspector for this $2 million Alameda County Water District, Iron Horse Lane Water Main Replacement Project. The work included installation of over 1,000-feet of new 6- RESUME
inch diameter steel pipe and PVC water main, along with a number of service laterals, to meet current ACWD standards. The work also included rehabilitation of the roadway sections upon completion of the water main and service lateral replacements. The three-block water main replacement project is located in Niles Community of Fremont. The items of work included:
o Installation of new 6-inch water main pipe and service laterals o Potholing of existing utilities
o Trench backfill & HMA paving
o Traffic control – both for vehicles and pedestrians
o Water Pollution Control
o Public relations and outreach
• Saratoga Avenue Water Main Replacement, San Jose Water Company, San Jose CA The scope of this $650K project included the installation of 1800 LF of 12” Ductile Iron water main and appurtenances. Kevin was the Project Manager and Inspector representing San Jose Water Company, responsible for all inquiries from the public, jurisdictional representatives and contractors.

He ensured compliance with state or local guidelines in traffic control, SWPPP and safety regulations and was also responsible for the notification of all service interruptions to consumers in conjunction with this project and to resolve any conflicts with residents or businesses. In addition to field duties, Kevin was responsible for receiving, tracking and approving or negotiating all progress billing and change orders, as well as review of as-built drawings and submitting RFI’s to the contractor prior to submittal to the engineer.
• Johansen Avenue Water Main Replacement, San Jose Water Company, Cupertino CA Kevin provided construction oversight for this $375K project that included the installation of 2200 LF of 6” Ductile Iron water main and appurtenances, 6” zone separation valve and pressure reducing valves on high pressure service laterals. One in-home Child Care facility and one special needs resident were within the project parameters. Kevin’s responsibilities were to ensure project timelines were kept intact while accommodating the needs of the residents. This project required field changes to be made to remedy unforeseen conflicts and obstructions and to document and submit changes to the Engineer. Kevin also insured all State, Local and Federal conditions were met and maintained throughout the project.
• Water Main Developer Installation, San Jose Water Company, San Jose CA0 Kevin trained and supervised consultant inspectors for this $1.25 million project that installed daily water main throughout a new housing tract. Kevin ensured SJWC material standards were met through submittals and visual inspection, checked grade staking by engineer’s surveyors to ensure proper depth and layout, coordinated start dates with developer’s contractor, made sure all safety protocols were in place, and conducted daily site visits to check on progress and answer any questions from the inspector or developer’s contractor. Kevin also supervised the disinfection and testing of the new water main to ensure the water quality meets state standards. Kevin was responsible for reviewing and correcting the contractors and inspectors as-built drawings. He also coordinated all off site water main installations by SJWC’s contractor, met with permitting agency or agencies to insure compliance with permit conditions, inspected off site installations, coordinated service interruptions and notified consumers affected, and reviewed and approved SJWC contractor billing for processing.

Regular
Loaded Rate
Overtime
Rate
Construction Close-out
Kevin Dickens
Construction Inspector $ 168.13 $ 252.20 560 20 580 20 $ 102,560.34 Applied Materials & Engineering
Materials Testing $ 25,000.00
$ 127,560.34

2. Based on full-time inspection for 70 Working Days per Contract Documents - only one inspector.

1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties.

City of San Rafael
B Street Culvert Replacement Project
Cost Proposal for Inspection Services
Name / Classification
Rates Hours
Total
Regular
Hours
Total
Overtime
Hours
Cost
Total =
City Project No. 11380
As-needed (see attached Rate Schedule)
Per Hour
1 HMA Sampling, Group 3 $125.00
2 Compaction Testing, Group 3 $125.00
UNIT TEST COSTS Per Set
1 Concrete Compression, per set of 5 (includes pick-up) $450.00 2 Sieve Analysis, each $240.00
3 Sand Equivalent, each $125.00
4 Cleanness Value, each $280.00
5 Moisture Content, each $55.00
6 Durability Index, each $280.00
7 LA Abrasion $750.00
8 Concrete Aggregate Tests (2 Sieves, 1 Cleanness value, 2 moisture content, 1 sand eq.) $995.00 9 HMA JMF Verification or Production Startup, each $8,000.00 10 HMA Production Testing, each $4,500.00
11 Moisture-Density Curve or Cal Impact Test, each $650.00 12 Core Density, each $120.00
13 CIR IDT $800.00

OTHER COSTS
1 Project Management, per hour $195.00
2 Final Affidavit, each $400.00

BASIS OF CHARGES
Minimum charge per call-out, show-up: 4 Hours
Work from 4-8 hours: Actual Time
Travel to job site: Portal-to-Portal
Mileage to shop & jobsite: $0.75 per mile
Parking: To be provided
Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time

INSPECTION RATES
The estimated fees are based on the following State and Federally mandated prevailing hourly inspection rates and unit tests costs. Rates will be adjusted in accordance with DIR prevailing wage adjustments; certified payroll, if required, will be billed at higher rates. 2024 RATE SHEET -
Various Improvement Projects

MATERIAL TESTING FEES - QUALITY ASSURANCE
A. HOURLY AND UNIT COSTS & BASIS OF CHARGES
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.j
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Ryan Montes, Operation and
Maintenance Manager
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: STORMWATER PUMP STATION REPAIR AGREEMENT
SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO WAIVE

COMPETITIVE BIDDING AND ENTER INTO A MAINTENANCE AGREEMENT

WITH PUMP REPAIR SERVICE COMPANY TO REPAIR TWO STORMWATER PUMPS, IN AN AMOUNT NOT TO EXCEED $720,000
RECOMMENDATION:

1. Authorize the City Manager to waive competitive bidding and enter into a maintenance agreement with Pump Repair Service Company to repair two stormwater pumps in an amount not to exceed $720,000.

2. Appropriate $360,000 from the Capital Fund (401) to supplement the previously appropriated amount of $520,000 from the Stormwater Fund (205) included in the FY 2024-25 adopted budget approved on June 17, 2024.

BACKGROUND:

The City of San Rafael has twelve storm water pump stations that serve as the backbone of the City’s flood control system. Most storm drain inlets are located along roadways throughout the City and drain into one of the twelve pump stations running thirty-four pumps. The pump stations have the combined ability to discharge $2M gallons of water per minute during significant storm events. The importance of well-functioning pump stations cannot be overstated, as hillsides surround many parts of San Rafael and are in low-lying areas susceptible to flooding during major rain events.

While the Department of Public Works maintenance staff performs day-to-day maintenance at the stations under the direction of the Operations and Maintenance Manager, the City annually contracts for thorough inspections and repairs to the pump stations through more specialized companies to ensure the pumps and control systems are properly functioning ahead of the upcoming winter storm season.

It is important to note that all but three of the stormwater pump stations (Lindaro, North Francisco, and Rossi) were constructed in the 1950s and 1960s and continue to rely on original equipment, including pumps and control systems. During heavy rain events, garbage, rocks, and other debris SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
often enter the stormwater pump station system, causing significant damage to the pumps and piping system over time.

Damaged pumps must be pulled using large construction equipment and taken to an outside facility specializing in pump repair to perform the repairs and rebuilds. In many cases, replacement of the pump components is required, as they can be completely damaged from debris. Because the pumps are submerged when installed at the pump station, it is nearly impossible to determine the full extent of the damage on the inside of the fully enclosed pump system. Removal and disassembly of the pump are needed to fully assess the damage.

ANALYSIS:

The City has bid these repairs competitively several times over the years. However, inadequate services and exorbitant prices led the City to work exclusively with Pump Repair Service Company of San Francisco. Few repair companies have the expertise required to service pumps from the 1950s and 1960s, most of which were manufactured by Cascade Pump or Peerless Pump. Pump Repair Service Company is an exception which therefore provides the business case for a sole source contract They are quite familiar with these types of pumps and have successfully repaired other City stormwater pumps on several occasions. Staff recommends the waiver of competitive bidding for the work described above, as described in section 2.55.100(C) of the San Rafael Municipal Code:
“Supplies, materials, equipment, and services that can only be obtained from a sole source or that are specialty in nature. If limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or other valid reasons for waiving competition appear, then purchases may be made without recourse to the competitive bidding provisions of this chapter. Approval of waiver of competitive bidding shall be given by the same level of authority as set forth in the section for award authority.” The following pumps and motors need to be replaced:

Storm Water Pump Station Schedule Cost
Kerner Pump Station- Replace #2 Pump and
Motor
12-16 Weeks $314,492.05
Canal Pump Station- Replace #3 Pump and
Motor
12-16 Weeks $338,549.89
Total $653,042.94
10% Contingency $66,957.06
Total With Contingency $720,000
Kerner Pump Station: The #2 pump at Kerner Pump Station was rebuilt last year, but during winter storms, it ingested a piece of debris that caused catastrophic damage. The pump now needs total replacement. It is recommended that it is replaced with a Cascade pump that meets or exceeds current pumping requirements. It is also recommended that the motor be replaced with a US Motor due to its age and compatibility with the new pump. The recommended Cascade pump and US Motor can be seen in the estimate provided by Pump Repair Service Company (Attachment 1).

Canal Pump Station: The #3 pump at the Canal Pump Station had a catastrophic failure this past winter. This was primarily due to the age of the pump, which has been rebuilt many times since its installation. It is recommended that it is replaced with a new Cascade pump that meets SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
or exceeds current pumping requirements. It is also recommended that the motor be replaced with a US Motor at the same time due to its age and compatibility with the new pump. The recommended Cascade pump and US Motor can be seen in the estimate provided by Pump Repair Service Company (Attachment 2).

The recommendation to purchase the Cascade pump and US Motor manufactured motor for the replacement work at both pump stations is based on the staff’s thorough research regarding the most appropriate equipment needed for the pump station replacement, which determined that:

1. Both the Cascade pump and US Motor are required because the specialized nature, quality, and unique suitability of the equipment meets the City’s needs.

2. Both manufacturers maintain a reputation for specialization, quality, and durability and are uniquely suited to assist with standardizing pumps and motors at City stormwater pump stations.

3. Based on the above determinations and as such, waiver of the City’s competitive bidding procedures is appropriate per section 2.55.100C of the San Rafael Municipal Code.

Both the Cascade pumps and US Motors are manufactured in the USA and include warranties.

FISCAL IMPACT:

The recommendation would result in expenditures totaling an amount not to exceed $720,000.

The FY 2024-25 approved budget includes $520,000 in appropriations from Storm Water Fund (#205) to support this project. Staff is requesting an additional $200,000 from the Capital Fund balance (#401) to cover costs associated with the recommended maintenance agreement, as well as an additional $160,000 in supplemental appropriations to cover costs of other minor repairs planned and typical unplanned repairs for this fiscal year. As a result, the total request for additional appropriations from the Capital Fund for stormwater repairs is $360,000.

OPTIONS:

1. Authorize the City Manager to enter into the agreement as recommended and appropriate additional funds from the Capital Fund (401).

2. Direct the City staff to solicit additional bids. This option will take additional time and may significantly impact the functionality of the pump stations for the coming winter season if the pumps are not replaced in time for the winter storm season.

RECOMMENDED ACTION:

1. Authorize the City Manager to waive competitive bidding and enter into a maintenance agreement with Pump Repair Service Company to repair two stormwater pumps in an amount not to exceed $720,000.

ATTACHMENTS:

1. Pump Repair Service Estimate, Kerner Pump Station, Pump #2

2. Pump Repair Service Estimate, 400 Canal Pump Station, Pump #3 ~~~~ PUMP REPAIR SERVICE CO.
c:::c,
August 5, 2024
City of San Rafael
111 Morphew Street
San Rafael, CA 94915-1560
Attn: Ryan Montes
SUBJECT: KERNER PUMP STATION PUMP #2
CASCADE 42AP PROPELLER PUMP
Dear Ryan,
We are pleased to provide you with an updated pricing on the following pumping equipment.

Design Conditions: 31,000 GPM@ 18' TDH
1 - Cascade 42AP axial flow 1 stage,
36" diameter above base planend discharge, oil lubrication 580 RPM, 15 feet base to bell
propeller pump, coat tar epoxy
coating per original s/n 5776 ... .. ........... ..... ...... ........ ........ .. ... ...... .. ..... .......... ...... $157,031.00 1 - US 200 HP, 600 RPM, 460 volt, 3 phase, WP-1
Enclosure, NRR, 120 volts space heater,
Inverter duty premium efficiency motor .. ...... .............. ........................................... 84, 152.00 Misc. hardware ... .. ... .... ... .. ... .. ............. ....... .. ...... ............................ ... ..... .. .................. 250.00 Materials ..... ... ... ...... ... ............. .... .. ..................... ..... .... ... ........ .. ........ ..... ...... ... .... . 241,433.00 Factory freight (estimated) ... .. ............................ ... .. ..................... ......................... 15,000.00 Sales tax 9 1/4°/o .. ... .... ... ..... .... .. ....... .................. .... .. .. .. ... .. ....... ... ..... .... ..... .. ... .. ..... 23,720.05 Shop labor to disassemble and inspect
Old pump ................. ..... ....... ................ .. ..... ... ......... ... .. .. ......... .. .. ....... .. .. ................. 5,220.00 Estimated field labor to remove and reinstall ..... ... ................... ............................... 6,960.00 Estimated electrical labor and materials
To replace existing conduit and wires
From the control panel to new motor if
Needed ... ..... .................................. .... ... ......... ....................... ..... ............. ................ 6,000.00 Crane Truck/service truck/flatbed ..... ......................... .................. ........ ...... ... ....... ... 7,000.00 Performance Bond ......................... ... .. ..... .. ................ ... ... ..... ...... ............................ 9.160.00 Total ................................................................................................................. $314,493.05 Delivery ................................ .. .. .... .. ....... ... .......... ................... .... .. ...... ..... .. ... 40 to 42 Weeks If you have any questions on the above, please give me a call.

Sincerely,
~~ WA/dm
Waynea-24/City of San Rafael Kerner Pump StatioES~Alf21!~ 1941 PO BOX 34327 SAN FRANCISCO, CA 94134-0327 415.467.2150 FAX 415.467.7442 www.pumprepairservice.com
AugustsEW~ PLJMP REPAIR SERVICE CQ,
City of San Rafael
111 Morphew Street
San Rafael, CA 94915-1560
Attn: Ryan Montes
SUBJECT: 400 CANAL PUMP STATION PUMP #3
Dear Ryan,
We are pleased to provide you with updated pricing on the following pumping equipment.

Design Conditions: 31,000 GPM@ 18' TDH
1 - Cascade 36AF 1 stage axial
flow propeller pump 416 SS
bowl shaft, 36" plain end below
plate discharge, balance propeller,
oil tubes, epoxy coated .. ..................................... .................................. $1 77,393.00 1 - US 200 HP, 600 RPM, 460 volts,
3 phase, WP-1 enclosure, NRR,
120 volts space heaters, inverter
duty, premium efficiency motor .............................................. .... ............... 84,152.00 1 - 36" Dresser coupling epoxy coated ... ..................... .................................................. 2,970.00 Misc. hardware ................................ ............... ...................... ..................................... 500.00 Materials .......................................... ............................. ........ .............................. 265,015.00 Freight estimated ............... ...................... ............................................................. 12,000.00 Sales tax 9 ¼% ..................................................... ........ ........................................ 25,623.89 Shop labor to disassemble and inspect
the existing pump ...... .............................. ...... ................................ ....................... .. 7,250.00 Estimated field labor to remove and reinstall .. ...................................................... .. 5,800.00 Estimated electrical labor and materials to replace
Existing conduit and wires from control panel to new motor if needed .................. .. 6,000.00 Crane truck/seNice truck/flatbed ............. ............................. ................................ .. 7,000.00 Performance Bond ................................................ ......................... ....................... .. 9,861 .00 Total ................................................................................................................. $338,549.89 Delivery ..................... ........ ......... .......................................................................... 30 Weeks If you have any questions on the above, please give me a call.

Sincerely,
/Ml~
Wav~ Archer
Waynea-24/City of San Rafael 400 Canal 080124 ESTABLISHED 1941 PO BOX 34327 SAN FRANCISCO, CA 94134-0327 415.467.2150 FAX 415.467.7442 www.pumprepairservice.com
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition
Agenda Item No: 4.k
Meeting Date: September 3, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Jonathan Schellin, Deputy
Director
City Manager Approval: _________
TOPIC: CITYWIDE SAFETY ELECTRICAL SERVICES CONTRACT AWARD SUBJECT: AWARD OF CITYWIDE SAFETY ELECTRICAL SERVICES AGREEMENT TO DC

ELECTRIC AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT, FOR UP TO FIVE (5) YEARS FOR SERVICES IN THE TOTAL NOT-TO-EXCEED AMOUNT OF $550,000 PER FISCAL YEAR.

RECOMMENDATION:

Award of Citywide Safety Electrical Services agreement to DC Electric and authorize the City Manager to negotiate and enter into an agreement, for up to five (5) years for services in the total not-to-exceed amount of $550,000 per fiscal year.

BACKGROUND:

The City of San Rafael has nearly 100 signalized intersections that require regular maintenance and repairs by technically certified technicians. This work includes monthly, quarterly, and annual preventative maintenance service, repairs and equipment replacement when needed, remote digital servicing, and 24/7 emergency response when a traffic signal becomes inoperable. DC Electric has been the City’s contractor for these services for several years and has been an excellent partner in performing these vital services. DC Electric is also the primary contractor for these services for nearby jurisdictions, including the County of Marin. Requirements for this service include special certification as a Signal Maintenance Technician, the ability to respond to calls within 30-60 minutes (depending on the time of day), and access to specialized tools and equipment that the City does not have. Since 2021, the cost of these services has continued to increase, nearing $300,000 last year alone. Major factors driving this cost increase include aging equipment needing more maintenance and replacement, increased technological complexity with controller systems, and the City’s necessary implementation of battery backup systems (BBS) for traffic lights to ensure power supply during power outages.

The City of San Rafael is also responsible for over 4,500 street and pathway lights. The routine maintenance and inspection of these lights are covered under the Street Light Maintenance and Repair Services Agreement through the Marin General Services Authority (MGSA) agreement authorized in SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
2020 and in effect through June 30, 2027. While this agreement covers the routine maintenance of the City’s lights, it does not cover other streetlight-related work such as emergency response, knockdown repair, and replacement work. Over the past three years, the City has averaged $85,000 in work per year, which is not covered by the MGSA agreement. This category of work is highly variable as it’s impossible to predict how often a car might hit and damage a streetlight. The City has experienced several months of no collisions, followed by multiple collisions in a single month. The cost of each knockdown can range from a couple of thousand dollars up to $60,000-$70,000 per incident, depending on the equipment that’s damaged. It’s important to note that while these costs are deducted from the Public Works budget, the City often seeks reimbursement from the party that caused the property damage. Still, these costs need to be included in contract authorization and budget appropriations.

Additionally, the City often receives utility location and marking requests, otherwise known as USA (Underground Service Alerts), as part of the State’s “Call Before You Dig” service. This service is governed by California Government Code Section 4216, which requires agencies with underground installations, such as power lines, to respond within two working days to any requests submitted to the regional service. The City received over 3,600 requests last year and has averaged over 3,000 requests per year for the last three years. Most requests are investigated and responded to by a staff member in the Public Works Department. Requests requiring more complex investigation or marking are contracted out to DC Electric for their expertise and wider knowledge of the subsurface installations in our region.

As the City continues to receive a growing number of requests, including an increase of over 25% since 2021, the demand for staff time has exceeded capacity. Therefore, the City has needed to contract out a growing number of these requests. The portion of tickets contracted out over the past two years has averaged over $50,000 annually. If a jurisdiction does not respond to a USA ticket, it is liable for any damage to subsurface installations because of excavation at that site, along with civil penalties ranging from $10,000 up to $100,000, depending on the incident.

When combined, the traffic light, streetlight, and utility location and marking services total over $425,000 annually. In addition to these services, the City needs more Battery Back-up Systems (BBS) installations and remote software management services to improve our traffic signal reliability and extend the useful life of the installations. This is estimated to cost $75,000 per year, bringing the current total cost to approximately $500,000.

ANALYSIS:

Per the San Rafael Municipal Code 11.50, the Public Works Department issued a Request for Proposal (RFP) on July 8, 2024, with advertisements online and in the Marin Independent Journal. Three contractors expressed interest, and the City received two fully responsive proposals by the July 22, 2024, RFP deadline. Proposals were evaluated according to the City’s competitive bidding process by a committee of engineering, operations, and administrative staff, as well as the requirements stated in the RFP.

After carefully reviewing each proposal, staff determined DC Electric was the lowest responsive and responsible bidder. Staff proposes to award a service agreement in the annual not-to-exceed amount of $550,000 per fiscal year, for an initial term of 3 years, with the option to extend two times, for one year each. The $550,000 amount is estimated to cover the three categories of service included in the RFP when projected out to the final year of the potential five-year term of the contract. DC Electric has gained deep institutional knowledge of the City’s safety traffic signal and lighting systems and securing them for up to five years benefits the City with long-term reliability on these vital electrical systems.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:

Funding for Public Works services under this contract will come from multiple funds as determined by the type and location of work. The funding sources are the following:
- General Fund for citywide work for streetlights (001-44-33001-9232) - Gas Tax Fund for traffic signal routine maintenance (206-44-33002-9231) - Gas Tax Fund for traffic signal non-routine repairs and USA marking (206-44-3302-9270) - Recreation Revolving Fund for lighting related to Community Services operations (222-66-42001- 9222)
- Parking Services Fund for lighting related to Parking Services operations (501-14-52155-9222) - When appropriate, various assessment district funds will be used if the work is in support of obligations for those districts.

Work planned under the proposed agreement for FY 2024-25 is within current budgeted amounts, and no additional appropriations are required for FY 2024-25. The FY 2024-25 adopted budget was approved on June 17, 2024. Appropriation recommendations beyond FY 2024-25 will be included in the regular budgeting process each fiscal year.

OPTIONS:

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

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

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

RECOMMENDED ACTION:

Award of Citywide Safety Electrical Services agreement to DC Electric and authorize the City Manager to negotiate and enter into an agreement for up to five (5) years for services in the total not-to-exceed amount of $550,000 per fiscal year.

ATTACHMENTS:

1. Draft Services Agreement
Citywide Safety Electrical Services Public Works Contract

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Approved by City Attorney, dated 03/28/2022

CITY OF SAN RAFAEL
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
Public Works Contract
This public works contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and DC Electric Group, Inc. (“Contractor”), a California corporation, for work on the City’s Citywide Safety Electrical Services Project (“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 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. This Project requires a valid California contractor’s license for the following classification(s): C-10, C-31, C61/D31

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

2.1 Notice Inviting Bids;

2.2 Contract;

2.3 Addenda, if any;

2.4 Exhibit A – Scope of Work;

2.5 Exhibit B – Payment, Performance, and Bid Bonds;

2.6 Exhibit C – Noncollusion Declaration;

2.7 Exhibit D – Bid Schedule;

2.8 Exhibit E – Subcontractor List.

3. Annual Not-to-Exceed Contract Amount. 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 $550,000 per year (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 the payment provisions contained herein.

3.1 Annual Rate Increases. Contractor shall not increase its rates throughout the Term of this Contract, except that Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%).

3.2 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor.

Citywide Safety Electrical Services Public Works Contract

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Approved by City Attorney, dated 03/28/2022

3.3 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor’s expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.

4. Term. The term of this Contract shall be for three (3) years from the Effective Date. At the City’s election, the Contract may be extended two times, each for a period not to exceed one (1) year.

5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $0 per day for each day of unexcused delay in completion.

6. 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.

7. 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 and a City business license.

8. 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, attorney 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 of 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. City will notify Contractor of any third-party claim pursuant to Public Contract Code section 9201.

9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section 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.

9.1 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.

9.2 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 Citywide Safety Electrical Services Public Works Contract

Page 3 ends

Approved by City Attorney, dated 03/28/2022
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.

9.3 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.

9.4 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.

9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements:
(1) 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.
(2) 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.
(3) 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”). (4) 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.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.

10. 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.

10.1 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.

10.2 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 Citywide Safety Electrical Services Public Works Contract

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Approved by City Attorney, dated 03/28/2022
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City.

10.3 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.

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

10.5 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 public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000.

11. 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.”

12. Termination.

12.1 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.

12.2 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.

13. 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.

Citywide Safety Electrical Services Public Works Contract

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Approved by City Attorney, dated 03/28/2022

14. 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.

15. 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.

16. Worksite Conditions.

16.1 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 the Contractor must remove and properly dispose of debris and waste materials from the Work site.

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

16.3 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.

16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.

17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary.

18. 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.

19. 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.

20. 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.

Citywide Safety Electrical Services Public Works Contract

Page 6 ends

Approved by City Attorney, dated 03/28/2022

21. 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.

22. 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:

City:

Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: 415-485-5063
Attn: Joanna Kwok, Assistant Director of Public Works
Email: [email protected]
Contractor:

Name: DC Electric Group, Inc.

Address: P.O. Box 7525; 605 W. Sierra Ave
City/State/Zip: Cotati, CA 94931
Phone: 707-992-0141
Attn: Tim Carter
Email: [email protected]

23. General Provisions.

23.1 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.

23.2 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.

23.3 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.

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

23.5 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.

23.6 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.

Citywide Safety Electrical Services Public Works Contract

Page 7 ends

Approved by City Attorney, dated 03/28/2022

23.7 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.

23.8 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.
[Signatures are on the following page.]
Citywide Safety Electrical Services Public Works Contract

Page 8 ends

Approved by City Attorney, dated 03/28/2022
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 Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
LINDSAY LARA, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s) Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List

END OF CONTRACT
Citywide Safety Electrical Services Public Works Contract Scope of Work
Approved by City Attorney, dated 03/28/2022
Exhibit A

SCOPE OF WORK
General Info
Total:

Number
Citywide Safety Electrical Service -
Traffic and Street Lighting
Deadline
07/22/2024 11:00 AM PDT
Vendor
DC Electric Group, Inc.

Submitted
07/22/2024 10:48 AM PDT
Signed by
Timothy Carter Account Holder
Timothy Carter
Opened
07/23/2024 10:41 AM PDT By
[email protected]
Description
The City of San Rafael (City) hereby requests proposals for Safety Electrical Services for traffic and street lights. It is the intent of the City to hire a fullylicensed contractor. The City requires that the Contractor provide monthly, quarterly, semi-annual, and annual maintenance on all signals, flashing beacons, and other related safety lighting as listed below. Maintenance includes emergency, routine, USA Locate & Mark services, and preventative work.

Proposals shall be submitted by businesses that have a capable and demonstrable performance in the type of work described in this Request for Proposals document, including all Attachments (hereafter together referred to as the “RFP”). In addition, all interested businesses shall have sufficient, readily available resources, in the form of trained personnel, support services and financial resources to carry out the work without delay or shortcomings. The Contractor will be required to perform and complete electrical services janitorial services by providing all labor, tools, transportation, equipment, materials, and supplies necessary to complete all work.

Work must be completed in a professional, thorough and timely manner, in accordance with the standards and specifications as contained in this RFP or stated by the City Representative. The term of the initial contract will be two years.

At the City’s discretion, the contract can be extended twice for a period not to exceed one (1) year each time upon proper authorization by the Parties.

Subsequent year’s rate increases are limited to a maximum of five percent (5%) per year. Interested businesses are invited to submit proposals in accordance with the requirements of this RFP summarized in Section 6.

Electronic submittals must be completed using the Bid Express platform containing this solicitation. Information including the project documents and a how-to guide for first time Bid Express users can be found on the San Rafael Bid Express home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents, and Bid Express may charge a fee to submit you proposal.

Allows zero unit prices and labor
Yes
Allows negative unit prices and labor
Yes

Page 1 of 6 ends

Exhibit A
Attachment List
RFP Safety Electrical Services Citywide 2024.docx (88.6 KB) Attachment A - Citywide Safety Electrical SOW.pdf (288 KB) Attachment B - RFP Electrical Services Bid Schedule.pdf (229 KB) Attachment C - Formal Construction Agreement Template.docx (252 KB) RFP Citywide Electrical Pre Bid Meeting Q&A.docx (32.3 KB)

Page 2 of 6 ends

BID SCHEDULE - DIRECTIONS
The monthly cost or unit cost for each item must be inclusive of all labor costs, whether direct or indirect, transportation, profit and any other overhead. A pre-bid meeting will be held virtually, attendance is optional. All questions presented during the meeting will be posted and answered on Bid Express platform.

The City will retain submitted bids for the duration of this service to build a list of available vendors should the City need to secure a new contractor. All submitted bid pricing shall be good for up to one year from the date of bid closing. Subsequent year’s rate increases are limited to a maximum of five percent (5%) per year. Selection and award of contract is for a not-to-exceed (NTE) amount, and does not guarentee the amount stated in the contract will be met during the term of the contract.

Bid is awarded based on who is the lowest, responsive and responsible bidder. In determining the lowest responsive and responsible bidder, the following shall be taken into consideration:

1. The quality, suitability and efficiency of the supplies, materials, equipment or services;

2. The total or life cycle cost of the supplies, materials, equipment or services;

3. The delivery, discount terms, and all other conditions submitted in the bid;

4. The reputation of the supplies, materials, equipment, the service reputation of the bidder, and all other information and data required to prove the responsibility of the supplier.

Page 3 of 6 ends

BID SCHEDULE
$8,165.00
Bid
Item
No.

Item Description Quantity Unit Optional Unit
Cost
Monthly
Total
Annual
Total Extension
(Hidden Banner) Component is not included in bid total.

Alternates are not included in bid total.
1 Signalized Intersection 94.00 Ea/
Month No $78.00 $7332 $87984 $7,332.00
2 RRFB 6.00 Ea/
Month No $39.00 $234.00 $2808.00 $234.00
3 Signal Maintenance
Technician (straight time) 1.00 Hour No $130.00 130 130 $130.00 4 Signal Maintenance
Technician (over time) 1.00 Hour No $180.00 180 180 $180.00 5 Signal Maintenance
Technician (double time) 1.00 Hour No $220.00 220 220 $220.00 6 Bucket Truck 1.00 Hour No $34.00 34 34 $34.00
7 Percent Markup on Materials 1.00 % No $15.00 15 15 $15.00 8 USA Ticket Discount 1.00 % Yes $20.00 20 20 $20.00
Total: $8,165.00

Page 4 of 6 ends

Required Document List
Name Omission Terms Submitted File
Cover Letter
Includes name, address, point of contract and
phone number on the first page. Any qualifying
statements regarding the proposal, contractor's
approach to the work, summary of licenses/
certifications, qualifications, subcontractors, and
references per RFP.

Proposal for Citywide Safety
Electrical Services - 7-22-24
(DC Electric Group Inc.).pdf
List of Key Personnel
Includes name, position, applicable licenses,
experience at position, employer, dates of
employment), the assigned POC(s), and include
list of equipment available for use under the
Contract
Proposal for Citywide Safety
Electrical Services - 7-22-24
(DC Electric Group Inc.).pdf
2 Required Documents

Page 5 of 6 ends

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the *
Regional Vice President
of: *
DC Electric Group, Inc.
the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
[date], *
07/22/2024
[city] *
Cotati
[state] *
California
✓ I agree that my digital or electronic signature applies to this form
*
Name *
Timothy Carter

Page 6 of 6 ends

Page 1 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Exceeding Industry Expectations
City of San Rafael
Proposal for
Citywide Safety Electrical Services
Due by July 22, 2024, by 11:00 AM

Page 2 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Exceeding Industry Expectations
July 22, 2024
City of San Rafael
Department of Public Works
Attn: Jonathan Schellin
111 Morphew St
San Rafael, CA 94901
RE: Request for Proposals (RFP) for Citywide Safety Electrical Services Mr. Schellin,
We are pleased to provide this Proposal for Citywide Safet Electrical Services for the City of San Rafael.

DC Electric Group, Inc. (“DC Electric”) is a local North Bay-based California corporation specializing in municipal electrical and lighting contracting with a core focus on traffic signal and streetlight maintenance and related services for all Marin County agencies. We are licensed and bonded in the State of California (DIR# 1000003395 & CA License #949934), and hold Class A (General Engineering), Class B (General Building), C-10 (Electrical), C-31 (Traffic Control), C-61/D-31 (Pole Installation & Maintenance) contractor’s licenses. Our highly experienced office and field staff are locally recognized as experts in the street lighting and traffic signal industry. Our local operations facilities in Cotati and Novato are ideally located to provide the City with rapid response times. With our many years of local municipal experience, our dedication to customer satisfaction, and our in-depth firsthand knowledge of the electrical infrastructure within San Rafael, we are confident we can provide exemplary service and quality craftsmanship to the City.

Please contact Tim Carter with questions:

Contact: Tim Carter, Regional Vice President
Corporate Headquarters & Yard: 605 W. Sierra Ave, Cotati CA 94931 Marin County Yard: 8121 Binford Rd, Novato, CA 94945
Mailing Address: P.O. Box 7525, Cotati, CA 94931
Office Phone (24/7/365 Emergency #): (707) 992-0141
Office Fax: (888) 525-8419
Email Address: [email protected]
Tax ID #: 46-3612010
DC Electric has reviewed the requirements of the RFP documents including the insurance requirements and has conducted the necessary due diligence required to submit this proposal. In general, we do not anticipate using any subcontractors for this routine maintenance work. Please feel free to contact any of our references listed below. Thank you for considering DC Electric as the best partner for Citywide Safety Electrical Services.

Respectfully,
Tim Carter, Regional Vice President

Page 3 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Table of Contents
A. Mission Statement
B. Approach to the Work
C. Qualifications: Staffing, Team Experience and Understanding of Requested Services and Objectives.

D. Client References
E. Resumes
F. Acknowledgement of City’s Agreement and Insurance Requirements G. Attachments:

1.) Contractor’s License

2.) Corporate W9

3.) Business License (City of San Rafael)

4.) Insurance Certificate

Page 4 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Exceeding Industry Expectations
A. MISSION STATEMENT
In a world where indifference and insincerity have become the status quo, individual needs have been forgotten and the customer reduced to a mere number, it is DC Electric Group, Inc.’s focus to restore the spirit of exceptional service by establishing personal accountability for our customers’ experience and satisfaction during the course of business. Our customers count on our dependability, our drive, and our integrity. In this capacity, we hold a responsibility to nurture, retain and maintain the customer confidence that is necessary to our existence. It is our Mission to deliver high-quality, cost-effective Traffic Signal and Streetlight services, on schedule, by employing and supporting a motivated, flexible, and focused team. We value the importance of our relationships and will continue to remain fair and true in our dealings with all employees, customers and vendors.

We take great pride in our accomplishments and continue to build on them every day.

Page 5 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

B. APPROACH TO THE WORK
DC Electric’s core business is Traffic Signal and Streetlight maintenance services. DC Electric currently performs traffic signal maintenance, streetlight maintenance, and electrical safety services like those requested for approximately thirty (30) agencies throughout the Bay Area. DC Electric is currently responsible for the ongoing maintenance of approximately six hundred (600) signalized intersections and twenty thousand (20,000) streetlights, including all signals, streetlights, flashing crosswalks, RRFBs, flashing beacons, and radar speed feedback signs in the City of San Rafael and surrounding Marin County agencies. DC Electric is also the current streetlight maintenance provider under contract with the Marin General Services Authority (MGSA). In addition to routine maintenance and repairs, we have staff on-call 24/7/365 to respond to emergency response for all our customers. The most important criterion that sets DC Electric apart is our primary focus on maintenance and operations. Our traffic signal and streetlight maintenance services are not simply a division of a larger construction or manufacturing operation. We often operate as an extension of City staff and perform inspection services on new signals, assist in the design and planning of new infrastructure projects, locate and mark existing infrastructure, and serve as integrators for new equipment installations.

Emergency Response Ability
DC Electric acknowledges the City’s requirement for a thirty (30) minute emergency response time on weekdays (7:00 AM to 5:00 PM) and sixty (60) minute response time on weekday evenings (5:00 PM to 7:00 AM), weekends, and holidays. We have technicians throughout Marin County Monday through Friday, and we are fully committed to responding immediately to these emergencies.

Commitment to Managing City’s Network & ATMS
DC Electric worked with City IT department to update traffic signal network IP scheme for scalability.

We configured and deployed network switches utilizing fiber optics, ethernet over copper and broadband radios to connect more than 60 intersections and modernize the City’s ITS system. DC Electric currently helps monitor and maintain the City’s network and ATMS system as the primary users of the system.

Engineering & Testing:

DC Electric has longstanding relationships with virtually all local Traffic Engineering firms, with the ability to contract with and/or assist with development, modification, and implementation of any signal project, including evaluating/testing signal timing and coordination plans. Our traffic labs allow for cabinet/controller testing for our customers.

Facilities & Inventory
DC Electric maintains offices, warehouse space and operation yards in Cotati, CA, Novato, CA and Pacheco, CA. Our facilities house the necessary materials for the maintenance and repair of traffic signal and streetlight infrastructure including signal hardware, LEDs, cabinets, components, poles, fixtures, photocells, fuses, pull-boxes, wire, and other miscellaneous traffic signal and streetlight materials. The appropriate spare inventory necessary for the proper operations of the City infrastructure will be maintained. We continually monitor as material is used and maintain adequate inventory levels.

Equipment:

DC Electric has access to all of the necessary equipment to properly maintain the traffic signal and streetlight infrastructure for the City. All of our field technicians use Altec AT235 or Altec 37G aerial lift “bucket trucks.” DC Electric staff have more than 20 years of experience working directly with Altec to support our fleet operations. In addition to the standard bucket trucks, DC Electric has all material handling, aerial crane, service body, and traffic control equipment at our disposal for any need that should arise. If necessary, we also have the ability to contract for 24/7/365 emergency crane services allowing us operational flexibility and access to a wide variety of crane assets at a moment’s notice.

Page 6 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Complete List of Services:

In addition to the services being requested DC Electric provides a wide variety of traffic signal, streetlight, and related electrical services to municipal agencies in the following areas:

Transportation
• Complete traffic signal installations, modifications, repairs & maintenance • Video system installation and repair – CCTV & video detection • Fiber Optic cabling installation, splicing, troubleshooting and repair • Network switch configuration, installation and troubleshooting • ITS system operation and maintenance
• Emergency Vehicle Pre-emption
• Battery Back-up Systems (BBS)
• Radar Speed Feedback Signs
• Audible Pedestrian Signals (APS)
• Integrated Corridor Mobility Equipment
• Microwave Vehicle Detection Station
• ADA pedestrian upgrades
• Underground utility installation & repair
• Utility locating and marking
• Lighted x-walk installation and repair
• After hours and emergency response
• Live Electronic Records Management System
Street Lighting & General Services
• Street lighting – Installations, repair & maintenance – Parallel and series systems • Parks lighting and ball field lighting
• Building electrical – (interior and exterior) Installations, repair & maintenance • Parking lot lighting
• Holiday and decorative lighting & banner installations • Fountain, pool & spa electrical
• Electrical control work – energy management systems, time clock & photo control • After hours and emergency response
Lighting & Energy Efficiency Services
• Audits
• Upgrades – LED & Induction Lighting
• Electric vehicle charging stations
• Smart parking meters
• Energy management system installation & repair
Heavy Electrical Services
• Generator installation, maintenance, and repairs
• Storm water pump and sanitary lift station maintenance, and repairs

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City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

C. QUALIFCATIONS: STAFFING, TEAM EXPERIENCE, AND
UNDERSTANDING OF REQUESTED SERVICES AND OBJECTIVES.

Since traffic signal maintenance and emergency repair work is a service, a key qualification when contracting for these services is the quality and experience of the management and field staff. The employees at DC Electric have successfully maintained hundreds of signalized intersections and thousands of streetlights, and have managed, designed, and/or constructed many tens of millions of dollars’ worth of community-based traffic signal and streetlight projects. We have earned a strong reputation for consistent and creative problem solving through a solid technical base and exemplary work performance. We have demonstrated our capability in providing exceptional workmanship, flexibility in the field, and the ability to make decisions and act independently while providing field support services.

We also focus on maintaining up to date training and knowledge of industry standards, specifications, applicable certifications, and continued education to continue to serve our clients in the future. We are 100% customer focused and driven to provide the highest quality services to satisfy our customers’ needs.

With more than 15 field technicians dedicated to maintenance and installation operations, along with a robust administrative team, DC Electric is well staffed to support the City’s needs. Below are the proposed key management for the City of San Rafael’s Citywide Safety Electrical Services.

Experience of Key Management Staff
DC Electric’s Key Management Team members have a combined 100+ years of direct involvement in the traffic signal and streetlight maintenance industry in the Bay Area, including the City of San Rafael. Our Key Management Team members are listed below.
• Dave D’Elicio, DC Electric’s CEO, has 20+ years of experience in traffic signal and street light maintenance and construction throughout the Bay Area. He holds a Class “A” General Engineering and Class “C10” Electrical Contractors license. Dave has been with DC Electric since its inception in 2011.
• Jeff Asch, DC Electric’s COO, has 20+ years’ experience in streetlight and traffic signal maintenance and holds a Class “B” General Building, Class “C10” Electrical, Class “C31” Construction Zone Traffic Control, and Class “C61/D31” Pole Installation & Maintenance contractors’ licenses. Jeff has been with DC Electric since 2015. • Tim Carter serves as Regional Vice President and has over 20 years of experience managing traffic signal construction and maintenance projects throughout Northern CA. Tim is an expert at Estimating and proposal writing, Bid preparation, Contract Review/Execution, Purchasing, Subcontracting, Scheduling, Traffic Control Plans, Obtaining Permits, Job tracking and reporting, and Billing review. Tim has been with DC Electric Group since 2012. • Justin Calkins serves as our ITS Project Manager and has 20+ years of experience in the traffic signal industry working for local agencies, equipment manufacturers, suppliers, and contractors.

He specializes in the design, implementation and operation of ITS devices and services including ATMS, SPM and networking systems. Justin has been with DC Electric since 2018. • John Abraham serves as Regional Manager and was Contra Costa County’s traffic signal and streetlight maintenance division for more than 20 years, maintaining over 750 signalized intersections for 11 different agencies. John has been with DC Electric since 2016 and manages our East Bay office in Pacheco, CA.

Please see Section E: Resumes for a complete list of Key Management Team members’ qualifications.

Page 8 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Experience of Key Field Staff
A successful traffic signal maintenance program is dependent on the quality of the technical staff in the field. In addition to the key management team members, DC Electric has highly skilled field technicians.

DC Electric is an IBEW signatory Union contractor. All of our field technicians have received extensive general electrical training, as well as years of on-the-job training in traffic signal and streetlight maintenance and operations. Our field technicians have International Municipal Signal Association (IMSA) Certifications in Work Zone Safety, Traffic Signal Level I, Traffic Signal Level II, and Traffic Signal Level III. Our team currently maintains more than 22,000 streetlights and 550 signalized intersections for more than 30 different municipal agencies.

It is this level of training and experience that enable DC Electric staff to quickly assess problems in the field, make necessary repairs with a minimum of time and cost, and make decisions independently in the field. Our technical staff know how to perform the work, can perform it safely, and understand their responsibility to public safety and to satisfying constituent and customer needs.

DC Electric has reviewed the applicable prevailing wage classifications for this project, and will comply with all prevailing wage requirements, as well as all federal, state, and local wage and labor laws, OSHA requirements, and appropriate safety measures. DC Electric is registered with the California Department of Industrial Relations, DIR#1000003395.

Please see Section E: Resumes of selected DC Electric Field Staff members assigned to the City.

D. CLIENT REFERENCES
Customer Satisfaction & References:

In order to succeed as a traffic signal and streetlight maintenance company, not only do we have to be experts in traffic signal and streetlight maintenance, but we must also satisfy our customers. From our perspective, successfully completing large construction projects is easy relative to achieving total customer satisfaction year-after-year while performing thousands of routine maintenance tasks for dozens of agencies. It is our mission to provide exceptional service and 100% customer satisfaction. In the traffic signal and streetlight maintenance industry, there is no better way to judge the quality of a maintenance service provider than by asking their customers. For traffic signal and streetlight maintenance, emergency response, and repairs where public safety is at issue and the reputation of a municipality is at stake, it is absolutely critical that the City be 100% satisfied with the quality, timeliness, expertise, and level of service provided by your maintenance contractor.

This is why DC Electric holds customer satisfaction as the single most important measure of our success.

In addition to DC Electric’s staff regularly checking with all of our customers to ensure they are satisfied; we also engage a 3rd party consultant to periodically contact our customers and provide feedback regarding their experience. We are pleased to say that based on the results of our 3rd party interviewing; DC Electric is proud to continually achieve 100% customer satisfaction. DC Electric feels so strongly about customer satisfaction that we have provided reference information below for every agency we perform streetlight or traffic signal maintenance services. It is easy for a contractor to hand pick 3 positive references. It is much more difficult to have confidence that every agency we support can act as a positive reference. We encourage you to contact any of them for information about our technical expertise, customer service, and company qualifications.

Page 9 of 22 ends

City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Customer Reference List
Agency Contact Contact #: Email
City of Benicia Ted Corder 707-580-5888 [email protected] City of Berkeley Tom Salkowitz 510-517-3361 [email protected] City of Cloverdale Derrick Montanye 707-894-1728 [email protected] City of Concord Virenda Patel 925-671-3129 [email protected] City of Cotati Craig Scott 707-665-3620 [email protected] City of Emeryville Ryan O’Connell 510-596-4346 [email protected] City of Healdsburg Jarrod Dericco 707-799-2623 [email protected] City of Lafayette Mike Moran 925-935-1238 [email protected] City of Larkspur Bob Quinn 707-246-2152 [email protected] City of Livermore Jason Calkins 925-960-8042 [email protected] City of Mill Valley Andrew Poster 415-384-4848 [email protected] City of Novato Petr Skala 415-899-8237 [email protected] City of Oakley Billilee Saengchalern 925-625-7154 [email protected] City of Orinda Kevin McCourt 925-253-4251 [email protected] City of Petaluma Jeff Stutsman 707-776-3673 [email protected] City of Rohnert Park Tom Kelley 707-304-2880 [email protected] City of San Pablo Daniel Gomez 510-215-3077 [email protected] City of San Rafael Willie Lagleva 415-485-3496 [email protected] City of San Ramon Greg Bender 925-973-2694 [email protected] City of Sausalito Kevin McGowan 415-289-4176 [email protected] City of Sebastopol Dante Del Prete 707-823-5331 [email protected] City of Ukiah Andrew Stricklin 707-463-6297 [email protected] City of Walnut Creek Karlan Larson 925-943-5899 [email protected] Contra Costa County Dave Lavelle 925-383-8982 [email protected] County of Marin Dan Dawson 415-473-6287 [email protected] County of Mendocino Bill Wood 707-234-2823 [email protected] County of Sonoma Joe Pease 707-565-2231 [email protected] GGNRA Nick Geitner (415) 740-4090 [email protected]
The Presidio Trust Petey (Vaega) Ulufatu (415) 850-5657 [email protected] Town of Corte Madera R.J. Suokko 415-927-5120 [email protected] Town of Fairfax Loren Umbertis 415-453-2370 [email protected] Town of Ross Richard Simonitch 415-453-1453 [email protected] Town of San Anselmo Sean Condry 415-258-4676 [email protected] Town of Windsor Tod Ceruti 707-536-3489 [email protected]

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City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

E. RESUMES (Key Personnel)
Timothy Carter, Regional Vice President
• 20 years of local experience in traffic signal and street light maintenance industry. • Bachelor of Arts Degree in Environment al Studies and Planning, Energy Management and Design from Sonoma State University.
• IMSA Certified - Work Zone Safety, Traffic Signal Level I & Level II • 16 years of experience as a Project Manager for traffic signal and street light maintenance and construction management in the North Bay Area Region.

Employment:
• DC Electric Group, Inc. (2012 – Present)
Regional Vice President
• Republic Intelligent Transportation Services, Inc. (2003 – 2012) Project Manager & Service Operations Manager (2003 – 2012) Experience:
• Project Manager, Service Operations Manager, and primary contact person for all public agencies in Marin, Sonoma, Mendocino, Solano, Napa, Alameda, Contra Costa counties for all traffic signal maintenance, streetlight maintenance, and associated construction projects. • Currently responsible for the project management (maintenance, repair and after- hours emergency services) of signal and street light infrastructure for the following local agencies:

Cities of Novato, Petaluma, San Rafael, Mill Valley, Larkspur, Sausalito, Rohnert Park, Cotati, Sebastopol, Benicia, and Ukiah, Counties of Marin and Sonoma, Towns of Corte Madera, San Anselmo, Fairfax, Ross, and Windsor, as well as the Bel Marin Keys and Marinwood Community Services Districts.
• Specific knowledge of the geography and electrical infrastructure in the City of Novato and surrounding areas, including traffic signal and street light maintenance history. • Managed a wide-variety of traffic signal, streetlight, and pedestrian improvement projects with excellent customer service, satisfaction, and safety:
• Expert in the installation and maintenance of Signalized Intersections, Street Lighting, Sport Lighting, Facility Lighting, Vehicle Detection (Video, Loops, Sensys™, etc.), Adaptive Traffic Control Systems, Battery back-up systems, CCTV Cameras, Emergency Vehicle Pre-emption (EVP), Signal interconnect and GPS time-clock installations, RRFBs, Lighted Crosswalks, Flashing Beacons, Radar Feedback Signs, Service Pedestals, Pedestrian (ADA) Upgrades/Improvements, Undergrounding and overhead utility and infrastructure, and Energy Efficiency Upgrades. • Development and execution of traffic signal maintenance contracts and construction projects in the San Francisco Bay Area Region, with a concentration in the North Bay. • Project manage from initial development through project completion including Estimating and proposal writing, Bid preparation, Contract Review/Execution, Purchasing, Subcontracting, Scheduling, Traffic Control Plans, Obtaining Permits, Job tracking and reporting, and Billing review • Responsibility for Training and Safety as well as Fleet Management Tim Carter is the assigned point of contact for this proposal.

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City of San Rafael July 22, 2024
Citywide Safety Electrical Services
DC Electric Group, Inc.

Justin Calkins, ITS Project Manager
• 20+ years of experience in Traffic Signal maintenance, operations, sales and support • IMSA Certified – Workzone Safety, Traffic Signal Field Technician Level III • Consortium for ITS Training and Education (C.I.T.E) – Traffic Engineering and Operations certification
• ITE - Northern California Section board member 2015-2017 Experience:
▪ Traffic Signal Technician - City of Livermore, 9 years ▪ Engineering Technician – Aegis ITS, 2 Years
▪ Technical Sales / Technical Support – Econolite Control Products Inc., 5 Years ▪ ITS Project Manager – DC Electric 2017 - Present
▪ Video detection systems installation, configuration and troubleshooting including Autoscope, Iteris, Miovision, Gridsmart and Trafficon systems.
▪ CCTV installation, configuration, and operation
▪ Fiber optic and Ethernet over copper cabling and network switch configuration, troubleshooting and repair.
▪ Wireless communications equipment installation, configuration and troubleshooting ▪ Installation, modification and repair of NEMA TS-1, TS-2 and 332 cabinets ▪ Controller programming and troubleshooting including McCain 233/2033/Omni, Intelight, Cubic/Trafficware, Econolite, and D4 software platforms. ▪ Central system management and operation including Cubic/Trafficware ATMS.Now, Econolite Centracs and McCain Transparity platforms.
▪ Evaluation and adjustment of signal timings and coordination plans • Implementation, testing, and fine tuning of hardware, software, and signal timings for Transit priority systems.
• Update traffic signal network IP schemes for scalability. • Configure and deploy network switches utilizing fiber optics, ethernet over copper and broadband radios to connect and modernize City’s ITS systems.

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San Rafael City CouncilSeptember 3, 2024

San Rafael City Council
September 3, 2024