Agenda packet — San Rafael City Council, October 7, 2024 (part 4 of 4)

The continued approval of this plan ensures Marin County and all participating jurisdictions’ continued eligibility for project grants under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities Program, and Flood Mitigation Assistance Program. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].

Sincerely,

Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
Enclosure (1)
Marin County Plan Review Tool Amended July 3, 2024
Status of Participating Jurisdictions, dated July 3, 2024 cc: Robyn Fennig, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
Marin County Hazard Mitigation Plan Amendment Notice
July 3, 2024

Page 3 of 3 ends

Status of Participating Jurisdictions as of July 3, 2024 Jurisdictions – Adopted and Approved
# Jurisdiction Adoption Receipt Date
1 Marin County March 22, 2024
2 Town of Corte Madera January 31, 2024
3 City of Sausalito April 22, 2024
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Belvedere
2 Town of Fairfax
3 City of Larkspur
4 City of Mill Valley
5 City of Novato
6 Town of Ross
7 Town of San Anselmo
8 City of San Rafael
9 Town of Tiburon
10 Bolinas Community Public Utility District
11 Las Gallinas Valley Sanitary District
12 North Marin Water District
13 Southern Marin Fire Protection District
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.f
Meeting Date: October 7, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Quinn Gardner, Deputy Director of
Emergency Management
City Manager Approval: ______________
TOPIC: MARIN WILDFIRE PREVENTION AUTHORITY (MWPA) JOINT POWERS AUTHORITY

AGREEMENT
SUBJECT: RESOLUTION APPROVING THE AMENDED MARIN WILDFIRE PREVENTION

AUTHORITY (MWPA) JOINT POWERS AUTHORITY AGREEMENT
RECOMMENDATION:

Adopt a resolution approving the updated, amended, and restated Marin Wildfire Prevention Authority (“MWPA” or “Marin Wildfire”) Joint Exercise of Powers of Authority Agreement (JPA) language.

BACKGROUND:

The MWPA was created when seventeen (17) local Marin agencies with fire prevention responsibilities entered into a joint exercise of powers of authority (JPA) agreement, and Marin County voters adopted a tax measure (Measure C) to fund the agency in March 2020. The JPA covered all of Marin except for Belvedere and Tiburon. The initial agreement provided a solid and efficient structure for the agency’s initial stages. The tax measure has been the primary funding source for implementing the San Rafael Wildfire Prevention and Protection Action Plan, adopted by the San Rafael City Council in August 2020.

ANALYSIS:

During the four years that the agreement has been in use, member agencies and MWPA staff have noted several provisions that would benefit from revision. The amended JPA agreement includes proposed changes developed with input from a working group consisting of Dan Schwarz, Larkspur City Manager and MWPA Operations Committee member; Jason Weber, Marin County Fire Chief; Matthew Hymel, Former County Executive at the County of Marin; Dan Eilerman, Assistant County Executive at the County of Marin; and Mark Brown MWPA Executive Officer in consultation with counsel. In addition, an ad hoc subcommittee of the Marin Wildfire Board of Directors reviewed and offered feedback on the proposed amendments. Following the subcommittee’s review, the amendments were presented to the Marin Managers Association, Marin Wildfire Operations Committee, and the Marin Wildfire Executive Committee.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
On July 18, 2024, the Marin Wildfire Board of Directors approved the amended JPA Agreement.

Attachment 2 to this report contains this document's "redline" version, and Attachment 3 is the "clean" version.

The amended JPA Agreement must be executed by three-fourths of the governing boards of the Marin Wildfire member agencies to take effect. (Amended JPA Agreement § 21).

The amended JPA Agreement’s revisions reflect current practices at Marin Wildfire, such as posting meeting minutes to the website rather than distributing them to each member agency. The amendments also include updates to language related to the passage of Measure C in 2020. The most substantive changes to the amended JPA Agreement are the following:

Section 3. Membership. This section has been amended to include the mechanism for an existing member’s withdrawal from Marin Wildfire and for new agencies to become members. As proposed, the withdrawal and addition of members are explicitly tied to the agency’s role as a “member taxing entity” for a parcel tax measure. Original member agencies that were member taxing entities when the current tax measure (Measure C) was presented to the voters will continue to serve as Marin Wildfire members until the expiration of the current tax measure. Similarly, agencies wishing to join Marin Wildfire may do so only when a tax measure is placed on the ballot to continue funding Marin Wildfire.

The City of Mill Valley provides a useful example of the withdrawal/consolidation of a member agency. In July 2023, the City’s fire service and fire-related taxing authority were annexed to the Southern Marin Fire District. The Marin Wildfire Board of Directors determined that the City of Mill Valley would remain a Marin Wildfire member until the expiration of the current tax measure. As discussed by the Board, the City was a member taxing entity when the tax measure was adopted. Mill Valley residents should continue to be represented by that entity until the tax expires. When a tax renewal measure goes to the voters, Southern Marin Fire District will be the member taxing entity for Mill Valley, and the Mill Valley will no longer be a member of Marin Wildfire.

Tiburon and Belvedere are the only agencies with fire protection responsibility and fire-related taxing authority that may seek to join Marin Wildfire. To become members, like the initial 17 members, they must agree to sign the JPA Agreement, as amended, and to put a tax measure on the ballot to fund Marin Wildfire’s work. As provided in the proposed revisions, the local agency may also be required by the Marin Wildfire Board to pay a “New Member Charge,” which is a one-time pro rata charge for past expenditures and investments of Marin Wildfire that will be of benefit to the new member upon joining Marin Wildfire. This amount can be paid in full or deducted from their allocation of Marin Wildfire’s localspecific wildfire prevention funding for the local agency.

Section 7. Advisory Technical Committee. The Advisory Technical Committee (“ATC”) was included in the original agreement and was specifically required under that agreement to comply with the Ralph M.

Brown Act. However, from discussions with the original JPA Agreement drafters, it appears this requirement was included in the agreement in error. The ATC is made up exclusively of member agency staff tasked with developing projects that their agency and Marin Wildfire staff evaluate. In other words, this is a staff-level working group meant to collaborate across jurisdictions and outline the technical aspects of proposed projects. Having the ATC comply with the Brown Act has proven to be an obstacle to collaboration because discussions among a majority of members must occur only at noticed public meetings.

Given that the ATC is intended to be a collaborative staff-level working group, the proposed amended JPA Agreement eliminates provisions referencing the ATC. By doing so, there will no longer be a formal SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
action of the Board or member agency legislative bodies to establish the ATC, so it will not be bound by the Brown Act. Instead, Marin Wildfire staff will convene the Committee, comprised of the existing member agency representatives/ad hoc representatives, and they will continue to carry out their important project development work.

Once the members of the ATC have developed draft proposals for projects, the existing process for finalizing those projects will remain unchanged under the Amended JPA Agreement. Specifically, the Marin Wildfire Operations Committee will develop budgets for each project and finalize the project proposals to be considered by the Finance Committee, the Executive Committee, and the Board of Directors as part of the Marin Wildfire annual work plan. All three advisory committees, as well as the Board of Directors, will continue to comply with the Brown Act, and the multiple meetings held by these legislative bodies will offer ample opportunity for public engagement in the project planning process.

Section 9 (c) Funding. The original agreement set aside 2% of the 20% of funds for defensible space and fire-resistant structure evaluations to be used for an “abatement fund.” However, local agencies handle their own abatements based on local and state codes, and Marin Wildfire is not able to take on those staff- and resource-intensive efforts. Therefore, as requested by the member agencies, the proposed amended JPA Agreement eliminates the abatement fund.

In addition, the revision to subsection 5(f) is meant to clarify that MWPA will seek a tax renewal in the same form, a special parcel tax, as the tax passed in March 2020 to fund the Authority. A JPA made up of agencies with taxing authority can jointly exercise any power common to the contracting parties, including the power to tax. (Cal. Gov. Code § 6502) Under Government Code section 53978, local agencies that provide fire protection or prevention services may propose a special tax for their services.

Accordingly, because MWPA’s member agencies have the power to propose a special tax for fire protection or prevention services, MWPA may also exercise this authority.

COMMUNITY OUTREACH:

The proposed amendments were presented to the Marin Managers Association, Marin Wildfire Operations Committee, and the Marin Wildfire Executive Committee. On July 18, 2024, the Marin Wildfire Board of Directors approved the Amended JPA Agreement during a publicly noticed meeting; no public comment was provided on the item.

FISCAL IMPACT:

The proposed amendments would create greater flexibility in the use of 2% of the Defensible Space Budget previously reserved for abatement. As a result, the City of San Rafael’s Defensible Space Budget will increase by about $58,500 annually.

OPTIONS:

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

1. Approve the amended JPA agreement.

2. Request changes to the amended JPA agreement.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4

1. Resolution- MWPA JPA Amendments

2. MWPA Proposed JPA Amendments with Changes Outlined

3. Final Updated MWPA JPA Amended Agreement
RESOLUTION NO.

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

AMENDMENTS IN THE MARIN WILDFIRE PREVENTION AUTHORITY JOINT EXERCISE OF

POWERS OF AUTHORITY AGREEMENT
WHEREAS, in March of 2020 Marin County voters approved a tax measure to fund the Marin Wildfire Prevention Authority (“MWPA”) governed by a joint exercise of powers of authority (JPA) agreement between seventeen (17) member agencies; and WHEREAS, since inception, member agencies and staff have noted opportunities to revise and improve the agreement; and
WHEREAS, on July 18, 2024, the Marin Wildfire Board of Directors approved the Amended JPA Agreement in the form attached to this report; and WHEREAS, the amended JPA Agreement must be executed by three-fourths of the governing boards of the Marin Wildfire member agencies to take effect.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves the changes as outlined in the MWPA Amended JPA Agreement, attached as Exhibit A.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify foregoing resolution was duly and regularly introduced and adopted at a regular meeting on the City Council of said City held on Monday, the 7th day of October 2024, by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk

ATTACHMENTS

1. Exhibit A: Marin Wildlife Prevention Authority Amended and Restated Joint Exercise of Powers of Authority Agreement
1 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11

DRAFT AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

MARIN WILDFIRE PREVENTION AUTHORITY
This Amended and Restated Joint Exercise of Powers Agreement for the Marin Wildfire Prevention Authority (“Agreement”) is entered into pursuant to Sections 6500 et seq. of the California Government Code, by and between the following local agencies: the cities of San Rafael, Mill Valley, and Larkspur (“Cities”); the towns of San Anselmo, Corte Madera, Fairfax, and Ross (“Towns”); the County of Marin (including Service Areas 13, 19 and 31 collectively referred to as “County”); the Fire Protection Districts of Southern Marin, Novato, Kentfield, Stinson Beach, Bolinas, and Sleepy Hollow, the Marinwood Community Services District, the Inverness Public Utility District, and Muir Beach Community Services District (“Districts”); “Cities,” “Towns,” “County,” and “Districts” are referred to in their individual capacities outside of this Agreement as “Local Agencies,” and are referred to for the purposes of participation in this Agreement as “Member” or “Members”.

RECITALS
WHEREAS, the growing wildfire risk in Marin County does not respect jurisdictional boundaries and needs immediate action and sustained commitment to better protect Marin residents, homes and businesses; and
WHEREAS, intensifying climate change and extensive fuel build-up are contributing to the increasing threat of wildfire throughout Marin County and, to the extent possible, should be addressed through ecologically sound practices that minimize release of greenhouse gases and protect the biodiversity and resilience of Marin’s landscapes; and WHEREAS, individual homes and properties are only as fire resilient as the surrounding homes and properties within each neighborhood or area; and WHEREAS, the more than 260,000 people living in Marin County receive fire protection and emergency response services provided by 19 separate cities, towns, fire districts and the County of Marin and no single agency currently exists for coordinating wildfire prevention; and
WHEREAS, local fire agencies, communities, emergency service providers, city and towns governments and the County of Marin must coordinate wildfire prevention and disaster preparedness and mitigation, including maintaining defensible space, reducing combustible vegetation, making homes fire resistant and planning for organized evacuation in an emergency; and
Deleted: the
Deleted: (JPA)
Deleted: and Belvedere
Deleted: Tiburon,
2 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
WHEREAS, in 2016 the Marin County Fire Department published a Community Wildfire Protection Plan, identifying specific steps needed to reduce the risk of wildfire and related loss of life and property in Marin; and
WHEREAS, in 2018 Marin County published Lessons Learned from North Bay Fire Siege, summarizing key findings and conclusions from the 2017 wildfires that devastated Sonoma, Napa, Lake, Solano and Butte counties, burned nearly 250,000 acres, destroyed nearly 9,000 structures, forced 90,000 evacuations, caused $14.5 billion in property damage and killed 44 people; and
WHEREAS, in 2019 the Marin County Civil Grand Jury issued Wildfire Preparedness:

A New Approach, a report identifying an urgent need for a coordinated wildfire prevention program in Marin and providing detailed recommendations for reducing wildfire risk and securing dedicated funding for wildfire prevention programs; and WHEREAS, efforts are needed to assist seniors, persons with disabilities, and lowincome households to maintain defensible space, make homes fire resistant, and prepare for emergencies to mitigate wildfire threats to structures and defensible space; and WHEREAS, each of Marin’s communities has unique local needs such as wildfire risk from homeless encampments or road widening for safe evacuations and the Marin Wildfire Prevention Authority (“Marin Wildfire”) will seek to address these specific local needs with a local wildfire mitigation program that assists local fire agencies in meeting unique community needs while sustaining a core countywide program for consistency; and WHEREAS, the most effective way to protect all of our communities from the risk of wildfire is to come together in a joint powers authority to implement a countywide program of priority fire prevention, education and vegetation management; and WHEREAS, the Marin Wildfire was formed when the 17 Members entered into the original joint exercise of powers agreement (“original agreement”) and Measure C, including Ordinance No. 3716, was approved by 70.8% of voters in March 2020 to impose a tax on all parcels of real property in Marin County within the boundaries of Marin Wildfire’s Members, which are defined as “Member Taxing Entities” under the Ordinance; and WHEREAS, effective July 1, 2023, the City of Mill Valley consolidated its fire department and taxing authority for fire protection and prevention with the Southern Marin Fire District. As the original agreement did not address this type of action on the part of a Member Taxing Entity at the time the consolidation took effect, on August 17, 2023, the Marin Wildfire Board of Directors voted unanimously to allow the City of Mill Valley to remain a Member until the expiration of Measure C; and
WHEREAS, the Members wish to amend and restate the original agreement to reflect the current structure of Marin Wildfire and to address matters that were not included in the original agreement; and
WHEREAS, the Members find that the amendments reflected in this Agreement comport with the purpose of the voter approved measure, as set forth in Section 1 of this Agreement; Deleted: WHEREAS, the Marin Wildfire Prevention
Authority (“Marin Wildfire”) was formed when the 17
Members entered into the original Aagreement and Measure C, including Ordinance No. 3716, was approved by 70.8% of voters in March 2020 to impose a tax on all parcels of real property in Marin County within the boundaries of Marin Wildfire’s Members, which are defined as “Member Taxing Entities” under the Ordinance; and¶
Deleted: agreed
Formatted: Font: Bold
3 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and agreements set forth herein, the Members agree as follows:

SECTION 1. Authority and Purpose
a. This Agreement is made under the authority of Sections 6500 through 6515, inclusive, of the California Government Code, among the Members. b. The purpose of this Agreement is to establish a Joint Powers Authority separate from the Local Agencies. This Authority is to be known as the Marin Wildfire Prevention Authority and may be referred to as Marin Wildfire. Marin Wildfire will plan, finance, implement, manage, own and operate a multi-jurisdictional and county-wide agency to prevent and mitigate wildfires in Marin County. Each Member individually, at the time Measure C including Ordinance No. 3716 passed in 2020, had the statutory ability to provide fire suppression, protection, prevention and related incidental services. The purpose and intent of this Agreement is to jointly exercise the foregoing common powers in the manner set forth herein.

SECTION 2. Term of Agreement
This Agreement becomes effective upon the first date that at least three quarters (3/4) of the 17 Local Agencies listed above (i.e., 13 Local Agencies) approve the Agreement at a public meeting. It shall remain in effect until it is terminated pursuant to Section 16 or amended in accordance with Section 21.

Deleted: ¶
Deleted: a
Deleted: must
Deleted: is
Deleted: A
Deleted: s
Deleted: management
Deleted: must
Deleted: the Authority
Deleted: 1
Deleted: 5X number
Deleted: Should an entity defined in this Agreement as
a Member of the Authority fail to meet the October 31,
2019 deadline for approval of the Agreement and tax
measure, this Agreement shall be interpreted to remove
that Local Agency from the definition of Member, and
any rights or responsibilities of that entity shall not apply.The 17 Local Agencies identified above were the
Initial Members of the Authority.

Deleted: .

Deleted: the Board of Directors
Deleted: Marin Wildfire’s adoption formal
actionadoption …
Deleted: of a
Deleted: resolution to
Deleted: considerationadoption
Deleted: s
4 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
take effect upon the expiration of the tax that is in place at the time such withdrawal notice is provided to the Board of Directors. 2) Consolidation/Merger. If, due to changes in circumstances a Member’s fire protection responsibility and taxing authority for fire protection and prevention is transferred to a new or different public agency that results in a Member losing its fire protection responsibility and its Member taxing authority, the Member will be withdrawn from Marin Wildfire upon expiration of the tax that is in place at the time of any such changed circumstance.
d. Additional Members. A Local Agency geographically located in Marin County that possesses fire protection responsibilities may become a Member only when Marin Wildfire seeks to renew the tax that funds Marin Wildfire. Specifically, the Local Agency must adopt a resolution of their governing board to become a participating signatory to this Agreement, as amended, and must approve placing a tax measure on the ballot in conformance with Section 5(f) of this Agreement.

The Board of Directors must adopt a resolution authorizing membership of the new Member, specifying conditions, if any, associated with membership, including a one-time pro rata charge to compensate for past expenditures and investments of Marin Wildfire that will be of benefit to the Member upon joining Marin Wildfire (“New Member Charge”). The Board of Directors’ determination of the conditions, if any, including the New Member Charge, is final. 1) If the tax renewal measure is approved by the voters, each Additional Member will be considered a Member and will be represented on Marin Wildfire’s Board of Directors. If a New Member Charge is required upon joining Marin Wildfire, that Charge will be deducted from the New Member’s Local-specific wildfire prevention funding described in Section 9(d) until the Charge is paid in full. The New Member will also have the option of paying in full the Charge within sixty (60) days of joining Marin Wildfire.
2) If the tax renewal measure is not approved, this Agreement will terminate and assets will be allocated among the Initial Members as outlined in Section 16 and the new Member(s) will not become Member(s) or serve on Marin Wildfire’s Board of Directors.

Moved (insertion) [1]
Deleted: may only do so upon the
Deleted: of a
Deleted: (including, but not limited to changes in
fire suppression responsibility,and transferring
taxing authority for fire to another agency, approved
by LAFCO)
Deleted: Member’s governing board votes to
the Authority or a
Deleted: suppression
Deleted: suppression
Deleted: the Authority
Deleted: transfer or transfer of its Member taxing
authority expiration of the tax that
Deleted: change
Moved up [1]: may only do so upon the expiration
of the tax that is in place at the time such notice is
provided to the Board of Directors
Deleted: r Agencies
Deleted: Ordinance No. 3716. (“Additional Member”)
Deleted: County of Marin
Deleted: may determine that a one-time pro rata
assessment
Deleted: will be required of the new member
Deleted: the Authority
Deleted: the Authority
Deleted: Assessment
Deleted: if any,
Deleted: the Authority
Deleted: IfThe members of the JPA have the Board
of Directors has determined that
Deleted: Assessment
Deleted: the Authority
Deleted: Assessment
Deleted: must be paid within sixty (60) days of
joining the Authorityof certification of approval of
the tax measure
Deleted: Additional
Deleted: to
Deleted: Additional
Deleted: <#>Should the tax measure to fund the
Authority fail to pass in an election in March 2020, this Agreement is terminated and shall be of no further
effect upon certification of the election results. ¶
5 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
b. Marin Wildfire shall be governed by the Board of Directors which is hereby established. The Board of Directors shall be comprised of Directors who are elected officials of the Members, and each Member shall have one Director on the Board of Directors.
c. The Board of Directors shall hold at least two meetings each year as determined by its bylaws. Special Meetings of the Board may be called in accordance with the provisions of the Brown Act and Government Code Section 54956. d. Minutes of the adjourned, regular and special meetings of the Board shall be kept and said minutes shall be available to Members and the public on Marin Wildfire’s website. A majority of the Directors of the Board will constitute a quorum; however, if the number of Members is an even number, then 50% of the Directors of the Board will constitute a quorum. In the event of a meeting of the Board with less than a quorum, the present Directors will only have the power to dismiss a meeting. For purposes of conducting business, a majority of the quorum will be authorized to act on behalf of Marin Wildfire, subject to the voting conditions set forth in Section 4.f.
e. The Board shall elect, at its first meeting of each fiscal year, a President and Vice President. The President and Vice President shall serve one-year terms, but can be re-elected. The President shall represent Marin Wildfire and execute any contracts and other documents when required by the bylaws. The Vice President shall serve in the absence of the President.
f. Voting. For all votes conducted by the Board, a proposed motion subject to vote passes when both following conditions are satisfied: (1) a majority of the Directors present vote in favor of a motion, and (2) the Directors present and voting in favor of a motion represent, in the aggregate, according to the then latest general census, over 50% of the population represented by the Member agencies present in the quorum.
g. The Board may adopt from time to time such policies, procedures, bylaws, rules and regulations for the conduct of its affairs as deemed necessary by the Board.

Deleted: . The AuthorityMarin Wildfire shall not have
responsibility for any services or duties set forth in this Agreement unless and until the tax measure is passed by the voters in a certified election.

Deleted: forwarded to each member of the Board
within thirty days after each meeting
Deleted: Agencies
6 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
c. Marin Wildfire may contract with private companies and public agencies to create, implement and operate Marin Wildfire to provide wildfire protection and prevention, as well as to ensure buildings meet fire and building codes. d. Marin Wildfire may make and enter into contracts; adopt budgets; employ and retain agents and personnel; retain legal counsel; retain consultants and engineers; acquire grants; acquire, hold, lease and dispose of real and personal property; accept donations; sue and be sued; and possess and exercise all other powers common to the Members. The intent of this provision is to allow Marin Wildfire flexibility in making fiscally sound staffing decisions. e. Marin Wildfire may incur debt and issue bonds or any like instruments of no more than 10% of its annual budget in order to efficiently provide the service enumerated herein in compliance with the pertinent sections of the Government Code of the State of California. Specifically, Marin Wildfire can incur debt in its own name under any law authorizing a joint power authority to do so, including Government Code Section 6540 et seq., and the Marks-Roos Local Bond Pooling Act of 1985, and Government Code Section 6584 et seq.
f. Marin Wildfire may authorize taxes pursuant to Government Code Sections 50075 et seq., 53978, or any successor statutes. Subsequent taxes shall be levied and assessed as a special parcel tax by the County of Marin, on behalf of itself and Member Taxing Entities, on all parcels of real property in the Member Taxing Entities for each fiscal year.
g. Marin Wildfire may exercise the powers permitted pursuant to Government Code Section 6504 or any successor statute. Pursuant to Government Code Section 6509.5, Marin Wildfire is entitled to invest any money in the treasury that is not required for the immediate necessities of Marin Wildfire. h. Marin Wildfire may do all things necessary and lawful to carry out the purpose of this Agreement.
i. As required by Government Code Section 6509, one Member must be designated such that the power of Marin Wildfire is subject to the restrictions upon the manner of exercising power possessed by the Member. The County of Marin is designated as the Government Code Section 6509 public entity.

Deleted: as approved by voters in an election held in
March 2020
Deleted: No subsequent taxes or fees may be raised by
the Authority without approval of Members. …
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Deleted: for creating
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7 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
b. Voting. For all votes conducted by the Operations Committee, a proposed motion subject to vote passes when both following conditions are satisfied: (1) a majority of the representatives of the Operations Committee present vote in favor of a motion, and (2) the representatives of the Operation Committee present and voting in favor of a motion represent, in the aggregate, according to the then latest general census, over 50% of the population represented by the Member agencies present in the quorum.

SECTION 7. Reserved
SECTION 8. Community Oversight Committee
The Board of Directors will create a Community Oversight Committee. The Community Oversight Committee will review Marin Wildfire’s spending on an annual basis following the report from the Treasurer. After review of the previous year’s work program and the financial audit, the Community Oversight Committee will adopt a report on the spending of the parcel tax funds and the previous year's work program to evaluate consistency with the tax measure. Community Oversight Committee participants will be residents who are neither elected officials of any government entity, nor public employees of any Member. Service on the Community Oversight Committee will be restricted to individuals who reside in Marin County. Participants on the Community Oversight Committee will be required to submit a statement of financial disclosure and participation will be restricted to individuals without economic interest in any of Marin Wildfire’s projects. The Community Oversight Committee may create subcommittees to monitor the deliberations of the Board of Directors and Operations Committee. The Board of Directors shall appoint participants to the Community Oversight Committee from applications received as set forth below:
• Five participants, each residing in one of these five general geographical areas:

West Marin, Novato, San Rafael, Central Marin, and Southern Marin. • One participant from a taxpayer organization of Marin County. • One participant from environmental organizations of Marin County. • One participant from Firewise communities or similar fire prevention organization.
• One participant from a non-partisan community-based organization. • One nonvoting youth member (age 14-18) for a one-year term rotating between the five general geographical areas, when possible.

SECTION 9. Funding
a. The Board shall adopt an annual budget for Marin Wildfire’s activities by June 1 of each year. In adopting the annual budget, the Board must consider recommendations from the Operations Committee. The annual budget shall identify the programs of Marin Wildfire and allocate funds by program. The budget and accounting system shall account for direct and overhead costs by Deleted: Advisory/Technical Committee
Deleted: <#>The Advisory/Technical Committee shall
be responsible to the Operation Committee for advising
Authority staff to forprovide expert advice and
recommendations regarding how the programs of the
Authority should be developed and implemented. The
Advisory/Technical Committee shall be comprised of
one technical staff member from appointed by each
Member agency and the Board shall adopt bylaws that
establish the manner of appointment to the Advisory
Technical Committee. ¶
The Advisory/Technical Committee shall hold at least
two meetings each year. Special meetings may be
called in accordance with the provisions of Government
Code Section 54956. ¶
Agencies and entities such as Marin County towns or
cities that are not a Member, Marin Municipal Water
District (“MMWD”), Marin County Open Space
District (“MCOSD”), National Park Service, State
Parks, and FIRESafe MARIN may be invited to
participate as at-large, non-voting Advisory/Technical
Committee members. In addition, relevant Marin
County land management agencies, private companies
and community organizations may be invited by the
Board to participate as at-large, non-voting
Advisory/Technical Committee members. Said at-large
Advisory/Technical Committee members shall be fully
recognized by the Advisory/Technical Committee for
the purpose of interaction and discussion. These atlarge Advisory/Technical Committee members shall be appointed by their respective organizations.¶
Deleted: <#>Citizens’
Deleted: Citizens’
Deleted: Citizens’
Deleted: Citizens’
Deleted: describing the extent to which the funds have
been spent consistent with the tax measure and this ... [1] Deleted: Citizens’
Deleted: Citizens’
Deleted: Citizens’
Deleted: Citizens’
Deleted: ,
Deleted: , and the Advisory/Technical Committee
Deleted: Citizens’
Deleted: FireIRE Safe MARIN Marin
Deleted: civic
Deleted: such as League of Women Voters
Deleted: within ninety (90) days of the date the
Elections Office certifies the successful passage of the ... [2] Deleted: succeeding
8 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
program. The Board shall allocate these costs for each program with the adoption of the annual budget. To the extent changes to the budget under California law require approval of more than a simple majority of Members, the population representation requirement of Section 4.f. shall not increase. b. The core program functions of Marin Wildfire will be funded by 60% of the tax measure proceeds and will consist of, but not be limited to, vegetation management; wildfire detection; evacuation plans and alerts; grants; and public education. Marin Wildfire may allocate core funds to local wildfire prevention efforts, should the Board of Directors determine the core functions of Marin Wildfire are being served. Vegetation management funds will be allocated with consideration towards equitable spending over the five operational zones. As part of the five-year review of the funding levels described in Section 9f, at least 80% of the revenue generated for vegetation management by each operational zone should be allocated within the respective zone. If this requirement is not met, it must be remedied within the next five-year period.
c. Defensible space and fire-resistant structure evaluations, and mitigation of fire threats thereof, will be funded by 20% of the tax measure proceeds and will be done on a shared service basis or by the responsible Member consistent with Section 10.
d. Local-specific wildfire prevention efforts will be funded by 20% of the tax measure proceeds and allocated to each Member in proportion to revenue raised in each Member’s respective tax rate areas. Members must certify that the tax measure proceeds are used consistent with the purpose of Marin Wildfire and that the tax measure expenses result in a higher level of service than would otherwise be provided by the Member.
e. An administrative cost of not more than 10% will be budgeted for each program, including the core program, defensible space and fire-resistant structure evaluation program, and local-specific wildfire prevention efforts. Should a Member locally administer the defensible space evaluations pursuant to Section 10, an administrative cost will not be withheld by Marin Wildfire for that program. The Board shall determine the methodology for calculating administrative costs.
f. In Fiscal Year 2025-26, 2030-31, 2035-36 and continuing every five years thereafter, the Board may alter the funding levels of the core program functions of subsection 9.b. and the defensible space evaluations from subsection 9.c. The local-specific wildfire prevention efforts of subsection 9.d. will remain funded by 20% of the tax measure proceeds. A vote to alter the funding levels pursuant to this section shall require two-thirds approval of Directors voting to alter the funding levels, while maintaining the over 50% of the population represented by the Member agencies requirement in accordance with the voting rules set forth in Section 4.f. Should the Board approve changes to the funding levels of the programs, to provide adequate notice to Member agencies, those changes will not go into effect until two fiscal years after the changes were approved. For Deleted: Within the defensible space program, an
Abatement program shall be created by the Authority,
funded with 2% of the total tax measure proceeds.

Funds from this Abatement program are retained by the
Authority, notwithstanding a Member selecting to
locally administer pursuant to Section 10. The
Authority will only enforce a uniform abatement code.

Litigation of abatements is the responsibility of the
Member.…
Deleted: i.e
Deleted: .

Deleted: functions and the Authority administered
9 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
example, if funding levels of programs are altered during Fiscal Year 2025-26, those changes will not be implemented until the budget of Fiscal Year 2027-28.

SECTION 10. Option to Locally Administer the Section 5.b. Defensible Space Program
Should a Member choose to locally administer the power set forth in Section 5.b., that Member shall evaluate structures and defensible space so property owners can enhance compliance with fire and building codes through homeowner education and, as necessary, enforcement follow-up. The Member choosing to locally administer the Defensible Space Program must certify that the Member shall use the funds provided by Marin Wildfire exclusively to evaluate defensible space and to enhance compliance with structures and land meeting fire and building codes, and not for any other purpose. Tax measure proceeds will be allocated to Members choosing to locally administer in an amount approximately equal to each Member’s proportion of revenue raised in each Member’s respective tax rate areas, as determined by the Board. For those Members remaining in the defensible space program, Marin Wildfire will expend the tax measure proceeds in an amount approximately equal to each Member’s proportion of revenue raised in each Member’s respective tax rate areas.

SECTION 11. Exemptions
Marin Wildfire shall be responsible for technical tax adjustments, consistent with the ballot measure. Whenever possible, Marin Wildfire must defer to reasonable requests from the Marin County Tax Collector to accommodate exemptions for parcels that are roads or creek beds, as wells as split parcels ineligible for an assessor parcel combination solely because the parcels are not in the same tax rate area.

SECTION 12. Duties of Treasurer
a. The Treasurer of Marin Wildfire shall be the Treasurer of one of the Members and/or a certified public accountant appointed by the Board of Directors in accordance with the provisions of the applicable law. Marin Wildfire at its first meeting and thereafter at its first meeting of the fiscal year shall elect a Treasurer and establish terms with the Member agency. This person shall also function as the Controller of Marin Wildfire.
b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by generally accepted accounting practice, shall cause an independent annual audit of the accounts and records and comply with all requirements of Government Code Sections 6505, 6505.1, 6505.5 and 6505.6. c. The Treasurer, within one hundred and twenty (120) days after the close of each fiscal year ending on June 30, or as soon thereafter as possible, shall give a Deleted: m
Deleted: powers in Section 5.b.

Deleted: ‘
Deleted: ‘
Deleted: Additionally, the Authority shall be entitled to retain 2% of the overall tax measure proceeds for the
Authority’s Abatement program, regardless of how many
Members choose to exclusively manage their own
defensible space program.

Deleted: <#>Eligibility for a Member to elect to
administer the defensible space program shall be
effective beginning in Fiscal Year 2027-28, 2032-33,
2037-38 and continuing every five years thereafter. A
Member must provide notice that it elects to opt-out or rescind its opt-out election by October 31 for the next fiscal year beginning on July 1. A Member may opt-out
of the defensible space program before May 30, 2020
by providing notice to the Authority. Members can only
subsequently opt out during certain years as set forth
above. A Member choosing to exclusively manage its
own defensible space program may be responsible for a
reasonable exit fee, as determined by the Authority.

Members can opt-back-in at any time by providing
notice that it elects to opt-back-in by October 31 for the next fiscal year beginning on July 1. ¶
Deleted: or the Finance Director
Deleted: andor
Deleted: should be a
Deleted: or a certified public accountant
Deleted: s
Deleted: If a certified public accountant has been
designated as Treasurer of the Authority, the auditor of one of the Members or of the County shall be
designated as auditor of the entity.…
10 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
complete written report of all financial activities for such fiscal year to the Members.

SECTION 13. Debts and Liabilities
As permitted pursuant to Government Code Section 6508.1, no debt, liability, or obligation of Marin Wildfire shall constitute a debt, liability, or obligation of any Member and each Member’s obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the Member may agree.

SECTION 14. Insurance and Indemnification
Marin Wildfire shall acquire such insurance protection as is needed to protect the interests of Marin Wildfire and the Members, and such cost shall not count toward the administrative fee of Section 9.e. Marin Wildfire may use self-insurance and may contract with a Member for insurance services. Marin Wildfire shall defend and indemnify and hold harmless the Members and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of Marin Wildfire or the activities undertaken pursuant to this Agreement (collectively, “Liabilities”), except where such Liabilities are caused solely by the gross negligence or willful misconduct of any indemnitee.

SECTION 15. Privileges, Immunities and Other Benefits
In accordance with California Government Code Section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Members when performing their functions shall apply to the same degree and extent while engaged in the performance of any of their functions and duties for Marin Wildfire.

SECTION 16. Termination; Disposition of Assets.
a. Should a tax measure to be placed on the ballot fail to pass or is subsequently repealed, this Agreement is terminated and shall be of no further effect upon certification of the election results.
b. In accordance with Government Code Section 6512, upon termination of this Agreement, any surplus money in possession of Marin Wildfire or on deposit in any fund or account of Marin Wildfire shall be returned in proportion to the contributions made by the tax payers of each Member’s jurisdiction. Any other property of Marin Wildfire shall be divided among the Members in such manner as shall be determined by Marin Wildfire in accordance with California law.

Deleted: .

Deleted: the
Deleted: renewal
Deleted: in March 2020
11 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
c. If a tax measure is rescinded, all decisions of the Board with regard to determination of amounts to be transferred to Members or any successor shall be final.

SECTION 17. Severability
If any provision of the Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected.

SECTION 18. No Rights to Third Parties
All of the terms, conditions, rights and duties provided for in the Agreement are, and shall always be, solely for the benefit of the Members. It is the intent of the Members that no third party shall ever be the intended beneficiary of any performance, duty or right created or required pursuant to the terms and conditions of this Agreement.

Nothing in this Section shall be interpreted to preclude the work of the Authority being done on private land.

SECTION 19. Notices.

Notices to Members under this Agreement shall be sufficient if delivered to the City Clerk or chief secretarial officer of the Member, or to any other person designated in writing by the Member.

SECTION 20. Prohibition Against Assignment.

No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim or title to any part, share, interest or assets under this Agreement.

SECTION 21. Amendments
This Agreement may be amended at any time by one or more supplemental agreements executed by mutual agreement of three-fourths (3/4) of the governing boards of the Members, so long as any amendment comports with the purpose of the voter approved measure, as set forth in Section 1 of this Agreement.

Deleted: the
12 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision Deleted: 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized as of the date of approval by the public agencies that are parties hereto. This Agreement shall be executed in counterparts.

Dated:____________________ _______________________________ By:____________________________

Page 7 ends

a.
1 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

RECITALS
WHEREAS, the growing wildfire risk in Marin County does not respect jurisdictional boundaries and needs immediate action and sustained commitment to better protect Marin residents, homes and businesses; and
WHEREAS, intensifying climate change and extensive fuel build-up are contributing to the increasing threat of wildfire throughout Marin County and, to the extent possible, should be addressed through ecologically sound practices that minimize release of greenhouse gases and protect the biodiversity and resilience of Marin’s landscapes; and WHEREAS, individual homes and properties are only as fire resilient as the surrounding homes and properties within each neighborhood or area; and WHEREAS, the more than 260,000 people living in Marin County receive fire protection and emergency response services provided by 19 separate cities, towns, fire districts and the County of Marin and no single agency currently exists for coordinating wildfire prevention; and
WHEREAS, local fire agencies, communities, emergency service providers, city and towns governments and the County of Marin must coordinate wildfire prevention and disaster preparedness and mitigation, including maintaining defensible space, reducing combustible vegetation, making homes fire resistant and planning for organized evacuation in an emergency; and
Exhibit A
2 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision WHEREAS, in 2016 the Marin County Fire Department published a Community Wildfire Protection Plan, identifying specific steps needed to reduce the risk of wildfire and related loss of life and property in Marin; and
WHEREAS, in 2018 Marin County published Lessons Learned from North Bay Fire Siege, summarizing key findings and conclusions from the 2017 wildfires that devastated Sonoma, Napa, Lake, Solano and Butte counties, burned nearly 250,000 acres, destroyed nearly 9,000 structures, forced 90,000 evacuations, caused $14.5 billion in property damage and killed 44 people; and
WHEREAS, in 2019 the Marin County Civil Grand Jury issued Wildfire Preparedness:

A New Approach, a report identifying an urgent need for a coordinated wildfire prevention program in Marin and providing detailed recommendations for reducing wildfire risk and securing dedicated funding for wildfire prevention programs; and WHEREAS, efforts are needed to assist seniors, persons with disabilities, and lowincome households to maintain defensible space, make homes fire resistant, and prepare for emergencies to mitigate wildfire threats to structures and defensible space; and WHEREAS, each of Marin’s communities has unique local needs such as wildfire risk from homeless encampments or road widening for safe evacuations and the Marin Wildfire Prevention Authority (“Marin Wildfire”) will seek to address these specific local needs with a local wildfire mitigation program that assists local fire agencies in meeting unique community needs while sustaining a core countywide program for consistency; and WHEREAS, the most effective way to protect all of our communities from the risk of wildfire is to come together in a joint powers authority to implement a countywide program of priority fire prevention, education and vegetation management; and WHEREAS, the Marin Wildfire was formed when the 17 Members entered into the original joint exercise of powers agreement (“original agreement”) and Measure C, including Ordinance No. 3716, was approved by 70.8% of voters in March 2020 to impose a tax on all parcels of real property in Marin County within the boundaries of Marin Wildfire’s Members, which are defined as “Member Taxing Entities” under the Ordinance; and WHEREAS, effective July 1, 2023, the City of Mill Valley consolidated its fire department and taxing authority for fire protection and prevention with the Southern Marin Fire District. As the original agreement did not address this type of action on the part of a Member Taxing Entity at the time the consolidation took effect, on August 17, 2023, the Marin Wildfire Board of Directors voted unanimously to allow the City of Mill Valley to remain a Member until the expiration of Measure C; and
WHEREAS, the Members wish to amend and restate the original agreement to reflect the current structure of Marin Wildfire and to address matters that were not included in the original agreement; and
WHEREAS, the Members find that the amendments reflected in this Agreement comport with the purpose of the voter approved measure, as set forth in Section 1 of this Agreement; 3 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and agreements set forth herein, the Members agree as follows:

SECTION 3. Membership
a. Initial Membership. To become an initial Member, the Local Agency executed the original agreement and approved the County of Marin placing the tax measure on the ballot by October 31, 2019. A Local Agency geographically located in Marin County that possessed fire protection responsibilities must have adopted a resolution of their governing board to become a participating signatory to this Agreement and Member of Marin Wildfire. At that time, 17 of the Local Agencies had done so.
b. Successor Membership. If, due to changes in circumstances (including, but not limited to changes in fire suppression responsibility approved by LAFCO) a Member’s fire suppression responsibility is transferred to a new or different public agency, that new or different public agency shall be admitted as a Member upon approval of such membership and this Agreement by such public agency’s governing body.
c. Member Withdrawal and Consolidation.
1) Withdrawal. A Member that wishes to withdraw from Marin Wildfire must provide written notice to Marin Wildfire at least one (1) year prior to the Board of Directors' final action to propose a tax renewal measure for consideration by Members. A Member’s withdrawal will 4 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision take effect upon the expiration of the tax that is in place at the time such withdrawal notice is provided to the Board of Directors. 2) Consolidation/Merger. If, due to changes in circumstances a Member’s fire protection responsibility and taxing authority for fire protection and prevention is transferred to a new or different public agency that results in a Member losing its fire protection responsibility and its Member taxing authority, the Member will be withdrawn from Marin Wildfire upon expiration of the tax that is in place at the time of any such changed circumstance.
d. Additional Members. A Local Agency geographically located in Marin County that possesses fire protection responsibilities may become a Member only when Marin Wildfire seeks to renew the tax that funds Marin Wildfire. Specifically, the Local Agency must adopt a resolution of their governing board to become a participating signatory to this Agreement, as amended, and must approve placing a tax measure on the ballot in conformance with Section 5(f) of this Agreement.

SECTION 4. Board of Directors
a. Marin Wildfire will be governed by a Board of Directors comprising elected leaders from each Member to ensure that wildfire programs and resources are directed to areas of greatest need and opportunity for community benefit. 5 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision b. Marin Wildfire shall be governed by the Board of Directors which is hereby established. The Board of Directors shall be comprised of Directors who are elected officials of the Members, and each Member shall have one Director on the Board of Directors.
c. The Board of Directors shall hold at least two meetings each year as determined by its bylaws. Special Meetings of the Board may be called in accordance with the provisions of the Brown Act and Government Code Section 54956. d. Minutes of the adjourned, regular and special meetings of the Board shall be kept and said minutes shall be available to Members and the public on Marin Wildfire’s website. A majority of the Directors of the Board will constitute a quorum; however, if the number of Members is an even number, then 50% of the Directors of the Board will constitute a quorum. In the event of a meeting of the Board with less than a quorum, the present Directors will only have the power to dismiss a meeting. For purposes of conducting business, a majority of the quorum will be authorized to act on behalf of Marin Wildfire, subject to the voting conditions set forth in Section 4.f.
e. The Board shall elect, at its first meeting of each fiscal year, a President and Vice President. The President and Vice President shall serve one-year terms, but can be re-elected. The President shall represent Marin Wildfire and execute any contracts and other documents when required by the bylaws. The Vice President shall serve in the absence of the President.
f. Voting. For all votes conducted by the Board, a proposed motion subject to vote passes when both following conditions are satisfied: (1) a majority of the Directors present vote in favor of a motion, and (2) the Directors present and voting in favor of a motion represent, in the aggregate, according to the then latest general census, over 50% of the population represented by the Member agencies present in the quorum.
g. The Board may adopt from time to time such policies, procedures, bylaws, rules and regulations for the conduct of its affairs as deemed necessary by the Board.

SECTION 5. Powers of Marin Wildfire
a. Marin Wildfire shall have all of the necessary powers and authorities granted by law to exercise the common powers of its members in providing wildfire suppression, protection, prevention and related and incidental services, with members retaining all powers.
b. Marin Wildfire shall have all of the necessary powers to evaluate structures and defensible space and provide structural fire protection advice to enhance compliance of parcels of land and buildings meeting local fire and building codes, as well the power to create neighborhood and public education programs to reduce wildfire vulnerability and improve neighborhood preparedness. 6 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision c. Marin Wildfire may contract with private companies and public agencies to create, implement and operate Marin Wildfire to provide wildfire protection and prevention, as well as to ensure buildings meet fire and building codes. d. Marin Wildfire may make and enter into contracts; adopt budgets; employ and retain agents and personnel; retain legal counsel; retain consultants and engineers; acquire grants; acquire, hold, lease and dispose of real and personal property; accept donations; sue and be sued; and possess and exercise all other powers common to the Members. The intent of this provision is to allow Marin Wildfire flexibility in making fiscally sound staffing decisions. e. Marin Wildfire may incur debt and issue bonds or any like instruments of no more than 10% of its annual budget in order to efficiently provide the service enumerated herein in compliance with the pertinent sections of the Government Code of the State of California. Specifically, Marin Wildfire can incur debt in its own name under any law authorizing a joint power authority to do so, including Government Code Section 6540 et seq., and the Marks-Roos Local Bond Pooling Act of 1985, and Government Code Section 6584 et seq.
f. Marin Wildfire may authorize taxes pursuant to Government Code Sections 50075 et seq., 53978, or any successor statutes. Subsequent taxes shall be levied and assessed as a special parcel tax by the County of Marin, on behalf of itself and Member Taxing Entities, on all parcels of real property in the Member Taxing Entities for each fiscal year.
g. Marin Wildfire may exercise the powers permitted pursuant to Government Code Section 6504 or any successor statute. Pursuant to Government Code Section 6509.5, Marin Wildfire is entitled to invest any money in the treasury that is not required for the immediate necessities of Marin Wildfire. h. Marin Wildfire may do all things necessary and lawful to carry out the purpose of this Agreement.
i. As required by Government Code Section 6509, one Member must be designated such that the power of Marin Wildfire is subject to the restrictions upon the manner of exercising power possessed by the Member. The County of Marin is designated as the Government Code Section 6509 public entity.

SECTION 6. Operations Committee
a. The Operations Committee shall be responsible for creating a recommended annual budget and a recommended annual work plan for the Board. The Operations Committee shall meet at least twice per year at a reasonable time before the Board must establish its budget. The Operations Committee representatives should strive for a balance of executive/administrative and fire expertise on the committee. The Operations Committee shall be composed of representatives who are agency staff or contract employees , one from each of the Members. The Operations Committee meetings will be held in accordance with the Ralph M. Brown Act, Government Code sections 54950 et seq. 7 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision b. Voting. For all votes conducted by the Operations Committee, a proposed motion subject to vote passes when both following conditions are satisfied: (1) a majority of the representatives of the Operations Committee present vote in favor of a motion, and (2) the representatives of the Operation Committee present and voting in favor of a motion represent, in the aggregate, according to the then latest general census, over 50% of the population represented by the Member agencies present in the quorum.

Nothing in this Section shall be interpreted to preclude the work of the Authority being done on private land.

SECTION 19. Notices.

Notices to Members under this Agreement shall be sufficient if delivered to the City Clerk or chief secretarial officer of the Member, or to any other person designated in writing by the Member.

SECTION 20. Prohibition Against Assignment.

SECTION 22. Agreement Complete
The foregoing constitutes the full and complete Agreement of the parties with respect to the subject matter hereof, and supersedes all prior understandings or agreements whether written or verbal. There are no oral understandings or agreement not set forth in writing herein. Any such agreements merge into this Agreement. 12 Joint Exercise of Powers Agreement – DRAFT Amendment 7.18.24 Revision IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized as of the date of approval by the public agencies that are parties hereto. This Agreement shall be executed in counterparts.

Dated:____________________ _______________________________ By:____________________________
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: October 7, 2024
Disposition: Resolution XXXXX
Agenda Item No: 2.g
Meeting Date: October 7, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Sanitation
Prepared by: Doris Toy
District Manager/Engineer
City Manager Approval: ___________
TOPIC: QUITCLAIM OF A SEWER EASEMENT AT 1075 FRANCISCO BOULEVARD EAST SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ELECTING TO VACATE THE 20-FOOT SEWER EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED AT 1075 FRANCISCO BOULEVARD EAST, APN 009-191-37, SAN

RAFAEL, CALIFORNIA
RECOMMENDATION:

Adopt the resolution electing to vacate the 20-foot sewer easement and authorizing execution of a quitclaim deed at 1075 Francisco Boulevard East, Assessor Parcel Number (APN) 009-191-37, San Rafael, California.

BACKGROUND:

In 2021, Marin Hospitality, owner of APN 009-191-37, submitted proposed plans to the San Rafael Sanitation District (“District”) requesting that the existing sewer main and related 20-foot sewer easement, which crossed its property, be relocated to the edge of the property. They were planning to build a hotel, and a portion of the proposed building would be on top of the existing sewer main in the easement.

ANALYSIS:

Marin Hospitality has submitted plans designed by a registered Civil Engineer and has relocated the sewer main to the edge of the property per the approved plans. Marin Hospitality has granted a new sewer easement for the newly installed sewer main to the San Rafael Sanitation District; and it has been accepted by the District Board at their September 20, 2024, San Rafael Sanitation District Board meeting.

Given that the sewer main has been relocated and that Marin Hospitality has executed a new sewer easement for the relocated sewer main, the City no longer has any use for the easement in the former location of the sewer main, and the City seeks to vacate the old easement.

Vacating this easement will not affect the San Rafael Sanitation District’s ability to maintain its infrastructure. The District will still have the access it needs to the sanitary sewer system with the replacement easement.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The proposed resolution authorizes the City Manager to execute a quitclaim deed to vacate the sewer easement.

FISCAL IMPACT:

No additional fiscal impact will result from the adoption of this resolution.

RECOMMENDED ACTION:

ATTACHMENT:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ELECTING TO VACATE THE 20-FOOT SEWER EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED AT 1075 FRANCISCO BOULEVARD EAST, APN 009-191-37,

SAN RAFAEL, CALIFORNIA
WHEREAS, there exists a 20-foot sewer easement on 1075 Francisco Boulevard East, APN 009-191-37 (the “Property”), San Rafael, as recorded in Book 1913, Page 340, with the County on February 25, 1965; and
WHEREAS, the easement is more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, development of a proposed new hotel would have placed the new building over the existing sewer easement and existing sewer main; and WHEREAS, the existing sewer main has been abandoned and a new sewer main has been installed to reroute the wastewater; and
WHEREAS, on September 20, 2024, the owner of 1075 Francisco Boulevard East, APN 009-191-37, San Rafael, executed a grant of easement over a different portion of the Property more particularly described in Exhibit B and shown in Exhibit C for a relocated 20-foot sewer easement through which the new sewer main runs.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

That the City Council of the City of San Rafael, California, hereby authorizes the vacation of the sewer easement at 1075 Francisco Boulevard East, APN 009-191-37, San Rafael, described in Exhibit A, and authorizes the City Manager to execute and cause recordation of a quitclaim deed vacating such easement and to take all other actions necessary to effectuate the purposes of this resolution.

I, LINDSAY LARA, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7th day of October 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

ATTACHMENTS

1. Exhibit A – Description of Easement Recorded in 1965

2. Exhibit B – Description of Easement Recorded in 2024

3. Exhibit C – Depiction of Easement Recorded in 2024
07YICXAL RECORDS COUNTY OF MARIN
� 9
f) , 61, ,� ..

RECORDING REQUESTEO BY
6192 HECOIIIO AT RBl&i (J
l:ity of San Rat'atN
AT 3.5..1111.MSr Du.

FEB 2 5J965. &� ................. ��n�1913 PMc140 )l"f�•- • •1 ---------------..-------__,........_ ___
' . .;��
SPACE ABOVE THIS LINE FOR RECO,ROE�E ---
• AFFIX IJ\.S. $ .•. .. .. IN Tms SPACE
�---------- .·_----_-·--_--_
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--·
_
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_
·· _
A
__
N_T
_
· _D_E_E_D ____
. fOR A VALUABLE CO�Sl[)ERATION, m·eipt of whidt is hrrrhy acknowledged, Kl:RNER~Bf.LWT Rl-:1\L'IY CO.:, a California corpor,ation l
hereby GRANT(S) tt1
. CITY or SA� RAFAEL, a rrunicipal C(>1wmtion
'tho following dc!il:ril�d mil pnipt.'ft�· in thl'
County o( Kar>in
r.itv of Sr.\n Rafael,
, s,�1c of Califowia:
r.asement No, • 1
•. :-----. . . ·"",a;"'"'�
An �asement; 1
0 feet in w
ictth measufled �t rirr.ht M,v,les f'C'Cff\ and Northerly of the follcwi.Tm dr,,scri bed line: At�nmnm :c"\t a point wti.ich bears North 20° 2o t r.ast.52�32 feet, South 69Q 31'. r..ast 4S.OO feet and South 77u 45' East lt.6.50 fMit from the iOORt Southerlv come� of Lot 9 in f\lock Bas •• said, Ipt, and Rlock are -shown on ''Arthur n: J\lrlcan •·s Resubdivision of f.ast�rly Ppt"t�on� of AlO()k� 1,2 and 13, r..ast $an Rafael, rec:or<led Qecernbe't'! '' 1(), l<}l()° in -Volume 3 of �'.
14!)$ at· pare '63, W!r,in County Reoorcls; thence • :
.. f� said . pc,int of bl:1�inninR South 77� 45' .r.ast 169, 24 feet .. rase."V!nt No.. ?
lv1. t�ilsement 2.0 feet in width 10 feet on each sido of the followinv,, desctribed lirie: • nt�INNINP: at a p0int in the center lioo of futttre ��mer Aoulev;irrj, aai<l pohrt; • �i nP.. the raste·rlv tt!minun of the ft')l"\!lJ?,oinp f>rst-� • ment No. l;thence from said point of herdnninr �uth ?0° 78' West 113.36, . foot; thence .alonp; a curve to tho left of .-;Adi us 400 .feet' thrn�h a CE'.ntral ,mgle q°f GOC! 14 I at, arc dis1:ar:tce of 420. 51 feet 1 '. then�e South 19°
49• r.ast 51;40 foot; then� Sooth f;i,.a ?4' 04'' Wogt i.50,71 feeti thence alonp, a 'c'Ut'Ve to the 1�f't of radhm ?00 fe-0t thtou�h a centrnl anple of Lt
"' 15 1 49" an Are distance of 14. 88 foot i. then<� South 500 09.' 15 ° West 160. 1 � foot tYOre '!r. ltt�s to· the cdr-o o.f tho ft"Oflta�e �d <tlonp, State • R()tld fi9 kno.m ;\S' f NmClRCO Poulewn-xl.
. Mor 1913 PAGE 340'
I
l
'i
I
• ! . 1
I

Legal Description of Easement Area

SANITARY SEWER EASEMENT
Legal Description
A 20 foot wide Public Sanitary Sewer Easement over a portion of "Parcel 1" as said parcel is shown and delineated on "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marin County Records, said easement being particularly described as follows:

Beginning at a 3/4 inch iron pipe tagged LS 7237 marking the most easterly corner of the lands of Marin Hospitality, Inc. a California corporation as described by deed recorded November 28, 2018 under Official Records Document Number 2018-0040640, Marin County Records; thence along the southeasterly line of said lands, S 20° 35'47"
W, 30.91 feet, to a 3/4 inch iron pipe tagged LS 7237; thence continuing along said southeasterly line, along the arc of a non-tangent curve to the right as shown on "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marn County Records, whose center bears N 69°
32'00" W, with a radius of 292.50 feet, through a central angle of 29
° 13'22", an arc length of 149.18 feet, to a 3/4 inch iron pipe tagged LS 7237; thence continuing along said southeasterly line, S 49
°
41'22" W, 40.03 feet; thence
leaving said southeasterly line N 40°
18'38" W, 20.00 feet; thence northeasterly, parallel
with the said southeasterly line, 20.00 feet northwesterly from, measured at right angles to said southeasterly line, N 49
°
41'22" E, 40.03 feet; thence along the arc of a curve to the left, tangent with the last preceding course, with a radius of 272.50 feet, through a central angle of 29°
13'22", an arc length of 138.98 feet; thence N 20°
28'00" E, 7.82 feet;
thence parallel with and southwesterly of, measured at right angles to the northeasterly line of said lands of Marin Hospitality, Inc., N 77°
43'38" W, 143.01 feet; thence N
12 °
16'22" E, 20.00 feet, to a point on said northeasterly line; thence along said northeasterly line, S 77
°43'38" E, 166.17 feet, to the point of beginning, affecting an area of 7, 162 square feet, more or less.

Affects a portion of APN 009-191-37
The Basis of Bearings for the above legal description is S 49° 41 '22" W, being the
bearing of the monumented southeasterly line of "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marin County Records.

Date: August 15, 2024
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7.82'
Found 3/4" Iron
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(2021 Maps 115)
This exhibit is for graphic
purposes only. A ny erro rs or
omissions on this exhi b it shall
no t affect the deed description.

Date: September
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13, 2024
Paul M. Brown, PLS 5087
Point of Beginning
saw:REASEMENT

NEW SANITARY
Found 3/4" Iron
Pipe, LS 7237
{2021 Maps 115}
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DETAIL
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SIT£ MAP
'Parcel Map "
Book 2021 of Maps
at Page 115, Marin
County Records
Public Sanitary
Sewer Easement
.....
adobe associates, inc.
civil engineering! land surveying! wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301

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____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.h
Meeting Date: October 7, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio,
Finance Director
City Manager Approval: ______________
TOPIC: TYLER ENTERPRISE RESOURCE PLANNING (ERP) PROJECT SUPPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH KRISCH AND COMPANY FOR CONSULTING AND STAFF AUGMENTATION SERVICES, IN AN INITIAL NOT-TOEXCEED AMOUNT OF $150,000, AND FURTHER AUTHORIZE THE CITY MANAGER

TO AMEND THE CONTRACT UP TO A TOTAL NOT-TO-EXCEED AMOUNT OF $500,000 THROUGH THE DURATION OF THE ENTERPRISE RESOURCE PLANNING IMPLEMENTATION PROJECT.

RECOMMENDATION:

Authorize the City Manager to negotiate and enter into a Professional Services Agreement with Krisch and Company for consulting and staff augmentation services, in an initial not-to-exceed amount of $150,000, and further authorize the City Manager to amend the contract up to a total not-to-exceed amount of $500,000 through the duration of the Enterprise Resource Planning (ERP) implementation project.

BACKGROUND:

The City is in the early stages of implementing a new Enterprise Resource Planning (ERP) to include a consolidated financial system as well as human resources management and payroll system. On February 20, 2024 the City Council approved a multi-year Software Service Agreement with Tyler Technologies for one-time implementation and annual subscription service costs. Funding to support the implementation of the ERP system was included in the FY2024-25 budget, approved by the City Council on June 17, 2024.

As noted in the staff report related to City Council authorization to execute the Software Services Agreement with Tyler Technologies, staff has been planning on identifying additional project support resources to assist in ensuring a successful ERP project implementation. Funding to cover the cost of additional project support was also included in the approved FY2024-25 budget.

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

The first phase of the ERP implementation project is focused on the design, configuration, testing, documentation, and training of the ERP financial system, with a target go-live date of July 1, 2025, concurrent with the start of the new 2025-26 fiscal year. Significant staff resources are being allocated to this priority project over the course of the implementation schedule. In order to ensure a successful implementation, additional project resources are required in two areas – staff augmentation and ERP project support.

Following outreach and solicitation of firms with the ability to provide the required project support, staff is recommending approval of a Professional Services Agreement with Krisch and Company (Krisch) for this engagement. Krisch was initially identified as a firm with resources to available provide staff augmentation for higher-level accounting, audit and financial management support. Principals to be engaged in this role have significant accounting and audit experience and are also familiar with the City’s financial system and financial reporting environment.

In addition, Krisch is able to provide firm resources with direct experience in implementing and working with the Tyler ERP financial system. Resources with direct experience in implementing key modules within the Tyler financial system (ex. Purchasing, Accounts Payable, Contracts, Project/Grants Accounting, and Payroll) have been identified as part of the proposed professional services engagement.

The scope of the initial engagement, not-to-exceed $150,000, is proposed to cover the period from October 2024 through January 2025. Authorization is also being requested to allow for one or more potential contract amendments to extend through the duration of the project implementation schedule through 2025. Additional scope may be added through future contract amendments to the extent that outside resources are required to support Phase 2 of the Tyler ERP project specific to the implementation of the new human resources and payroll system.

The recommended Professional Services Agreement is proposed to be structured as a time-and material contract with billing rates established for the type/category of resources to be provided by Krisch and Company, at the request and discretion of the City. Based on current estimates of the resources expected to be utilized under this agreement, the following is a summary of the not-to-exceed cost associated with this contract:

Cost (Not-to-Exceed)
ERP Project Support
October 2024 – January 2025 $ 150,000 (Initial Engagement) February 2025 – August 2025 350,000
TOTAL (Not-to-Exceed) $ 500,000
FISCAL IMPACT:

The proposed Professional Services Agreement represents an initial commitment of not-to-exceed $150,000 for ERP Project support for the period of October 2024 through January 2025. Authorization is also requested to amend the initial contract up to a total not-to-exceed amount of $500,000 through project completion. Funding to support this agreement is provided through General Fund appropriations included in the FY2024-25 budget specifically for this purpose.

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.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3

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

RECOMMENDED ACTION:

ATTACHMENT:

1. Scope of Services & Billing Rates
3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 W krischcpas.com September 16, 2024
Paul Navazio
Finance Director
City of San Rafael
1375 5th Avenue,
San Rafael, CA 95901
Dear Paul:

This letter is to confirm our understanding of the terms and objectives of our engagement with the City of San Rafael (City), California, as well as the nature and limitations of the services we will provide.

From the period October 1, 2024, to August 31, 2025, we will provide the following services to the City:

1. Staff Augmentation -- various accounting services that may include the following:
o General Accounting
 Day-to-day operations
 Month-end close process
o Accounts Payable support
o Business License support
 Ongoing operations
 Annual renewal process
o Special Projects

2. ERP Implementation Support -- assistance in various aspects of the City’s ERP Implementation Project.

The project consists of design, configuration and testing of the full suite of Tyler/Munis (ERP) modules, including:
o General Ledger / Chart of Accounts,
o Budget,
o Purchasing / Accounts Payable,
o Contract Management,
o Project/Grants Accounting,
o General Billing,
o Human Resources Management, and
o Payroll
3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 W krischcpas.com The total maximum fee for the above services is $150,000. Our fees will be based on the amount of actual time required at various levels of responsibility of our staff. We also charge half of our hourly rates for travel time.

Below are the 2024 and 2025 billing rates of our professional staff: Our billing rates are adjusted annually on Jan 1.

Our engagement is limited to the time period and the accounting services indicated above. As our services are limited in nature, we do not verify or audit any of the information you provide to us. If we notice that an amount appears unusual or out of the ordinary, we will call it to your attention, but our engagement cannot be relied upon to disclose errors, fraudulent financial reporting, misappropriation of assets, or noncompliance with laws and regulations that may have occurred. However, we will inform the appropriate level of management of any material errors and of any evidence or information that comes to our attention during the performance of our engagement that fraud may have occurred. We will also report to the appropriate level of management any evidence or information that comes to our attention regarding noncompliance with laws and regulations that may have occurred, unless it is clearly inconsequential. By your signature below, you understand and agree that you are responsible for preventing and detecting fraud. Should you wish us to expand our procedures to include additional work and investigations, we will arrange this with you in a separate engagement letter.

Our fees and costs for work will be billed monthly. Invoices unpaid 30 days past the billing date may be deemed delinquent and are subject to an interest charge of 1.0% per month. We reserve the right to suspend our services or to withdraw from this engagement in the event that any of our invoices are deemed delinquent. In the event that any collection action is required to collect unpaid balances due us, you agree to reimburse us for our costs of collection, including attorneys' fees.

If billings are past due in excess of 90 days of the invoice date, at our election, we may stop all work until your account is brought current or withdraw from this engagement. The City acknowledges and agrees that we are not required to continue work in the event of the City’s failure to pay on a timely basis for services rendered as required by this engagement letter. The City further acknowledges and agrees that in the event we stop work or withdraw from this engagement as a result of the City’s failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services.

It is our policy to keep records related to this engagement for seven years. However, we do not keep any original client records, so we will return those to you at the completion of the services rendered under this engagement.

It is your responsibility to retain and protect your records (which includes any work product we provide to you as well as any records that we return) for possible future use, including potential examination by government or regulatory agencies. We do not accept responsibility for hosting client information; therefore, you have the sole responsibility for ensuring you retain and maintain in your possession all your financial and non-financial information, data and records.

Calendar Year Calendar Year
2024 2025
Hourly Hourly
Rates Rates
Partners $346 $363
Managers $200 to $225 $210 to $236
Sr. Consultant $225 $225
Payroll Specialist $159 $167
Supervisors $140 to $195 $144 to $200
Senior Associates $124 to $131 $130 to $140
Associates $94 to $108 $99 to $113
Administrative Staff $76 $80
3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 W krischcpas.com If a dispute arises among the parties hereto, the parties agree to first try in good faith to settle the dispute by mediation administered within the county of Contra Costa, California, by a mediation organization, under its applicable rules for resolving professional accounting and related services disputes before resorting to litigation.

The costs of any mediation proceeding shall be shared equally by all parties.

If, after full consideration and consultation with counsel if so desired, you agree that the foregoing terms shall govern this engagement, please sign the copy of this letter in the space provided and return the original signed letter to me, keeping a fully executed copy for your records.

Thank you for your attention to this matter, and please contact me with any questions that you may have.

Very truly yours,
Krisch & Company
ACCEPTED AND AGREED:

RESPONSE:

This letter correctly sets forth the understanding of City.

By: ________________________________________
Title: ________________________________________
Date: ________________________________________
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.i
Meeting Date: October 7, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski
Assistant City Manager
City Manager Approval: ______________
TOPIC: PROHIBITION OF CAMPING ON SOUTH MAHON CREEK PATH SUBJECT: ORDER OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE PROHIBITION OF

CAMPING ON THE SOUTHERN PORTION OF THE MAHON CREEK PATH BETWEEN LINCOLN AVENUE AND ANDERSEN DRIVE.

RECOMMENDATION:

Adopt the resolution prohibiting camping on the South Mahon Creek Path pursuant to San Rafael Municipal Code Section 19.50.030(B).

BACKGROUND:

On September 9, 2024, the City Manager of San Rafael issued an Administrative Order (Attachment 1) authorizing the creation of a Sanctioned Camping Area along the North Mahon Creek Path and prohibiting camping in that location to facilitate its creation. When the September 9, 2024, Administrative Order is lifted, the City anticipated that camping along the North Mahon Creek Path will be permitted only as part of the Sanctioned Camping Area.

The Sanctioned Camping Area will cover the section along Mahon Creek Path from Francisco Boulevard West to Lincoln Avenue (“Northern Mahon Creek Path”). Funding for the Sanctioned Camping Area comes from State Encampment Resolution Fund (ERF-3) grant funds awarded to the City of San Rafael and the County of Marin in April 2024. The Sanctioned Camping Area will include up to 50 tent sites for enrolled participants and is anticipated to be operational for 12-18 months.

Section 19.50.030(B) of the San Rafael Municipal Code provides the authority to the City Council and the City Manager to “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.” With the establishment of the Sanctioned Camping Area, staff recommends the City Council prohibit camping on the South Mahon Creek Path.

ANALYSIS:

The Sanctioned Camping Area intends to provide safe and secure campsites for participants. The City has determined that enacting a camping prohibition on the southern portion of Mahon Creek Path from SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Lincoln Avenue to Anderson Drive (“South Mahon Creek Path”) will aid the City’s intent of creating a safe and secure environment. This camping prohibition on South Mahon Creek Path will limit individuals from camping near the Sanctioned Camping Area.

Prohibiting camping around sanctioned camping sites is considered a best practice as it encourages participation in structured and secure camping programs and ensures that limited resources and services are focused on those within the designated area. Similar measures have been implemented in other jurisdictions. For example, the City of Rohnert Park established a "Safe Sleeping Program" and included a city ordinance prohibiting unauthorized camping within 1,000 feet of any facility offering shelter, safe sleeping, or safe parking for homeless individuals. This provision prevents unregulated encampments from forming near regulated ones. Similarly, the City of San Francisco implemented such practices at its Embarcadero Navigation Center, discouraging individuals from camping outside while awaiting program acceptance.

Individuals camping on South Mahon Creek Path and not participating in the Sanctioned Camping Area will be permitted to camp elsewhere in the City, subject to the Camping Ordinance in Chapter 19.50 of the San Rafael Municipal Code.

The proposed resolution (Attachment 1) prohibits camping on the South Mahon Creek Path effective October 10, 2024, at 8:00 AM. The prohibition shall remain in effect until a subsequent administrative order of the City Council or the City Manager rescinds or modifies the prohibition.

COMMUNITY OUTREACH:

The City has held many individual meetings with businesses, residents, and other community groups regarding the City’s response to homelessness, including the Sanctioned Camping Area program. On October 3, 2024, the City held a community-wide webinar. An additional webinar for Davidson Middle School guardians and faculty is planned for October 24, 2024. Additionally, the City has developed specific social media messaging, a detailed storyboard about the City’s response to homelessness in San Rafael, and an updated City website covering frequently asked questions, encampment regulations, and other information on the City’s response to homelessness.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of this order. Funding for the Sanctioned Camping Area, including all start-up and clean-up costs, is provided through the Encampment Resolution Fund Round 3 grant award as well as the State appropriation secured by Senator McGuire. The City Council approved budget appropriations and related contract authorizations at their August 19, 2024, meeting.

RECOMMENDED ACTION:

Adopt the resolution prohibiting camping on the South Mahon Creek Path pursuant to San Rafael Municipal Code Section 19.50.030(B).

ATTACHMENTS:

1. Resolution prohibiting camping on the South Mahon Creek Path pursuant to San Rafael Municipal Code Section 19.50.030(B).

2. September 9, 2024, Administrative Order
RESOLUTION NO.

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

ORDERING THE PROHIBITION OF CAMPING ON SOUTH MAHON CREEK PATH WHEREAS, Homelessness remains a significant challenge across the United States and San Rafael is no exception; and
WHEREAS, the City Council through their Fiscal Year 2023-24 and 2024-25 Goals and Objectives has made Housing and Homelessness one of their top priorities; and WHEREAS, the California Interagency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of (1) Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; (2) Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and (3) Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments; and WHEREAS, The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding; and
WHEREAS, the City and County proposed utilizing the funds to address San Rafael’s largest encampment, and Marin County’s largest urban encampment, known as the Mahon Creek Area encampment, in two phases; and
WHEREAS, on August 19, 2024, the City Council authorized the City Manager to execute and enter into agreements for services for the first phase of the ERF3 grant program, including use of the funds to establish a sanctioned camping area; and

WHEREAS, on September 9, 2024, the City Manager issued an Administrative Order authorizing creation of a sanctioned camping area along the North Mahon Creek Path and prohibiting camping in that location to facilitate the creation of the Sanctioned Camping Area; and
WHEREAS, the intent of the Sanctioned Camping Area is to provide safe and secure campsites for participants. The City has determined that enacting a camping prohibition on the southern portion of Mahon Creek Path from Lincoln Avenue to Anderson Drive (“South Mahon Creek Path”) will aid the City’s intent of creating a safe and secure environment; and WHEREAS, this camping prohibition on South Mahon Creek Path will limit individuals from camping near the sanctioned camping area to take advantage of its services or engage in behavior that is counter to the mission of the sanctioned camping area.

NOW, THEREFORE BE IT RESOLVED, pursuant to authority vested in the City Council under Section 19.50.030(B) of the San Rafael Municipal Code to “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,”; and
FURTHER BE IT RESOLVED, the City Council of the City of San Rafael does hereby order, effective on October 10, 2024, at 8:00 AM, camping is prohibited on South Mahon Creek Path.

The prohibition shall remain in effect until a subsequent administrative order of the City Council or the City Manager rescinds or modifies the prohibition.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 7th day of October 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk

EXHIBIT A

CITY OF SAN RAFAEL ADMINISTRATIVE ORDER

ADMINISTRATIVE ORDER PROHIBITING CAMPING ON SOUTH MAHON CREEK This Administrative Order of the City Council of the City of San Rafael prohibits camping on the southern portion of the Mahon Creek Path. This Order is effective as of October 10, 2024 at 8:00 AM (the “Effective Date”). This Order is being issued pursuant to the authority of the City Manager, under San Rafael Municipal Code section 19.50.030(B), to “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.”
I. BACKGROUND
On September 9, 2024, the City Manager of San Rafael issued an Administrative Order authorizing creation of a Sanctioned Camping Area along the North Mahon Creek Path and prohibiting camping in that location to facilitate the creation of the Sanctioned Camping Area. The City anticipates that when the September 9, 2024 Administrative Order is lifted, camping along the North Mahon Creek Path will be permitted only as part of the Sanctioned Camping Area.

The Sanctioned Camping Area will cover the section along Mahon Creek Path from Francisco Boulevard West to Lincoln Avenue (“Northern Mahon Creek Path”). Funding for the Sanctioned Camping Area comes from ERF-3 grant funds awarded to the City of San Rafael and the County of Marin in April 2024. The Sanctioned Camping Area will include up to 50 tent sites for enrolled participants, and is anticipated to be operational for 12-18 months.

The intent of the Sanctioned Camping Area is to provide safe and secure campsites for participants. The City has determined that enacting a camping prohibition on the southern portion of Mahon Creek Path from Lincoln Avenue to Anderson Drive (“South Mahon Creek Path”) will aid the City’s intent of creating a safe and secure environment. This camping prohibition on South Mahon Creek Path will limit individuals from camping near the Sanctioned Camping Area to take advantage of its services or engage in disruptive behavior that is counter to the mission of the Sanctioned Camping Area.

Individuals who are camping on South Mahon Creek Path and do not participate in the Sanctioned Camping Area will be permitted to camp elsewhere in the City, subject to the Camping Ordinance in Chapter 19.50 of the San Rafael Municipal Code.

II. ORDER
NOW, THEREFORE, pursuant to authority vested in the City Council under Section

19.50.030(B) of the San Rafael Municipal Code to “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,” the City Council of the City of San Rafael hereby orders as follows:

1. Effective October 10, 2024 at 8:00 AM, camping is prohibited on South Mahon Creek Path. The prohibition shall remain in effect until a subsequent administrative order of the City Council or the City Manager rescinding or modifying the prohibition.

San Rafael City CouncilOctober 7, 2024

San Rafael City Council
October 7, 2024