San Rafael City Council
October 21, 2024

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 21, 2024
SPECIAL MEETING AT 4:00 P.M.

REGULAR MEETING AT 6:00 P.M.

This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

SPECIAL MEETING AT 4:00 P.M.

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

Watch on Zoom Webinar: https://tinyurl.com/sm-2024-10-21 Listen by phone: (669) 900-9128
ID: 864-1778-9735#
One Tap Mobile: +16699009128,,86417789735# US
INTERVIEWS:

1. Interviews
a. Planning Commission Interviews
Interview Applicants and Make One Appointment to Fill One Unexpired Four-Year Term Through the End of October 2027 on the Planning Commission Due to the Resignation of Shingai Samudzi (CC)
Recommended Action – Make Appointment
OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:45 P.M.

2. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:45 P.M.

3. Closed Session:
a. Public Employee Performance Evaluation – City Manager (Government Code Section 54957(b)(1))

REGULAR MEETING AT 6:00 P.M.

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

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-10-21 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

4. City Manager and Councilmember Reports:

CONSENT CALENDAR:

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

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special City Council Meeting of October 7, 2024 (CC) Recommended Action - Approve minutes as submitted
b. Legal Services Agreement
Professional Services Agreement with Burke, Williams & Sorensen, LLP for General Municipal Legal Services, in an Amount Not to Exceed $420,000 (CA) Recommended Action – Authorize the City Manager to negotiate and enter into a professional services agreement with Burke, Williams & Sorensen, LLP for general municipal legal services, in an amount not to exceed $420,000
c. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services agreement with 4LEAF, Inc. for On-Call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $100,000 (CED) Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call building plan review and inspection consulting services in an amount not to exceed $100,000
d. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services Agreement with Coastland Engineering, LLP for On-Call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $200,000 (CED) Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Coastland Engineering, LLP, for on-call building plan review and inspection consulting services in an amount not to exceed $200,000 e. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services Agreement with Interwest Consulting Group for On-call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $150,000 (CED) Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000 3 f. California State Preschool Program Continued Funding Application and Renewal of Contract for Fiscal Year 2025-26
Resolution Authorizing the City of San Rafael to Apply for Continued Funding and Renewal of California State Preschool Program Contract with the California Department of Education (LR)
Recommended Action – Adopt Resolution
g. Proclamations
Proclamations Supporting Disability Employment Awareness Month, National First Responders’ Day and Code Enforcement Officer Appreciation Week Recommended Action – Receive and File
h. San Quentin Pump Station Reconstruction
Authorize and Award Agreements for San Quentin Pump Station Reconstruction Project, Including (PW):
i. A Second Amendment to Professional Services Agreement with Alpha CM, Inc. for Additional Construction Management, Inspection, and Testing Services, In an Additional Amount of $167,247, Increasing the Total Not-To-Exceed Amount of the Agreement to $950,174.88
Recommended Action – Authorize the City Manager to enter into a Second Amendment to Professional Services Agreement with Alpha CM, Inc. for additional construction management, inspection, and testing services, in an additional amount of $167,247, increasing the total not-to-exceed amount of the agreement to $950,174.88 ii. A Fourth Amendment to Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for Additional Construction Support Services, In an Additional Amount of $24,273, Increasing the Total Not-To-Exceed Amount of the Agreement to $548,153
Recommended Action – Authorize the City Manager to enter into a Fourth Amendment to Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for additional construction support services, in an additional amount of $24,273, increasing the total notto-exceed amount of the agreement to $548,153

SPECIAL PRESENTATIONS

6. Special Presentations:
a. Presentation from MarinMOCA Regarding Their Relocation to San Rafael and Upcoming Events

PUBLIC HEARINGS

7. Public Hearings:
a. Request to Amend the City of San Rafael’s Downtown Precise Plan Resolution Approving an Amendment to The Downtown Precise Plan to Remove All References that designate 1030 Third Street as an Eligible Historic Resource (CED) Recommended Action – Adopt Resolution
b. Dominican Valley (REMOVED FROM AGENDA)
The Appeal of an Incompleteness Determination regarding a Development Application for Dominican Valley Housing Development including Conceptual Design Review, Environmental and 4 Design Review, Tentative Subdivision Map Application and Density Bonus Application (APN 015- 163-03) (CED)
***Removed from Agenda***

OTHER AGENDA ITEMS

8. Other Agenda Items:
a. Marin Transit Potential Land Use in the Canal Neighborhood Informational Report on Marin Transit Request for General Plan 2040 Conformance Determination and Potential Land Use in the Canal Neighborhood (CED) Recommended Action – Accept report

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

ADJOURNMENT:

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

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1.a
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PLANNING COMMISSION INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE ONE APPOINTMENT TO FILL

ONE UNEXPIRED FOUR-YEAR TERM THROUGH THE END OF
OCTOBER 2027 ON THE PLANNING COMMISSION DUE TO THE

RESIGNATION OF SHINGAI SAMUDZI
RECOMMENDATION:

Interview the following applicants and make an appointment to fill one unexpired fouryear term through the end of October 2027 on the Planning Commission due to the resignation of Shingai Samudzi.

Name
Alexander Vollmer
Danielle O’Leary
Gianna Scotto
Leslie Stone
Matthew Landry
Raoul McDuff
BACKGROUND:

Interviews were scheduled for Monday, October 7th at a Special City Council meeting, however, two applicants were unable to attend due to last minute scheduling issues, and another applicant withdrew. The City Council continued the agenda item to a future meeting when all applicants would be available.

The Planning Commission consists of community volunteers appointed by the City Council to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with the City’s longrange General Plan, State laws, and other public policies that advance the interests of our community. Meetings are held on the second & fourth Tuesdays at 7:00 p.m.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The term of Shingai Samudzi was set to expire at the end of October 2027; however, Shingai Samudzi resigned due to moving outside of city limits.

The City Clerk’s office opened recruitment and left applications for all boards, commissions, and committees (BCCs) open, including the Planning Commission. The City Clerk’s office received a total of thirteen eligible applications for the vacancy. Four of the applications were withdrawn, leaving nine remaining applicants. Due to the volume of applications received, staff forwarded the applications to the City Council Liaison for their review to determine which six (6) applicants would move forward to the interview process.

The City Council Liaison selected the six (6) applicants to move forward.

ANALYSIS:

Staff recommends the City Council interview the six (6) applicants and appoint one applicant to the Planning Commission, with the term to expire at the end of October 2027.

FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The recruitment for the Planning Commission was advertised through mass email notification, the City website, social media platforms, and the Marin IJ, and it was physically posted at City facilities.

ATTACHMENT:

1. Six (6) Applications
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Alexander Vollmer Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 1/Southern / Distrito 1/Sur
Q3
How long have you lived in San Rafael?
45 Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
Other (please specify):

Newspaper (Independent Journal) notice of vancancies
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
#80

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, August 07, 2024 2:59:35 PM
Last Modified: Wednesday, August 07, 2024 3:16:16 PM
Time Spent: 00:16:41
IP Address: 73.70.94.32

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? I am the Presient of the Spinnaker Point Homeowners Assocation; I vote Q19
List any civic organizations of which you are a member:

None; Prior Member of the Matin County Civil Grand Jury.

Q20
Education:

Bachelor's degree in Civil Engineering
Masters degree in Civil Engineering (Stuctural & Geotechnical) Q21
Why are you interested in serving on a board or commission? I may be able to use my educational & professional experience in the performance of Planning Comission discussions and decisions.

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

None that I am aware of.

Q23
Upload your resume.

Respondent skipped this question
Q24
Ethnicity / Raza/etnia:

Boards, Commissions & Committees Application
3 / 3
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
ALEXANDER B. VOLLMER, P.E.

PROFESSIONAL REGISTRATIONS/LICENSES:

Professional Engineer (Civil) - New York (No. 045638-1, 1970) - Inactive California (No. C 054817, 1995), Inactive
PROFESSIONAL EDUCATION:

Bachelor of Civil Engineering - Cornell University, Ithaca, NY (5 year program) Master of Civil Engineering - Cornell University, Ithaca, NY (2 year program) Major - Structural Design & Analysis
Minor - Geotechnical Engineering
Proficient in spoken and written Spanish and spoken German PROFESSIONAL CONSULTING EXPERIENCE:
1996 to Present: VOLLMER CONSTRUCTION CONSULTANCY, Principal San Francisco & San Rafael, CA
Providing civil engineering and construction consulting services including technical advice, dispute resolution assistance and expert testimony to owners, contractors, Engineers, Architects, underwriters, adjusters and their legal counsel. Services include construction contract claim preparation and analysis utilizing Critical Path Method (CPM) schedule techniques, loss of labor productivity studies and liability assessments; Construction project performance evaluations (including Standard of Care assessments); Construction contract and Proposed Change Order (PCO) review for causation and betterment; Marine & non-Marine Property and casualty loss investigations, causation opinions and reconstruction estimates; Personal injury investigations and opinions of liability; Pre-litigation support services including interrogatory and opposing expert deposition question preparation; Attendance at opposing expert deposition; Provision of expert testimony at deposition, mediation, arbitration and trial. Service as a member of Dispute Resolution Board (DRB) forums.

Major Assignments:

Damage to a gypsum loading terminal: Assisted in the defense of a $10 million claim by a loading terminal facility against a shipping company for costs of replacement of a breasting dolphin allegedly damaged by a 70,000 DWT berthing vessel. Forensic work included examination of the appropriate dolphin design berthing approach velocity (per PIANC guidelines) and the efficacy of the construction, maintenance and repair of the damaged berthing dolphin prior to the incident. Provided expert testimony in deposition and in trial in Federal District Court.

Sub-contractor pass-through claim against State Transportation Authority: On behalf of a state transportation authority, Mr. Vollmer provided an analysis of a contractor’s $600,000 claim for direct and delay damages and Liquidated Damages relief. Mr. Vollmer created an As-Built schedule from project records and determined the As-Built Critical Path. He also identified contractor delays and inefficiencies and non-compliance with owner supplied equipment. In addition, Mr. Vollmer provided expert testimony in deposition and arbitration, which resulted in a determination of no liability on the part of the authority.

Alexander B. Vollmer, P.E.

Project Management for Pedestrian Wharf: On behalf of a marine contracting firm, provided daily on-site project management of a $6MM reconstruction of a timber wharf to a cast-in-place and precast deck panel promenade on the San Francisco Bay waterfront. Coordinated trade crews, interfaced with Owner representatives, prepared and updated Project Schedules, attended weekly Progress Meetings, coordinated multiple subcontractors and supplier to insure project completion by scheduled date.

Vessel Damage at Wood Chip Loading Dock: Investigation, analysis and expert testimony in Federal Court on behalf of facility owner as to the adequacy of a chip loading dock for ocean-going vessels, in defense of a $27 million claim by vessel owner for negligence in the maintenance and operation of the facility. Full judgment in favor of client/owner of loading facility.

Contractor Claim for Damages against Owner: Analysis of a contractor’s pre-bid investigation and post-award performance during trenching for fiber optic cable installation. Expert testimony in arbitration as to the contractor’s performance vs. schedule and liability for damage recovery.

Subcontractor Claim for Damages against Architect: Analysis of a claim of design negligence resulting in project delays in completion of an airport terminal. Expert presentation in mediation as to actual schedule impact resulting from subcontractor’s interpretation of design elements. 1989 to 1996: HIGH-POINT RENDEL, General Manager, Senior Consultant (Previously High-Point Schaer & Schaer Associates)
San Francisco, CA
Opened and managed the Northern California office of an international construction consulting group.

Performed as Project Executive or Project Manager for a wide range of projects including construction project claim development and analysis, dispute resolution assistance including expert testimony, construction project schedule analyses and loss of productivity studies, contracts review, property loss assessments and preparation of reconstruction estimates, construction project related casualty (personal injury) loss claim investigations and litigation assistance, financial risk assessments, surety bond claim investigations & estimates to complete construction and Architect/Engineer Standard of Care assessments.

Provided expert testimony as to liability for construction schedule impacts and project delays based on CPM schedule analyses, on responsibility for site safety, on appropriateness of contractor’s construction means and methods, on reasonableness of reconstruction schedules, on contractor’s interpretation of information provided in plans and specifications, on reasonableness of claimed costs and methodology of their calculation and on sufficiency of specifications provided to contractors in bidding documents.

Alexander B. Vollmer, P.E.

Major assignments:

Santa Rita (CA) Replacement (Detention) Facility: Analysis of Owner’s $16 million claim against the design Architects/Mechanical Engineers for delay damages on a $150 million project including a CPM schedule analysis and determination of liability for direct cost damages.

Sacramento County (CA) Jail: Analysis of a Contractor’s $20 million ‘modified total cost/total time’ claim for delay and disruption against the design Architects for errors and omissions.

University of North Carolina Co-generation Plant: Analysis of a design build Contractor’s $36 million direct cost and delay claim against the Owner for impacts due to differing site conditions, changes and operational interferences during boiler replacement in an operating facility.

Cabrillo Beach (CA) Marina: Development of a sub-contractor’s claim for delay and disruption damages against the General Contractor and Owner during construction of a $22 million, 1500 slip pleasure boat marina.
1988: VOLLMER CONSTRUCTION CONSULTANTS, Principal
San Francisco & San Rafael, CA
Provided technical assistance including direct and delay claim analysis and quantification using CPM methodology to owners, contractors, attorneys & Architects/Engineers. Provided and implemented construction project control and management systems. Provided fact witness testimony.

PROFESSIONAL CIVIL CONTRACTING EXPERIENCE:
1982 to 1988: CROWLEY MARITIME CORPORATION, Area & Projects Manager San Francisco, CA
Area Construction Manager and Senior Projects Manager for a major heavy civil marine works construction firm. Direct responsibility for Northern California and Alaska operations including supervision of individual Project Managers to insure on-time and in-budget project completions.

Responsibilities included estimating and bidding of public and private projects and contract negotiation of non-bid projects. Developed and implemented project controls, handled labor relations/ negotiations, liaised with public and private client representatives and coordinated with in-house and external legal counsel for claims arbitration and litigation support. Provided direct project management services in specialty situations. Projects included near-shore concrete pile supported, cast-in-place concrete deck wharves, timber pile supported bridge fender repair works, jetted and driven concrete pile and precast concrete module marina construction, steel pile supported Synchrolift dock installation, dredging and other projects employing marine pile driving derricks and associated equipment including barge mounted heavy lift cranes, tug boats and supply barges.

Alexander B. Vollmer, P.E.

1964 to 1982: RAYMOND INTERNATIONAL, Inc. & Worldwide Subsidiaries:
1979 to 1982: HEALY TIBBITTS CONSTRUCTION CO., Projects Manager San Francisco, CA
Projects Manager/Estimator for heavy civil marine construction works contractor with operations on U. S. West Coast and South America. Projects included sanitary outfalls, bridge construction rehabilitation, marina construction, sub-sea oil pipeline installation and marine facilities repair works.

Responsibilities included identification of appropriate projects, proposal preparation, bidding, contracts negotiation, establishment and implementation of project management systems, on-time and in-budget execution of work, preparation and negotiation of change orders and claims administration including interface activities with public and private client representatives, in-house and external counsel and underwriter claim managers.
1977 to 1979: RAYMOND INTERNATIONAL BUILDERS, Inc., District Manager Lagos, Nigeria
General Manager of in-country Sales/Administrative/Operations office with multi-national (expatriate and local) office and trade worker staffs. Responsible for construction project development and sales, including estimating, contract preparation and negotiation, change order preparation and negotiation and claims resolution for multi-contract infrastructure development program including foundation projects for bridges, highways, marginal and relieved wharves and docks utilizing concrete cylinder, steel pipe and sheet piling. Assumed responsibility for field Construction Management of projects including equipment and materials logistics, completion schedules and project cost vs. budget. 1976 to 1977: RAYMOND INTERNATIONAL, Inc., Project Manager London, England, Almeria, Spain & Arzew, Algeria
In-country Engineer/Supervisor managing and coordinating the planning, design and negotiating contracts for the modification and mobilization of major specialty marine pipe laying equipment for use in a $20 million sub-sea precast concrete cooling water intake tunnel project in the Mediterranean Sea. Assisted with negotiations between the Owner (Algerian government) and the Construction Manager (Bechtel) for sale of the equipment spread to the Owner and for the work accomplished. 1974 to 1976: RAYMOND-KIEWIT-TIDEWATER JV, Area Superintendent Cove Point (Chesapeake Bay), MD
On-site Engineer responsible for the on-time, in-budget completion of a $25 million marine berthing portion of an LNG offloading and storage facility. Project included pre-cast concrete cylinder pile jetting/ driving operation, pre-cast and cast-in-place concrete deck construction, steel sheet pile cofferdam and large diameter steel pile supported concrete mooring dolphin installation. Directly supervised five Assistant Superintendents and trade union force of 100+. Managed floating equipment fleet including two barge mounted pile drivers (one jack-up unit), three heavy lift crane barges, a floating concrete batching plant, supply barges and a fleet of service launches and tugboats.

Alexander B. Vollmer, P.E.

1971 to 1974: RAYMOND CONSTRUCTION CO. of TRINIDAD, Project Manager Galeota Point, Trinidad, W.I.

In-country Engineer/supervisor with on-site responsibility for construction, budget and completion schedule of several consecutive projects including installation of a 1700 meter long steel sheet pile earth-filled jetty, dredging of a supply vessel turning basin and installation of concrete anchoring weights on a sub-sea offshore pipeline for an international oil company. Responsibilities included field management of expatriate and local labor force; in-country client relations; subcontracts preparation, negotiation & supervision and claims preparation & negotiation with U.S. Owner. 1970 to 1971: RAYMOND-DRAVO-LANGENFELDER JV, Assistant Superintendent, Superintendent, General Superintendent
Annapolis, MD
On-site Engineer/supervisor responsible for planning and prosecution of installation of precast concrete cylinder pile supported, precast concrete beam and cast-in-place concrete deck structures for approaches to the second Chesapeake Bay suspension bridge crossing. Supervised pile jetting/driving, precast and cast-in-place concrete work. As General Superintendent responsible for all off-shift pile driving, tremie concrete placement in Potomac-type piers and cast-in-place anchorage pier construction. Also responsible for fleet of marine equipment including crane barges, supply barges, concrete batch plant, and service launches and tugboats. 1969 to 1970: RAYMOND METAL PRODUCTS Co., Owner’s Representative Baltimore, MD
On-site Engineer responsible for oversight of third party contractor’s schedule and performance during expansion of Company’s operating metal products plant. Activities included construction contract negotiation, design engineer liaison and construction coordination to permit continuation of plant activities during construction period.
1968 to 1969: RAYMOND TECHNICAL FACILITIES, Inc., Civil Engineer New York, NY
Office Engineer responsible for planning of design projects, structural design and drafting for foundation design projects. Assisted with preparation of engineering design proposals. 1967 to 1969: CONSORCIO RAYMOND – BROWN & ROOT, Field Superintendent Maracaibo, Venezuela
In-country marine Civil works Superintendent responsible for on-site prosecution of work activities and maintenance of schedule for construction of an offshore (mid-Lake) natural gas recompression platform. Responsibilities included overseeing concrete cylinder pile driving, placement of pre-cast concrete deck modules, cast-in-place concrete batching and placement and erection of fabricated steel members. Supervised expatriate and in-country labor force operating barge mounted pile driver, two heavy lift barge mounted derricks, barge mounted concrete batching plant and various tugboats and supply barges. Directed three Assistant Superintendents and a surveying crew.

Alexander B. Vollmer, P.E.

1967: RAYMOND INTERNATIONAL, Inc., Engineering Liaison
Cabinda, Angola & New York, NY
In-country Liaison Engineer responsible for explaining to prospective owner/client various preliminary design and construction proposals for a marine crude oil collection and loading facility being proposed by Company’s Stateside engineering group. Interfaced with prospective client’s in-country operations team to develop facility design parameters to assist with Company’s final design/build proposal.

Researched and assembled local labor, materials and services cost data for development of proposal.

Presented and explained final proposal to prospective client. 1965 to 1967: CONSORCIO RAYMOND–BROWN & ROOT, Engineer/Superintendent Maracaibo, Venezuela
On-site Civil Engineer responsible for steel fabrication yard materials ordering, optimum usage determinations and piece layout for fabrication. As Superintendent, assisted marine piling and steel erection operations with scheduling and project layout. 1965 to 1965: CORPORACION RAYMOND, S.A., Engineer/Superintendent Trainee Puerto Rico
On-site Engineer responsible for layout, installation and quality control of building foundation and near-shore facilities Step-Taper (driven steel shell) and steel pipe piling projects. Coordinated concrete pouring, equipment scheduling and materials logistics for these projects. Responsible for damage assessment and layout for reconstruction of fendering dolphins at offshore molasses loading terminal damaged by ocean-going vessels.

PROFESSIONAL CONSTRUCTION & CONSULTING SPECIALTIES:

Planning, design coordination, estimating, scheduling and execution of onshore and near-shore heavy civil land and marine foundation construction projects.

Project experience includes concrete and steel pile supported marginal wharves, marine loading terminals, jetties, piers, pile supported bridge fendering systems, segmented concrete and steel pipe offshore outfalls (wastewater discharge and water intake), onshore and offshore bridge foundations (caisson and pile supported), stationary oilfield platforms, oil/gas tanker loading/unloading piers, sea walls, floating and fixed marina installation and repair slope revetments and dredging operations in connection with some of these projects.

Pile driving experience includes timber, concrete, concrete cylinder, steel pipe and H-beams as well as steel and concrete sheet piling.

Experienced in the selection, deployment and on-site management of land and marine construction equipment including derrick barges, concrete batch plants, pile drivers, supply barges and service launches and tugboats.

Alexander B. Vollmer, P.E.

Experienced in proposal preparation (estimating, bidding, presentation), constructability reviews, owner/designer liaison, contract review, development and implementation of project control and management systems, project scheduling, project management and closeout, claims preparation and negotiation and technical support for mediation, arbitration and litigation related to constructed facilities.

Experienced in identification, analysis and evaluation of construction project documents and claims related to schedule delay/impact, extended performance, scope change, loss of productivity and disruption. Experienced in the analysis of As-Planned and As-built schedules and preparation and presentation of delay and performance related analyses.

Experienced in the investigation, analysis, costing and negotiation of Maritime facility loss claims to docks, wharves, bridge fendering, mooring dolphins, marine construction equipment, levees, revetments, etc.

Experienced in the preparation and use of explanatory exhibits for use in adjudicative forums as well as in the provision of expert testimony in these forums. (Current as of 11-Sep-24)
From: [email protected] <[email protected]>
Sent: Wednesday, August 21, 2024 3:46 PM
To: Info <[email protected]>; Open Data <[email protected]> Subject: New submission from Contact City Council
Name
Bruce Raful
Email
Subject
new Planning Comm membrs
Message
Mayor Kate and council members, my very good friend Alex Vollmer has applied to be a planning commissioner and I write to highly commend him to you. Alex is president of our local HOA and does a really good job for our Spinnaker community. He is an engineer by profession, very well organized, and would be a great asset to our city. Please give his application your closest attention.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Danielle O'Leary Address / Dirección
City / Ciudad San Rafael
State / estado California
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
7 years
Q4
Business Information
Company Prologis
Address Pier 1, Bay 1
City/Town San Francisco
ZIP/Postal Code 94111
#92

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, October 11, 2024 11:05:31 AM
Last Modified: Friday, October 11, 2024 11:14:58 AM
Time Spent: 00:09:27
IP Address: 163.116.140.94

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Social Media
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Worked for local municipal governments for 20+ years, in a variety of roles supporting economic development and community development programming.

Q19
List any civic organizations of which you are a member:

N/A
Q20
Education:

Bachelor of Arts Degree in Business Administration, Minor in Communications.

Q21
Why are you interested in serving on a board or commission? I live in San Rafael, and community development and economic development is very important to me. Serving in a volunteer role that helps our city's resiliency in local infrastructure and economics is very important to me. Planning Commission has a direct correlation to impacting these focus areas.

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

I work for a large Industrial Real Estate Investment Trust (REIT). However, the company I work for, Prologis has no land holdings in San Rafael, or Marin County.

Q23
Upload your resume.

Respondent skipped this question

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

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

DANIELLE O'LEARY
| San Rafael, CA 94903

EXECUTIVE LEADER, PUBLIC SECTOR
Local & State Affairs, Government Relations, Urban Planning, and Economic Development Highly strategic, enterprising executive and energizing force for positive change with expertise in economic and community development. Passion for opening growth opportunities that drive innovation, community, and sustainability.

Project management experience and technical acumen in business development, public policy, and project delivery in areas related to finance, community development, and capital mobilization. Deep experience:
• Influencing advocacy and reputational efforts with policymakers, regulators, municipalities, businesses, and communities to shape policy environment and marketplace. Pioneered legislation in new business space (cannabis). • Cultivating strategic partnerships with industry and community groups, effectively connecting seemingly separate entities, and building consensus among diverse personalities (C-suite, government officials, business owners, residents).
• Developing government relations and programs focused on commercial real estate development and city planning with deep understanding of zoning and complex regulatory environments/legal frameworks. • Communicating, influencing, and changing mindsets among City Council, boards, and commissions to advance goals and policies, demonstrating courage in the face of conflict and thoughtful consideration of win/lose outcomes.

EXECUTIVE PATH
Director of Development & Local Partnerships | Prologis I $4.4B Industrial REIT Jul 2022-Present Responsible for building and executing Prologis’ community and government relations strategy at the local and state level for California, New Jersey, and New York. Represent Prologis’ at relevant hearings, meetings and conferences. Support, maximize, and drive trade association memberships.
• Analyze development regulations on a jurisdiction-by-jurisdiction basis. Support development and capital deployment teams by analyzing municipal regulations impacting real estate development. Review General Plans, Good Neighbor Policies, zoning and land-use changes affecting industrial and logistics real estate development.

Provide regulatory analysis on emerging regulations at the state and local level. • Collaborate with development, construction, and global communications teams. Evaluate reputational risk, map out government engagement strategies, and respond to media inquiries regarding high-profile development projects.
• Act as a liaison with local elected officials. Support teams with outreach coordination to city and county staff, local and state elected officials to build relationships and establish open communication channels. Serve on the City of Carson’s Economic Development Commission, appointed by Mayor. • Support EV & Mobility teams. Work with energy teams to secure funding and permitting to build solar installations and EV charging stations for Prologis’ real estate portfolio.

City of San Rafael | Director of Economic Development & Innovation Jul 2016 – Jul 2022 Directed all economic development programs for business attraction, retention, and promotion for the City to improve business climate and municipal tax revenues. Stimulated capital investment (commercial, retail, industrial) through zoning updates, workforce investments, and small business entrepreneurship programming. Supported Human Resource Division with employee onboarding and “Together San Rafael” culture work. Lead 3 direct reports.

Built partnerships, facilitated discussions, and navigated a delicate balance with community stakeholders to analyze trends impacting housing policy and workforce development. Engaged with brokers/commercial real estate agents, local government agencies, property owners, industry associations, and academia to understand market dynamics.

DANIELLE O'LEARY | Page 2 of 3
• Designed and administered small business economic recovery grant program during early stages of COVID, resulting in $263K+ (fundraised/community donations) and 65+ local grants awarded to various industries. Acted as single point of contact for 654 applications and worked with Chamber of Commerce on approvals and payments. Tracked all recovery programs and legislation at federal, state, and local levels and provided regular policy updates.
• Spearheaded emergency small business programming during COVID (such as parklets/streetaries for restaurants) and led industry-specific focus groups to support economic recovery efforts, working with the Mayor, Chamber of Commerce, and business community. Solicited, assessed, and acted on feedback, trends, needs, and changes for improvement. Created and lead City's cannabis licensing program, bringing in $500M + in revenues annually. Work included building program regulations, licensing, compliance, tax collection, and written voter ballot initiative (70% approval). Served as local government liaison with State of California's Department of Cannabis Control. Influenced support of anti-tax groups/ opponents by building relationships, leading tours, engaging municipalities, and presenting at City Council meetings.
• Championed diversification strategy in economic development to align with City’s financial sustainability goals by supporting Finance Department with annual forecasting and business tax analysis. Conducted economic development evaluation on general plan updates and San Rafael’s new Downtown Precise Plan; presented to community groups on the importance of preserving industrial/commercial zoning districts, which were under pressure for conversion. • Appointed Subject Matter Expert (SME) on all business marketing, branding, and communication efforts for the City, including media inquiries, public outreach, presentations, trend analysis, surveys, demographics, and social campaigns. Created Shop Local campaign and Life in San Rafael a visual storyboard for the local community. • Worked with arts and culture community to secure California Cultural District designation (1/14 districts in CA). • Administered with the County of Marin, San Rafael’s Community Development Block Grants program, supported affordable housing developments and refinancing. Recently completed $28M affordable housing refinance. • Built strategic partnerships with government/private sector entities to support local and regional economic development efforts, including universities, businesses, non-profits, developers, and commercial real estate agents.

Oversaw partnerships with Small Business Development Council (SBDC), San Rafael Chamber of Commerce and Marin Economic Forum.

City of Santa Rosa (5th largest Bay Area City) | Economic Development Manager Dec 2008 – Jul 2016 Ensured success of the City's economic development program following the loss of state redevelopment funding during and after the global financial crisis. Created aggressive policy suite of economic development programming to encourage business growth, partnering with community development team. Managed 7 direct reports and $1M budget. • Program received California Association of Local Economic Development (CALED) Award of Excellence.

Streamlined cumbersome application procedures by developing a formal, time-saving pre-application process, providing high-level of predictability and enhancing collaboration between city staff and project applicants. • Offset traditional funding during recession with $1M in new annual program funding and bolstered tourism business by creating a hospitality business improvement district and forming strategic partnerships with Chamber of Commerce, Convention & Visitors Bureau, and local hotels. Produced and presented annual reports and work plans to the City Council, boards, and commissions.
• Led thought leader community discussions with Strong Towns and Urban 3 on public infrastructure costs and land-use development. Presented value-per-acre data-driven approach to support long-term development and financial planning for the City of Santa Rosa.

DANIELLE O'LEARY | Page 3 of 3
Town of Los Gatos | Economic Vitality Manager Dec 2004 – Dec 2008 Developed the first economic development program for the Town of Los Gatos, built strategic partnerships, created communication strategies, and presented to Town Council, boards and commissions on economic development initiatives. • Introduced creative branding and marketing for the community, including Shop Local campaigns, affinity card programs, and FAM tours with Travel and Wine industries to grow tourism and support local tax base. • Supported community development team and planning commission. Conducted analysis to support revisions to the City’s small business formula retail ordinance. Coordinated with commercial real estate communities on recruitments.

City of Saratoga | Economic Development Coordinator May 2001 – Nov 2004 Developed the City's first economic development program focused on business attraction, retention, and promotion.

Managed multiple community groups. Acted as City representative for the Silicon Valley Economic Development Alliance. • Created unique, industry-specific marketing campaigns that strengthened travel and tourism with the local hospitality industry.
• Encouraged capital investment and stimulated activity to help fill vacant properties by designing and managing decorative lighting projects and events in Downtown Saratoga.

HONORS & AFFILIATIONS
North Bay Business Journal 40 Under 40 Award
Urban Land Institute (ULI), Member – Technical Advisory Panel Member, National Association of Business & Economics (NABE) Member, Richmond Council of Industries
Member, East Bay Economic Development Alliance (EDA)

EDUCATION
Bachelor of Arts (BA) in Business Administration, Minor in Communications | Concordia University, Irvine, CA Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Gianna Scotto
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2
Q3
How long have you lived in San Rafael?
2 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
City Council Agenda
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
#76

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Sunday, August 04, 2024 12:41:32 AM
Last Modified: Sunday, August 04, 2024 12:49:46 AM
Time Spent: 00:08:14
IP Address: 76.32.169.157

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? N/a
Q19
List any civic organizations of which you are a member:

N/a
Q20
Education:

College of Marin AA- Liberal Arts emphasis on natural sciences Dominican university - BS, Global Public health
Q21
Why are you interested in serving on a board or commission? I want to contribute to the city I live in being as livable as possible. I have a desire to support the city of San Rafael and a commitment to the community.

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

N/a
Q23
Upload your resume.

Gianna_murray_resume2024.pdf (82.6KB)
Q24
Ethnicity / Raza/etnia:

Boards, Commissions & Committees Application
3 / 3
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Gianna Murray
| Linkedin
Experienced development professional with advanced CRM database expertise and strong analytical skills.

Dedicated to dismantling socio-economic inequities through strategic planning, program development, and fostering relationships. With a background in public health, I am eager to contribute to an organization’s mission by applying my skills to drive impactful outcomes in reporting and analytics to make a significant difference .

Professional Experience
Development Manager, Development Team February 2024 - Present Mission Graduates, San Francisco, CA
● Project Manager for Salesforce data migration
● Manage organization’s CRM database
● Manage online fundraising and events management systems ● Develop scheduled reporting cross organizationally
● Collaborate with and advise the Development Team Members on donor database management of contacts, relationships, and opportunities
● Spearheaded digital fundraising campaigns, achieving significant revenue growth and expanding brand presence online
● Successfully revenued $410,000 in individual and major gift funding and $90,000 in corporate funding ● Managed diverse range of giving portals, such as Benevity, Frontstream, and ActBlue, utilizing digital platforms for maximum reach and impact from individual and corporate gift match opportunities ● Unified disparate donor, volunteer, and alumni data using CRM platforms for streamlined digital outreach. ● Led digital external communications for fundraising, expanding brand presence across multiple online platforms ● Simultaneously worked as the Development Manager and Volunteer Manager managing both programs ● Successfully liaisoned with the Mayor of San Francisco’s office to award Mission Graduates with a Commendation, Certificate of Honor.
● Lead the Alumni Committee to engage Alumni demographic through organized and planned stewardship, Volunteer Manager, Development Team Nov 2022 - June 2024 Mission Graduates, San Francisco, CA
● Strategize for recruiting volunteers aligned with the organization's mission and development goals. ● Design and conduct individual and corporate group orientations to onboard volunteers, ensuring a comprehensive understanding of the organization's values, goals, and specific roles. ● Lead Alumni Committee to cultivate and re-engage Mission Graduate Alumni ● Design and implement marketing campaigns via MailChimp to cultivate volunteer relationships through acknowledging volunteer contributions to ensure a positive experience and continued support. ● Collaborate with the development team to engage volunteers in donor stewardship activities, fostering a sense of community and commitment.
● Support in planning fundraising events including volunteering ensuring seamless execution and maximizing volunteer impact.
● Create a pipeline from volunteerism to donorship.
● Manage volunteer data in the Development database to inform prospect research and contribute to the identification and qualification of prospective donors. ● Generate regular reports for the development team, highlighting volunteer impact and areas for improvement.

Project Manager, Life Enrichment May 2022 - Nov 2022
The Redwoods, Mill Valley, CA
● Develop and execute strategies for recruiting, training, and retaining volunteers to enhance the quality of life for senior residents
● Serve as a key point of contact between the Life Enrichment Team and the Board of Directors, facilitating effective communication and collaboration.
● Collaborate with internal teams and external partners to ensure the seamless execution of projects, from ideation to evaluation
Domestic Violence Advocate Intern, June 2021 - Dec 2021 Center For Domestic Peace, San Rafael, CA
● Design and deliver bi-monthly domestic violence prevention workshops in collaboration with program coordinators to up to 50 individuals
Certified Nursing Assistant, Patient Care Services May 2021 - May 2022 By The Bay Health, Larkspur, CA
● Provide essential administrative support to clinical staff, Team Leaders, and Clinical Managers. ● Audit, chart, and complete patient admissions of up to 150 per day ● Maintain Patient electronic and hard copy charts up to date through Epic Healthcare Software adhering to privacy protocols
Services Experience Specialist, Service Experience Feb 2015 - May 2021 Nordstrom Inc., Corte Madera, CA
● Engage up to 100 customers per day to understand their individual needs and preferences, providing personalized recommendations and solutions.
● Adhere to and exemplify Nordstrom's service standards, consistently delivering high-quality service that reflects the brand's reputation.

Skills
● Data Management: CRM Platforms, Donor Prospect Research, Data Analysis, Visualization, and Multivariate Analysis Software: SPSS
● Event Management: Eventbrite, Vendor Management, Budget Management ● Project Management: Google Workspace, Microsoft Office, MailChimp, Successfully Managed Consultants ● Stakeholder Engagement: Board Liaison, Cross-Organizational Collaboration and Coordination, Community Engagement & Relationship Building, Digital Outreach and Cultivation ● Fundraising: Digital Community Engagement & Relationship Building. Successfully have secured Major Donors, Corporate and Community Sponsors, Restricted and Unrestricted funds, Implemented Annual Fundraisers and Seasonal Appeals
Education:

Bachelor of Science, Global Public Health; Concentration: Biostatistics Dominican University of California, San Rafael, CA
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Leslie Stone
Address / Dirección
City / Ciudad San Rafael
State / estado California
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
Nine years
Q4
Business Information
Company LSA
Address
City/Town San Rafael
ZIP/Postal Code 94901
#148

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, September 26, 2024 2:42:38 PM
Last Modified: Thursday, September 26, 2024 10:43:36 PM Time Spent: 08:00:58
IP Address: 162.235.140.43

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Friend
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Attendance at City events.

Active in getting out the vote.

Donating to political campaigns.

Q19
List any civic organizations of which you are a member:

Board member and ambassador for Resilient Neighborhoods.

Volunteer design work for Pollinator Garden at Dominican University.

Green Change volunteer.

Donor to Youth in Arts, Dominican University, Welcome Home, ELM, Canal Alliance, Marin Symphony.

Q20
Education:

BA in Design from University of California, Los Angeles Q21
Why are you interested in serving on a board or commission? As an environmental designer, I am very concerned about the built and natural environment, and keeping our communities friendly and livable for all ages, abilities and backgrounds. As a business owner, I want San Rafael to be a thriving place for people to shop locally, invest in their communities, and live close to where they work and recreate.

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

Previously, I was an independent contractor with Marin County Parks, designing a sign system for parks and open space.

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

Leslie%20Stone%20Resume%202024.pdf (144KB)
Q24
Ethnicity / Raza/etnia:

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

Leslie Stone Associates learning landscapes | exhibit design | environmental graphics RESUME FOR LESLIE STONE 1
Resume for Leslie Stone
Principal, Leslie Stone Associates [LSA]
As the principal and creative director at LSA for over 25 years, Leslie has planned, designed and developed environments, educational exhibits and environmental graphics for a host of museums, visitor centers, parks, trail systems, and outdoor learning landscapes for educational institutions, non-profit organizations, municipalities, state and federal agencies. Her award-winning planning and design firm, Leslie Stone Associates [LSA], has completed projects throughout California in many world-class destinations.

Leslie received a Bachelor of Arts in Design from the University of California, Los Angeles, with a course emphasis on education and art history. She also completed a study abroad program through Pace University of New York. Leslie has been a guest lecturer at San Francisco State University, DAI, in exhibit design, and has taught extension classes in graphic design and production at the University of Southern California.

Leslie has been a national spokesperson for women’s economic development and environmental education. As a founding board president of LA Harvest, she generated economic support for community gardens. As the founding board president of the National Association of Women’s Yellow Pages, and the publisher of the LA Women’s Yellow Pages, she fostered the growth of women’s businesses. As the designer and distributor of the LA Green Pages, she enabled thousands of people find green products and organizations to support. She also served on the board of the Women’s Building and the Women’s Foundation. She is a current board member of Resilient Neighborhoods in Marin County.

LSA has received awards for design excellence from the National Park Service, the American Association of Museums [AAM], the American Association of Landscape Architects Northern California Chapter, and the Association of Partners for Public Lands (APPL)
(see following pages for selected design and planning projects) Leslie Stone Associates learning landscapes | exhibit design | environmental graphics RESUME FOR LESLIE STONE 2
Selected Design and Planning Projects
The projects highlighted below are a representative sampling of the many contracts that the LSA team, under the direction of Leslie Stone, has been awarded over the past 25 years. These projects have provided LSA the opportunity to influence visitors from around the world to learn about, enjoy and protect wild places and preserve our cultural history.

Yosemite National Park
LSA has worked with the National Park Service, The Yosemite Conservancy, and various architecture firms on multiple planning and design projects involving orientation and interpretation in the most visited areas of Yosemite National Park over the past 25+ years. These projects include:
• Yosemite Valley Welcome Center and Plaza Exhibits and Orientation • Yosemite Valley Visitor Center Exhibits
• Bridalveil Fall Trail Orientation and Waysides
• Tenaya Lake Orientation and Waysides
• Glacier Point Orientation and Waysides
• Mariposa Grove of Giant Sequoias and Welcome Plaza Orientation & Exhibits • Yosemite Museum Entry and Store
• Indian Village of Ahwahnee Interpretive Signage
• Lower Yosemite Fall Trail Orientation, Wayfinding and Interpretation • Park-Wide Orientation and Wayside Exhibits
• Yosemite Valley Lodge Planning and Orientation
• Curry Village Parking Planning
• Yosemite Village Parking Planning, Orientation and Wayfinding • Tunnel View Interpretive Signage & Exhibits
• Olmstead Point Interpretive Signage & Exhibits
• Half Dome Overlook Interpretive Signage & Exhibits
• Happy Isles Nature Center Exhibits and Waysides
• Yosemite Valley Wilderness Center Exhibits
Marin County Parks
LSA worked with park planners to develop a park-wide signage system for orientation at open space trailheads, trail markers, regulatory signage, and special identity signage.

Planning efforts included the design of new entries and gates to open space properties and county parks.

Leslie Stone Associates learning landscapes | exhibit design | environmental graphics RESUME FOR LESLIE STONE 3
Oakland Museum of California
Along with Caltrans planners, the MTA, and Oakland Museum staff and stakeholders, LSA helped to plan and develop exhibits that were on display at the Museum during the period of the opening and dedication of the Eastern Span of the Oakland/San Francisco Bay Bridge. The exhibits for the opening ceremonies at the “Sawtooth Building” at the toll plaza were the backdrop for the bridge celebrations, dedications and media events.

Golden Gate National Recreation Area
The National Park Service, Presidio Trust and Parks Conservancy staff worked with LSA to plan and develop exhibits and signage at various places in the park system including Muir Woods, Muir Beach, Hawk Hill, Crissy Field and Center, and the Korean War Memorial at the Presidio.

City of Malibu – Legacy Park
With RHAA Landscape Architects, LSA worked with the City of Malibu to plan and design interpretive installations in a 15-acre park to filter storm-water runoff to prevent further pollution of the Santa Monica Bay. Landscape elements include signage, murals, donor recognition, and dynamic larger-than-life mosaic animals representing six different habitats in the area.

Santa Cruz and Monterey Counties
LSA worked on several projects in the Santa Cruz County / Monterey County area.

Planning and design projects include:
• Monterey Bay Sanctuary Scenic Trail – planning, design standards manual, and interpretive planning with Santa Cruz County, Santa Cruz State Parks, City of Santa Cruz, NOAA and other stakeholders.
• Carmel River Parkway - planning and design standards for orientation, interpretive signage, and trail identity with the Big Sur Land Trust and Monterey County Parks
• Memorial to David Packard – installation design with the Monterey Parks Dept, Monterey Aquarium and the Monterey Bay National Marine Sanctuary. • Harbor Beach Plaza - planning and design of in-ground interpretive and seating elements along with Santa Cruz Port District, Port Commissioners, and the Monterey Bay National Marine Sanctuary.
• East Cliff Drive Parkway – planning and design of Pleasure Point Park interpretive seating with the City of Santa Cruz and NOAA
• Wilder Ranch State Park – planning and design of exhibits in an interpretive center with Santa Cruz State Parks and the Friends of Santa Cruz State Parks.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Matthew Landry
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
9 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
City Manager's Newsletter,
Other (please specify):

Marin IJ
#98

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Saturday, January 27, 2024 5:17:43 AM
Last Modified: Saturday, January 27, 2024 6:14:29 AM
Time Spent: 00:56:46
IP Address: 71.202.241.131

Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Bicycle and Pedestrian Advisory Committee,
Planning Commission
Q10
Do you participate in any civic activities? If so, what are they? Farmers markets, downtown San Rafael street fairs, Gerstle Park Porchfest Q11
List any civic organizations of which you are a member:

None
Q12
Education:

Bachelors of Electrical Engineering
Q13
Why are you interested in serving on a board or commission? I travel to many cities and countries for work, and every time I return to San Rafael, I am grateful for our community and its beautiful location. I’ve felt a desire for some time to contribute to its operations. My wife recently opened a small business on 4th St, and has been overwhelmed by the welcoming support of the nearby community. It’s the nudge I needed to make an effort to seek ways to participate in the future of our city.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None
Q15
Upload your resume.
202401%20-%20Resume-D-Matthew-Landry.pdf (116KB)

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

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
D Matthew Landry
San Francisco Bay Area
linkedin.com/in/dmlandry
Summary
Inventive, business-minded technologist and product leader. Accomplishments driving hardware and software product development in IoT, artificial intelligence/machine learning, enterprise networking, bioinformatics, medical electronics, and semiconductors.

Specializes in articulating market trends and building teams to execute on new opportunities. Drives all aspects of product: from customer discovery and solution architecture to pitching key customers, forming partnerships, and iterating the portfolio.

Experience
VP Product Management, Cisco Wireless
Cisco
2022 - Present (2 years)
VP Product Management, Meraki Networking
Cisco Meraki
2021 - Present (3 years)
SVP Product Management
SES-imagotag
2019 - 2020 (1 year)
Co-founder & CEO
Argosy Labs (acq.)
2019 - 2019 (less than a year)
VP Product Management
Sama
2018 - 2019 (1 year)
Sama delivers the highest quality training data labeling, image annotation, and data validation services for AI/ML development. Sama trains and employs a dedicated workforce, primarily in regions of deep poverty to have the greatest social impact. Clients include startups and Fortune 100 companies in autonomous driving, aerial drones, satellite mapping, augmented reality, and more.

Lead the Product Management team, responsible for proprietary image annotation technology platform for computer vision algorithm training data; quality management and sampling pipelines; workforce management tools to streamline operations planning; machine learning algorithms to augment the D Matthew Landry - page 1
human workforce; and exploring new product and partnership opportunities in artificial intelligence and adjacent markets.

Dir Product Management
Plume Design, Inc
2017 - 2018 (1 year)
Plume is a cloud-managed, mobile-app driven residential Wi-Fi company.

Responsible for direct-to-consumer Wi-Fi business and mobile app development for iOS and Android.

Dir Product Management, Wireless
Cisco Meraki
2014 - 2017 (3 years)
CTO & VP Strategy
Geneious
2010 - 2014 (4 years)
Biomatters develops highly integrated, visually intuitive bioinformatics software. The Geneious desktop application enhances biologist productivity at over 3,000 research institutes globally.

Responsible for operational planning, product management and roadmapping, technology partnerships, and new business strategy and execution.

VP Engineering & Co-founder
Audiotoniq, Inc.
2009 - 2010 (1 year)
Audiotoniq invented the world’s first Bluetooth-integrated hearing aids, combining cutting-edge signal processing technologies with an expert smartphone control system.

Chief Editor
IEEE 802.3at Task Force (PoE+)
2005 - 2009 (4 years)
Product Marketing Manager
Silicon Labs
2004 - 2009 (5 years)
Lead design engineer then product manager for Power over Ethernet (PoE) product line.

Analog Design Engineer
Celite Systems Inc.
2002 - 2003 (1 year)
Education
D Matthew Landry - page 2
University of Florida
BSc (Honors), Electrical Engineering, spec. in Comp Sci & Engineering Skills
Start-ups   •   Product Development   •   Product Management   •   Telecommunications   •   Semiconductors   • Business Development   •   Electronics   •   Business Strategy   •   Product Marketing   •   Entrepreneurship D Matthew Landry - page 3
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Raoul McDuff
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94903-3875
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
23 years
Q4
Business Information
Company Mediation Associates
Address
City/Town San Rafael
ZIP/Postal Code 94903-3875
#84

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Sunday, August 11, 2024 10:25:14 AM
Last Modified: Sunday, August 11, 2024 10:38:02 AM
Time Spent: 00:12:47
IP Address: 98.37.36.51

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

IJ Newspaper
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Board of Library Trustees,
Marin Commission on Aging,
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Alternate on the Marin Grand Jury.

Q19
List any civic organizations of which you are a member:

RGM, a Volunteer Group contributing to local planning activities.

Q20
Education:

Juris Doctor, Law
Q21
Why are you interested in serving on a board or commission? I wish to be an asset to my community.

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

None
Q23
Upload your resume.

Respondent skipped this question

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

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Minutes subject to approval at the October 21, 2024 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 7, 2024
SPECIAL MEETING AT 4:00 P.M.

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

Watch on Zoom Webinar: https://tinyurl.com/sm-2024-10-07 Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US

Present: Vice Mayor Hill
Councilmember Kertz
Mayor Kate

Absent: Councilmember Bushey
Councilmember Llorens Gulati
Also Present: City Clerk Lindsay Lara
Assistant City Manager Angela Robinson Piñon
Mayor Kate called the meeting to order at 4:02 p.m. and requested City Clerk Lindsay Lara call the roll.

Councilmembers Bushey and Llorens Gulati were absent.

INTERVIEWS:

1. Interviews
a. Planning Commission Interviews
Interview Applicants and Make One Appointment to Fill One Unexpired Four-Year Term Through the End of October 2027 on the Planning Commission Due to the Resignation of Shingai Samudzi (CC)
Recommended Action – Make Appointment
City Clerk Lindsay Lara provided comments related to the attendance of the applicants. Robert Sandoval withdrew his application, and two applicants were unable to attend due to unplanned scheduling conflicts and did express the desire to be interviewed at another date.

Vice Mayor Hill moved and Councilmember Kertz seconded to continue Agenda Item 1.a to a date uncertain.

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

Mayor Kate invited public comment.

Speaker: Name withheld
2 Councilmember Kertz moved and Vice Mayor Hill seconded to approve the Consent Calendar.

2. Consent Calendar Items:
a. Approval of Minutes
Approve the Regular City Council Meeting Minutes of September 16, 2024 (CC) Approved as submitted
b. Fire Commission Appointment
Appointment of Alternate Member Brian Waterbury to a Regular Voting Member on the Fire Commission through the End of October 2028 Due to the Expiration of Term of Thomas Weathers (CC)
Approved appointment
c. Proclamations
Proclamations in Recognition of Cybersecurity Awareness Month and Fire Prevention Week
Received and filed
d. Information Technology Services Agreement Renewal
Authorize the City Manager to Execute an Agreement with Addendum with Xantrion, Inc., for Information Technology Services from November 1, 2024, through October 31, 2025, in an Amount Not to Exceed $1,166,700 (DS)
Authorized the City Manager to execute an agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2024, through October 31, 2025, in an amount not to exceed $1,166,700
e. Marin County Multi-Jurisdictional Local Hazard Mitigation Plan Resolution Adopting the 2024 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan and the City of San Rafael Annex (FD)
Resolution 15346 - Resolution Adopting the 2024 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan and the City of San Rafael Annex f. Marin Wildfire Prevention Authority (MWPA) Joint Powers Authority Agreement Resolution Approving the Amended Marin Wildfire Prevention Authority (MWPA) Joint Powers Authority Agreement (FD)
Resolution 15347 - Resolution Approving the Amended Marin Wildfire Prevention Authority (MWPA) Joint Powers Authority Agreement
g. Quitclaim of a Sewer Easement at 1075 Francisco Boulevard East Resolution 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 (SRSD)
Resolution 15348 - Resolution 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
3 h. Tyler Enterprise Resource Planning (ERP) Project Support 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 NotTo-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 Implementation Project
Authorized 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 authorized 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
i. Prohibition of Camping on South Mahon Creek Path
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 (CM)
Resolution 15349 - 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 AYES: Councilmembers: Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Llorens Gulati

ADJOURNMENT
Mayor Kate adjourned the meeting at 4:08 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2024
_____________________________________
KATE COLIN, Mayor
OPEN SESSION – IMMEDIATELY FOLLOWING THE SPECIAL MEETING ADJOURNMENT

1. Mayor Kate to announce Closed Session items.

Mayor Kate announced the Closed Session items and invited public comment; however, there was none.

CLOSED SESSION – IMMEDIATELY FOLLOWING THE SPECIAL MEETING ADJOURNMENT

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Dean Karnazes v. City of San Rafael (Marin County Court Case No. CV0000492) b. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Paul Crimmins v. City of San Rafael (WCAB Case No. ADJ10862084) 4 c. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation (One case)
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.b
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Rob Epstein, City Attorney City Manager Approval: ______________ TOPIC: LEGAL SERVICES AGREEMENT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN,

LLP FOR GENERAL MUNICIPAL LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED $420,000
RECOMMENDATION:

Authorize the City Manager to negotiate and enter into a professional services agreement with Burke, Williams & Sorensen, LLP for general municipal legal services, in an amount not to exceed $420,000.

BACKGROUND:

The City Attorney’s office is currently staffed with a part-time elected City Attorney and a full-time Administrative Analyst and Legal Assistant. In order to provide necessary legal services to the City, the office engages attorneys with the law firm of Burke, Williams & Sorensen, LLP for as-needed services in general municipal law, including subject-matter expertise in areas such as land use, zoning, housing, code enforcement, labor and employment, finance, real estate, the Public Records Act, and telecommunications.

The City Council has previously authorized the following agreements with Burke, Williams & Sorensen, LLP:
• On January 21, 2020, the City Council approved and authorized the City Manager to enter into an agreement for legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $112,000.
• On June 7, 2021, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 1, 2022, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 21, 2023, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $170,000, and on May 20, 2024, the City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Council authorized the City Manager to enter into the first amendment to the agreement in amount of $130,000, increasing the total PSA to $300,000.

ANALYSIS:

Staff recommends entering into an agreement with Burke, Williams & Sorensen, LLP for as-needed general municipal legal services covering fiscal year (FY) 2024-25. Payment would be made at the firm’s standard public entity hourly rates, in a total not-to-exceed $420,000. Currently, the City Attorney’s Office has a vacant full-time attorney position. Although recruitment is underway to fill this vacancy, staff recommends increasing the not-to-exceed amount from the prior year to ensure there is sufficient legal support during this period of staff vacancy. As a result, the cost is reasonable in light of the high quality of service/legal advice provided by Burke, Williams & Sorensen, LLP on a wide range of legal matters.

FISCAL IMPACT:

Funds to cover the recommended contract amount of $420,000 are available in the FY 2024-2025 approved City Attorney’s Department General Fund budget including salary savings from the attorney vacancy.

OPTIONS:

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

1. Authorize the City Manager to negotiate and enter into the professional services agreement.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to negotiate and enter into a professional services agreement with Burke, Williams & Sorensen, LLP for general municipal legal services, in an amount not to exceed $420,000.

ATTACHMENTS:

1. Draft professional services agreement for general municipal legal services Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

BURKE, WILLIAMS & SORENSEN, LLP

FOR GENERAL MUNICIPAL LEGAL SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and BURKE, WILLIAMS & SORENSEN, LLP (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are as-needed legal services in general municipal law, including but not limited to, subject-matter expertise in areas such as land use, zoning, housing, code enforcement, labor and employment, finance, real estate, Public Records Act, and telecommunications.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the following rates per hour for labor. Fees for Services paid by the City and not subject to reimbursement by third parties shall not to exceed $420,000:
v 08.22 2
• General Municipal (e.g., Pitchess, GVRO, contracts, Public Records Act, conflicts, drafting ordinances, resolutions, staff reports, etc., all general municipal matters not listed below) - $325/hour for all attorneys
• Real Estate/Construction/Complex Housing/Development (reimbursable) – Partners $485/hour/Associates $425/hour
• Litigation/Real Estate/Construction/Complex Housing/Development (nonreimbursable) - Partners $395/hour/Associates $325/hour CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

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

4. PROJECT COORDINATION.

A. CITY’S Project Manager. The City Attorney is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement.

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

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

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

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

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

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

To CITY’s Project Manager:

City Attorney
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Nira Doherty, Esq.

Burke, Williams & Sorensen, LLP
181 Third Street, Suite 200
San Rafael, CA 94901

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. v 08.22 6

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

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

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

EXHIBIT A
[Intentionally omitted.]
Rev. 08.22 B-1

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.c
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: Micah Hinkle,
Community & Economic
Development Director
City Manager Approval: ______________
TOPIC: ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES

AGREEMENT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL

BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $100,000.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call building plan review and inspection consulting services in an amount not to exceed $100,000.

BACKGROUND:

The building plan review is critical to the building permit review process and requires specialized skills, experience, and certifications. Over the past decade, the City has effectively utilized specialized consulting service providers to supplement plan reviews by City building division staff. To meet the ebbs and flows of permit and development activity, the City has utilized three consulting firms to address City needs. 4LEAF, Inc. is one of three consulting firms currently providing these services. As San Rafael continues to receive an increased number of development applications and construction applications that are more complex (multi-family housing / mixed-use commercial), the department continues to need assistance from specialized consulting firms.

ANALYSIS:
4LEAF, Inc. provides building and inspection services for over 200 local jurisdictions and continues to grow and expand its services beyond California. 4LEAF, Inc. is the newest building and inspection service provider supporting the City of San Rafael, and their additional firm capacity and capabilities have supported the building department permit pipeline and staffing needs in times when there is a high volume of permits that need to be processed. This agreement is important so that staff can focus on other priorities and key objectives during peak times.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Staff is seeking to extend the on-call building plan review and inspection consulting services with 4LEAF, Inc., through December 2025, with a total contract not to exceed $100,000. This will cover existing commitments for services and allow staff to request assistance from the firm as needed for staffing augmentation and fill short-term staffing gaps should they materialize. The Community and Economic Development (CED) Assistant Director and Chief Building Official will review and approve each project, scope of work, and cost estimates, as needed. Copies of the draft Professional Services Agreement (Attachment 1) and associated cost estimates are attached (Attachment 2).

Services from 4LEAF was sought out to supplement the other vendors because of the shortage of inspectors and, especially for, permit technicians across the industry. CDED needs to have the flexibility to secure temporary staff on short notice as workloads ebb and flow.

FISCAL IMPACT:

The total not-to-exceed amount of the agreement is $100,000. City-initiated projects would be funded through funding available appropriations within the Community and Economic Development Department’s professional services budget. Services for building permit review would be paid for through developer permit fees.

OPTIONS:

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

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

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

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call building plan review and inspection consulting services in an amount not to exceed $100,000.

ATTACHMENTS:

1. Professional Services Agreement with 4LEAF, Inc., for on-call consulting services.

2. 4LEAF, Inc., Scope and Fee Schedule
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND
4 LEAF, INC.

FOR ON CALL BUILDING CONSULTING SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and 4 LEAF, INC a California corporation (hereinafter "CONSULTANT").

CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated September 20, 2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed v 08.22 2
$100,000.

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

CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the October 21, 2024 of this Agreement and terminate on December 31, 2025.

4. PROJECT COORDINATION.

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

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

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

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

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

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

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

To CITY’s Project Manager:

Don Jeppson, Asst. CED Director/
Chief Building Official
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Director: Giovanni Caponigro,
Business Development Associate
2126 Rheem Drive
Pleasanton, CA 94588

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. v 08.22 6

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

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

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

EXHIBIT A

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

Rev. 08.22 B-1

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY.

EXHIBIT A

SCOPE OF SERVICES
CONSULTANT shall provide professional services for the review of proposed building plans for conformance to regulations contained in the state mandated building, energy, plumbing, mechanical and electrical codes, as these codes are adopted by the CITY.

The CONSULTANT services for this review shall include the following scope: Plan Review:
• Provide the CITY with a typed list of items needing clarification or change to achieve conformance with the above regulations.
• Perform all necessary liaisons with the applicant's designee and perform all necessary rechecks to achieve conformance to the regulations. • Perform all necessary liaison with the Chief Building Official or his designee, to ensure compliance with compliance with local policy interpretations related to subject reviews.
• Perform plan review on revisions to plans that have previously been approved for permit issuance.

In addition, the CONSULTANT shall be available to provide the following services on an "as needed" basis:
• Provide qualified, certified building inspector(s) capable of performing light commercial or residential inspections.
• Provide qualified, certified permit technicians capable of performing essential duties.
• Provide a qualified individual to perform residential and light commercial plan review plan review and permit service.
• Perform extra work when requested in writing by the CITY.

Further, CONSULTANT agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the CONSULTANT has decision authority:

Project Type Service Goal
New or remodeled, low-rise residential
construction or additions
Complete initial review within 10 working days
Light commercial new construction, additions and
tenant improvements
Complete initial review within 10 working days
Large commercial or residential multifamily new
construction projects
Complete initial review within 15 working days
Rechecks Complete review within 7 working days

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.d
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: Micah Hinkle,
Community & Economic
Development Director
City Manager Approval: ______________
TOPIC: ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES

AGREEMENT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND ENGINEERING, LLP

FOR ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with Coastland Engineering, LLP, for on-call building plan review and inspection consulting services in an amount not to exceed $200,000.

BACKGROUND:

The building plan review is critical to the building permit review process and requires specialized skills, experience, and certifications. Over the past decade, the City has utilized specialized consulting service providers to supplement plan reviews by City building division staff. To meet the ebbs and flows of permit and development activity, the City has utilized three consulting firms to address City needs. Coastland Engineering, LLP is one of three consulting firms providing these services. As San Rafael continues to receive an increased number of development applications and construction applications that are more complex (multi-family housing / mixed-use commercial), the department continues to need assistance from specialized consulting firms.

ANALYSIS:

Coastland Engineering has consistently demonstrated that it has staff with the ability and flexibility to deliver high-quality services. The firm has been instrumental in moving development applications through the building permit review process, providing staff augmentation support services during peak construction activity periods, and supporting the City during permitting and construction staffing shortages.

Staff is seeking to extend the on-call building plan review and inspection consulting services with Coastland Engineering through December 2025, with a total contract not to exceed $200,000. This will SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
cover existing service commitments and allow staff to request assistance from the firm as needed for staffing augmentation and fill short-term staffing gaps should they materialize. The Community and Economic Development (CED) Assistant Director/ Chief Building Official will review and approve each project, scope of work, and cost estimates, as needed. Copies of the draft Professional Services Agreement (Attachment 1) and associated cost estimates are attached (Attachment 2).

FISCAL IMPACT:

The total not-to-exceed amount of the agreement is $200,000. City-initiated projects would be funded through available appropriations within the Community and Economic Development Department’s professional services budget in FY 2024-25. Services for building permit review would be paid for through developer permit fees.

OPTIONS:

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

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

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

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with Coastland Engineering, LLP, for on-call building plan review and inspection consulting services in an amount not to exceed $200,000.

ATTACHMENTS:

1. Professional Services Agreement with Coastland Engineering for on-call consulting services

2. Coastland Engineering Scope and Fee Schedule
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

COASTLAND CIVIL ENGINEERING, LLP

FOR ON CALL BUILDING CONSULTING SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and COASTLAND CIVIL ENGINEERING, LLP a California limited liability partnership (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated June 24, 2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed v 08.22 2
$200,000.

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

CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the October 21, 2024 of this Agreement and terminate on December 31, 2025.

4. PROJECT COORDINATION.

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

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

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

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

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

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

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

To CITY’s Project Manager:

Don Jeppson, Asst. CED Director/
Chief Building Official
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Coastland Building/Safety Manager
Salvadore Lucido, PE
1400 Neotomas Avenue
Santa Rosa, CA 95405

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. v 08.22 6

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

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

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

EXHIBIT A

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

Rev. 08.22 B-1

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY.

EXHIBIT A

SCOPE OF SERVICES
CONSULTANT shall provide professional services for the review of proposed building plans for conformance to regulations contained in the state mandated building, energy, plumbing, mechanical and electrical codes, as these codes are adopted by the CITY.

The CONSULTANT services for this review shall include the following scope: Plan Review:
• Provide the CITY with a typed list of items needing clarification or change to achieve conformance with the above regulations.
• Perform all necessary liaisons with the applicant's designee and perform all necessary rechecks to achieve conformance to the regulations. • Perform all necessary liaison with the Chief Building Official or his designee, to ensure compliance with compliance with local policy interpretations related to subject reviews.
• Perform plan review on revisions to plans that have previously been approved for permit issuance.

In addition, the CONSULTANT shall be available to provide the following services on an "as needed" basis:
• Provide qualified, certified building inspector(s) capable of performing light commercial or residential inspections.
• Provide qualified, certified permit technicians capable of performing essential duties.
• Provide a qualified individual to perform residential and light commercial plan review plan review and permit service.
• Perform extra work when requested in writing by the CITY.

Further, CONSULTANT agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the CONSULTANT has decision authority:

Project Type Service Goal
New or remodeled, low-rise residential
construction or additions
Complete initial review within 10 working days
Light commercial new construction, additions and
tenant improvements
Complete initial review within 10 working days
Large commercial or residential multifamily new
construction projects
Complete initial review within 15 working days
Rechecks Complete review within 7 working days

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.e
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: Micah Hinkle,
Community & Economic
Development Director
City Manager Approval: ______________
TOPIC: ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES

AGREEMENT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING

GROUP FOR ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $150,000.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000.

BACKGROUND:

The building plan review is a critical function of the building permit review process and requires specialized skills, experience, and certifications. The City, over the past decade, has effectively utilized specialized consulting service providers to provide for plan review and building division staff augmentation services. In order to meet the ebbs and flows of permit and development activity, three separate consulting firms have been utilized to provide services given varying firm capacities to address City needs. Interwest Consulting Group is one of three consulting firms providing on-call building plan review and inspection consulting services for the City’s building permit review process and support of staff augmentation for building counter services and building inspection services. As San Rafael continues to receive increased development applications and more complex construction applications (multi-family housing / mixed use commercial), the department continues to need assistance from specialized consulting firms to provide building permit plan check, counter services and inspection services.

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

Interwest Consulting Group has consistently demonstrated that they have staff with the ability and flexibility to deliver high-quality services. The firm has been instrumental in moving development applications through the building permit review process and providing staff augmentation support services during peak construction activity periods and supporting the City during permitting and construction staffing shortages.

Staff is seeking to extend the on-call building plan review and inspection consulting services from Interwest Consulting Group through December 2025 with a total contract not to exceed $150,000. This will cover existing commitments for services, as well as allow staff to request assistance from the firm as needed for staffing augmentation and filling for short term staffing gaps should they materialize. The CED Assistant Director/ Chief Building Official will review and approve each individual project, scope of work, and cost estimates, as needed. Copies of the draft Professional Services Agreement, along with associated cost estimates, are attached.

FISCAL IMPACT:

The total amount of the not-to-exceed agreement is $150,000. City initiated projects would be funded through available appropriations within the Community and Economic Development Department’s professional services budget. Services for building permit review would be paid for through developer permit fees.

OPTIONS:

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

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

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

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000.

ATTACHMENTS:

1. Professional Services Agreement with Interwest for on-call consulting services.

2. Interwest Scope and Fee Schedule
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

ESGIL, LLC DBA INTERWEST CONSULTING GROUP

FOR ON CALL BUILDING CONSULTING SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and ESGIL, LLC DBA INTERWEST CONSULTING GROUP, a California limited liability corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated July 1, 2024 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit v 08.22 2
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $150,000.

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

CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the October 21, 2024 of this Agreement and terminate on December 31, 2025.

4. PROJECT COORDINATION.

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

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

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

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

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

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

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

To CITY’s Project Manager:

Don Jeppson, Asst. CED Director/
Chief Building Official
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Interwest Consulting Group
Paul Meschino, President
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. v 08.22 6

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

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

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

EXHIBIT A

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

Rev. 08.22 B-1

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY.

EXHIBIT A

SCOPE OF SERVICES
CONSULTANT shall provide professional services for the review of proposed building plans for conformance to regulations contained in the state mandated building, energy, plumbing, mechanical and electrical codes, as these codes are adopted by the CITY.

The CONSULTANT services for this review shall include the following scope: Plan Review:
• Provide the CITY with a typed list of items needing clarification or change to achieve conformance with the above regulations.
• Perform all necessary liaisons with the applicant's designee and perform all necessary rechecks to achieve conformance to the regulations. • Perform all necessary liaison with the Chief Building Official or his designee, to ensure compliance with compliance with local policy interpretations related to subject reviews.
• Perform plan review on revisions to plans that have previously been approved for permit issuance.

In addition, the CONSULTANT shall be available to provide the following services on an "as needed" basis:
• Provide qualified, certified building inspector(s) capable of performing light commercial or residential inspections.
• Provide qualified, certified permit technicians capable of performing essential duties.
• Provide a qualified individual to perform residential and light commercial plan review plan review and permit service.
• Perform extra work when requested in writing by the CITY.

Further, CONSULTANT agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the CONSULTANT has decision authority:

Project Type Service Goal
New or remodeled, low-rise residential
construction or additions
Complete initial review within 10 working days
Light commercial new construction, additions and
tenant improvements
Complete initial review within 10 working days
Large commercial or residential multifamily new
construction projects
Complete initial review within 15 working days
Rechecks Complete review within 7 working days
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.f
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library and Recreation
Prepared by: Craig Veramay, Assistant Library
and Recreation Director
Gabriela Farias, Senior Recreation Supervisor
City Manager Approval: ______________
TOPIC: CALIFORNIA STATE PRESCHOOL PROGRAM CONTINUED FUNDING APPLICATION AND RENEWAL OF CONTRACT FOR FISCAL YEAR 2025-26 SUBJECT: RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO APPLY FOR

CONTINUED FUNDING AND RENEWAL OF CALIFORNIA STATE PRESCHOOL

PROGRAM CONTRACT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing:

1. The City of San Rafael to submit the Continued Funding Application (CFA) to the California Department of Education (CDE) to renew an existing contract to provide California State Preschool Program (CSPP) services for Fiscal Year 2025-26; and

2. The City Manager to designate both the Assistant Library and Recreation Director and Senior Recreation Supervisor for Childcare Programs as authorized representatives of the City to sign the CFA and all related contract documents for Fiscal Year 2025-26.

BACKGROUND:

Assembly Bill 2759 (Chapter 308, Statutes of 2008) created the California State Preschool Program (CSPP). This program consolidated the funding for preschool, pre-kindergarten, family literacy, and general childcare center-based programs serving eligible three- and four-year-old children to create the CSPP. The City of San Rafael has operated the Pickleweed Preschool Program, which is located at 40 Canal St. In Pickleweed Park, since 1997. The Pickleweed Preschool program is a 100% subsidized program that serves 68 income-eligible children and families by providing both part-day and full-day services that include a core class curriculum that is developmentally, culturally, and linguistically appropriate for the children served. The program also provides meals and snacks to children, parent education, referrals to health and social services for families, and staff development opportunities to employees. The City of San Rafael administers this program, and partners with other local agencies, colleges, community-action agencies, and private nonprofit agencies to provide supplemental services.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Pickleweed Preschool relies on the renewal of the CSPP contract as a primary source of funding to provide these services. The preschool is designed to facilitate the transition to kindergarten for threeyear-old and four-year-old children. Each child is given the opportunity to prepare and develop at their own pace under the supervision and care of City childcare staff. Each year, the program establishes goals for each child to build a foundation of skills needed to succeed in their future schooling and society.

The City Council previously approved CSPP grant funding for the Pickleweed Preschool at its November 30, 2023, meeting.

ANALYSIS:

The City of San Rafael has had an existing agreement with the California Department of Education (CDE) to operate the Pickleweed Preschool as a CSPP contractor since 1997. Contractors holding a current CSPP contract who wish to be considered for continued funding for Fiscal Year (FY) 2025–26 must complete a Continuation of Funding Application (CFA). Contractors who apply for and are approved for continued funding do not need to sign a contract with the Department of Education to provide CSPP services for FY 2025–26. Contracts will be automatically renewed in accordance with all applicable federal and state laws and contract terms and conditions.

By authorizing the CFA, the City is indicating that it wishes to automatically renew its contract for FY 2025–26 and accepts all the terms and conditions of the 2025–26 CSPP contract, which will be provided to the City no later than June 1, 2025. Contractors have no vested right to a subsequent contract.

Completion of this CFA does not guarantee a renewal of funding. If the CDE determines our agency will not be renewed for a subsequent contract year, we will be notified in writing no later than April 7, 2025, pursuant to the California Code of Regulations, Title 5 (5 CCR) Section 17828.

City staff recommend authorizing the CFA and renewing our CSPP contract to continue providing this incredibly valuable program. This funding is essential for the City to continue providing preschool services at Pickleweed Preschool.

Historically, the CSPP contract award has not covered all expenses associated with operating Pickleweed Preschool. Annually, the CDE establishes Maximum Reimbursable Amounts (MRA) for contractors based on the number of children enrolled in the program, federal and state laws, and the Contract Terms and Conditions. FY 2025-26 CSPP funding has not been finalized and will depend on program enrollment. For FY 2024-25, the CDE has contracted with the City to provide an MRA of $510,697 in grant funding, representing 74% of the expected operating expenses of the program for FY 2025-26. This is an increase in funding from last fiscal year when the CDE provided $466,229, representing 69% of expected costs.

In recent years, the City has received supplemental one-time ARPA funding, CDE Cost of Care disbursements outside the CSPP contract, Marin Childcare Council Safety Net grant funds, and First 5 Marin grants, which have supplemented the CSPP grant. The City does not expect to receive additional ARPA funds in FY 2025-26, and the CDE has not confirmed whether one-time Cost of Care disbursements will be available. The City applied for but did not receive the First 5 Marin grant in FY 2024-25; staff expect to reapply for this grant in FY 2025-26. Because of these changes, staff are projecting a possible shortfall in the FY 2025-26 budget. The City has sufficient Fund Balance within the Pickleweed Preschool Fund (Fund 260) to support operations in FY 2025-26, and City staff are actively pursuing additional funding sources to supplement the CSPP grant.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT: The following table provides a summary of the projected revenue sources supporting the Pickleweed Preschool Program budget in FY 2025-26:

Pickleweed Preschool (Fund 260) Program Budget
Revenue Sources: FY25-26
(projected)
California Department of Education State Preschool Program $510,697 Safety Net (Marin Childcare Council) $20,000
Available (Prior Year) Fund Balance $152,591
Total Revenues $683,288
Expenditures:

Personnel $620,248
Non-Personnel $63,040
Total Expenditures: $683,288
OPTIONS:

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

1. Adopt the resolution as proposed to authorize the City to apply for continued funding and renewal of our agreement with the California Department of Education as a CSPP contractor for Fiscal Year 2025-26.

2. Do not adopt the resolution, resulting in the City declining the opportunity to receive a grant from the California Department of Education.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing:

1. The City of San Rafael to submit the Continued Funding Application (CFA) to the California Department of Education (CDE) to renew an existing contract to provide California State Preschool Program (CSPP) services for Fiscal Year 2025-26; and

2. The City Manager to designate both the Assistant Library and Recreation Director and Senior Recreation Supervisor for Childcare Programs as authorized representatives of the City to sign the CFA and all related contract documents for Fiscal Year 2025-26.

ATTACHMENTS:

1. Resolution

2. Continued Funding Application Fiscal Year 2025-2026
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO APPLY FOR CONTINUED

FUNDING AND RENEWAL OF CALIFORNIA STATE PRESCHOOL PROGRAM CONTRACT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION
WHEREAS, the City operates the Pickleweed Preschool at the Pickleweed Children’s Center; and
WHEREAS, the City desires to provide no-cost preschool programming to lowincome families from East San Rafael through programming at the Pickleweed Children’s Center; and
WHEREAS, the State of California has awarded the City of San Rafael funds for subsidy of the Pickleweed Preschool Program since 1997; and WHEREAS, the City desires to enter into a funding agreement with the California Department of Education for the purpose of providing childcare and child development services.

NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does hereby authorize:

1. The City of San Rafael to submit the Continued Funding Application (CFA) to the California Department of Education (CDE) to renew an existing contract to provide California State Preschool Program (CSPP) services for Fiscal Year 2025-26; and

2. The City Manager to designate both the Assistant Library and Recreation Director and Senior Recreation Supervisor for Childcare Programs as authorized representatives of the City to sign the CFA and all related contract documents for Fiscal Year 2025-26.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on Monday, the 21 st of October 2024 by the
following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk

Fiscal Year 2025–26 Continued Funding Application
DUE DATE: 5:00p.m. November 1, 2024
California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractors holding a current California State Preschool Program (CSPP) contract, and if applicable a Prekindergarten and Family Literacy Support (CPKS) contract, who wish to be considered for continued funding for fiscal year (FY) 2025–26 must complete this application for continued funding. The FY 2025–26 CFA Overview and Instructions may be accessed on the California Department of Education (CDE) CFA web page located at https://www.cde.ca.gov/sp/cd/ci/cfa2526.asp. Contractors are strongly encouraged to review the CFA Overview and Instructions before and after completion of the CFA and associated documents to confirm that the application and forms submitted for their agency have been completed in accordance with all applicable instructions.

Current contractors who apply for and are approved for continued funding do not need to sign a contract with the CDE to provide CSPP and CPKS services for FY 2025–26. Contracts will be automatically renewed in accordance with all applicable federal and state laws and Contract Terms and Conditions (CT&Cs). By signing this CFA, the contractor is indicating that it wishes to automatically renew its contract(s) for FY 2025–26 and accepts all of the terms and conditions of the 2025–26 CSPP contract, and if applicable the 2025–26 CPKS contract, which will be provided to the contractor no later than June 1, 2025.

Upon receipt of this CFA, the CDE will review the application and may contact your agency seeking additional information. If the CFA is returned to the CDE in a timely manner but is not fully and accurately completed, funding for FY 2025–26 may be delayed.

Please also note that contractors have no vested right to a subsequent contract. Completion of this CFA does not guarantee a renewal of funding. If the CDE determines your agency will not be renewed for a subsequent contract year, you will be notified in writing no later than April 7, 2025, pursuant to the California Code of Regulations, Title 5 (5 CCR) Section 17828.

Contractors that wish to reject the terms of the FY 2025–26 CSPP and/or CPKS contract must provide the CDE with a written notice that the terms of the contract(s) are rejected by sending an email to [email protected] on or before June 30, 2025. The email should come from the Executive Director/Superintendent of the contracting entity or their authorized representative and state that the terms of the FY 2025–26 CSPP and, as applicable, the CPKS contract are rejected. Contractors providing such notice to the CDE of the rejection of the terms of the contract will not have contract(s) in effect for FY 2025–26. Contractors cannot reject their CSPP contract and still receive funding under a CPKS contract as CPKS funding is tied to having a CSPP contract. If no notice is sent to the CDE, the contract will be automatically renewed, and no further action will be required from the contractor.

If a contractor wishes to terminate the contract for any reason during the FY 2025–26 contract term, the contractor shall notify the CDE of its intent to terminate the contract at least 90 calendar days in advance of contract termination and shall follow 5 CCR 17795.

If you have any questions regarding the CFA, please contact the CFA team by sending an email to [email protected].

California Department of Education EED-3704
Early Education Division CFA FY 2025–26
Section I – Contractor Information
Contractor Legal Name:

Contractor “Doing Business As” (DBA):

Headquartered County:

Vendor Number:

Executive Director Name:

Executive Director Telephone Number:

Executive Director Email Address:

Legal Business Address:

City:

Zip Code:

Mailing Address:

City:

Zip Code:

Contact Name:

Contact Title:

Contact Telephone Number:

Contact Email Address:

California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section II, Part I – Contract and Program Type
Check all applicable boxes indicating the programs the contractor intends to continue to administer for FY 2025–26. The contractor agrees to continue implementation of these programs with funds provided by the CDE.

Contract Type (select all that apply)
CSPP
CPKS
Does the CSPP operate a Family Childcare Home Education Network? Yes
No
Does the CSPP operate any sites on Tribal reservations or Tribal Trust Lands? Yes
No
If yes, please indicate the name(s) of the Tribe(s) and each Tribal affiliated site:

Program Type (select all that apply)
Full-Day/Full-Year Part-Day/Part-Year
Full-Day/Part-Year Part-Day/Full-Year
REQUIRED DOCUMENT: A completed program calendar (EED 9730) form is required. If the contractor operates both a full-day and a part-day program, a separate program calendar (EED 9730) must be submitted for each.

California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section II, Part II – Projected Enrollment
Insert the number of subsidized children your agency expects to enroll with the CSPP contract for each county services are provided, as applicable.

How many counties does your agency operate in?

1. County Name:

Number of Children to be Enrolled in Part-Day CSPP in the County:

Number of Children to be Enrolled in Full-Day CSPP in the County:

Total Number of Children to be Enrolled in the County:

2. County Name:

Number of Children to be Enrolled in Part-Day CSPP in the County:

Number of Children to be Enrolled in Full-Day CSPP in the County:

Total Number of Children to be Enrolled in the County:

3. County Name:

Number of Children to be Enrolled in Part-Day CSPP in the County:

Number of Children to be Enrolled in Full-Day CSPP in the County:

Total Number of Children to be Enrolled in the County:

Total Number of CSPP Children to be Enrolled:

California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section III – Contractor’s Officers and Board of Directors Information Does the contractor have a board of directors? Yes No
If no, please explain the entity type and the
governance structure, including the number of
owners and partnerships.

List all officers and board members/governing individuals (i.e., owner, director, etc.).

Attach additional sheets as necessary.

Name Title Telephone
Number
Mailing
Address Email Address
Have any of the listed officers, board members, owners or other governing individuals ever served as an officer, board member, owner, or governing individual with an agency that received state or federal funding and which agency funding was terminated or involuntarily non-renewed, or the agency was debarred from funding for any period of time? Yes No
If yes, list on a separate page the officer(s), board member(s), owner(s) or other governing individual(s) to which this applies and include the former agency(ies) with which the individual(s) was/were previously affiliated and the circumstances leading to the termination, involuntary non-renewal or debarment.

California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section IV – Program Narrative
A. Please select the box below if the contractor does not have program or minimum days of operation (MDO) changes.

No changes
B. If the contractor does have program and/or MDO changes, please select the type(s) of change(s) and complete the Program Narrative Change (EED-3704A).

Program change MDO change
NOTE: Making changes to the MDO does not change the contract Maximum Reimbursable Amount (MRA).

REQUIRED DOCUMENT: Contractors requesting program and/or MDO changes must also submit a completed Program Narrative Change (EED-3704A).

Section V – Subcontract Certification
For purposes of this CFA, subcontractor refers to an agency, other than lead contracted agency, who provides CSPP services in accordance with the provisions contained in the California Code of Regulations, Title 5 (5 CCR) and the Contract Terms and Conditions (CT&C) through an agreement with the lead contracted agency.

A. Please select the box below if the contractor does not have subcontractors.

No subcontractors
B. Please select the box below if the contractor does have subcontractors and intends to continue to operate using the subcontractors previously approved by EED.

Subcontractors
REQUIRED DOCUMENT: Contractors who subcontract CSPP services must also submit a completed Subcontract Certification Form (EED-3704B).

California Department ofEducation
Early Education Division EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section VI – Contractor Certification
Under penalty of perjury, I certify the following statements as true and correct to the best of my knowledge:
• I have read and understand the staffing requirements for Program Director, Site Supervisor, and Teacher. All staff employed by the contractor for t he provision of preschool services are fully qualified for their respective positions. The exception to this certification is a person employed as Program Director or Site Supervisor who possesses a current Staffing Qualifications Waiver approved by the Early Education Division. • I am authorized by the contractor’s Board of Directors or other governing authority to execute this CFA, signifying their intent to automatically renew the current CSPP contract, and CPKS contract if applicable, for FY 2025–26, under new terms and conditions to be established by the CDE, unless rejected in writing prior to the effective date of the new contract(s) on June 30, 2025.
• On behalf of the contractor and its governing authority, I understand that some information requested in this CFA is intended for use by CDE auditors in connection with future audit work and performance reviews and may not be used, reviewed, or considered by the CDE until after the contract has expired, if ever. Therefore, the contractor further understands that the information (and any underlying transactions) disclosed by this CFA shall not be considered properly noticed to the CDE, nor approved, accepted, or authorized by the CDE, even if the contractor’s request for continued funding by the CDE is subsequently approved.
• The governing board members or persons with governing authority have been trained in understanding conflict of interest requirements associated with their positions on the board and have reported all known conflicts of interest.
• As the signer of this CFA, I have supervisory authority over the CSPP and have knowledge of the information provided in this CFA. I am familiar with and will ensure that the contractor complies with all applicable program statutes and regulations in effect for FY 2025–26, including but not limited to:
o Subcontracting requirements, including competitive bidding, CDE approval, and audit requirements in 5 CCR. I certify that any contractual arrangement(s) with subcontractors are made in adherence to the required subcontract provisions contained in the California Education Code (EC), 5 CCR, and the CT&C. As the contractor, it is my responsibility to monitor the performance of the subcontractor to ensure services are provided appropriately through the entire contract term and that the contractor is ultimately responsible for the actions of any subcontractor. o Prohibitions on conflicts of interests, including (i) the assurances required to establish that transactions with officers, directors and other related party transactions are conducted at arm’s length, and (ii) employment limitations stated in Education Code. o Cost reimbursement requirements, including reimbursable and non-reimbursable costs, documentation requirements, the provisions for determining the reimbursable amount

California Department of Education
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
and other provisions in 5 CCR, and accounting and reporting requirements in 5 CCR. o Operational and programmatic requirements.
o Personnel requirements as stipulated in Education Code, 5 CCR, and the CT&C. • As the authorized representative of the CSPP contractor named in this application, I certify that:
o I have reviewed all information for my agency and, to the best of my knowledge, the information on the CDMIS website reflects accurate information for my agency as of the date this certification is signed.
o I understand my obligation as a CSPP contractor to ensure the accuracy of information in CDMIS on an ongoing basis and will update the information in CDMIS as needed throughout the contract period.

By signing this CFA, the contractor is indicating that it wishes to automatically renew the current contract for FY 2025–26 and, if approved, is willing to, and does accept, all terms and conditions of the CSPP contract, which will be provided to the contractor no later than June 1, 2025.

The contractor may reject the FY 2025–26 contract by providing the CDE with a written notice of rejection no later than June 30, 2025. Contractors that wish to reject the terms of the FY 2025–26 contract must provide written notice that the terms of the contract are rejected by sending an email to [email protected] on or before June 30, 2025. The email should come from the Executive Director/Superintendent of the contracting entity or their authorized representative and state that the terms of the FY 2025–26 CSPP contract, and CPKS contract if applicable, are rejected. Contractors providing such notice to the CDE of the rejection of the terms of the contract(s) will not have a contract(s) in effect for FY 2025–26. I understand that failure to timely reject the terms of the contract means that the contract may be automatically renewed for FY 2025-26 starting on July 1, 2025.

As the authorized representative of the contractor named in this application, I certify that I have reviewed all the information provided in this application, and in all accompanying forms, and I hereby attest that the information provided is true and correct to the best of my knowledge as of the date this certification is signed.

Printed Name of the Contractor’s
Authorized Representative:

Title of the Contractor’s Authorized
Representative:

Signature of the Contractor's
Authorized Representative:

Date of Signature:

California Department ofEducation
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Section VII – Continued Funding Application Checklist

1. Is the contractor a public or non-public agency?
The State Administrative Manual defines a public agency as any state agency, city, county, special district, school district, community college district, county superintendent of schools, or federal agency. A charter school is also a public agency. Any agency that does not meet these criteria is considered a non-public agency.

Public Agency Non-Public Agency

2. Is the contractor a community college or community college district in California? Yes No

3. Is the contractor a local educational agency (LEA)?
Yes No
Please review your CFA package carefully before submission. Check the boxes below to confirm that each CFA section is complete, and each applicable required attachment is included in the CFA package. Forms for attachment are located on the CDE CFA web page located at https://www.cde.ca.gov/sp/cd/ci/cfa2526.asp.

CFA Section Check Box
Section I – Contractor Information
Section II – Contract and Program Type
Section III – Contractor’s Officers and Board of Directors Information Section IV – Program Narrative
Section V – Subcontract Certification
Section VI – Contractor Certification*
Section VII – CFA Checklist
All Sections must be included in the CFA package.
*Requires signature.

California Department ofEducation
Early Education Division
EED-3704
CFA FY 2025–26
Contractor Name Vendor #
Required Attachments Public Agency Non-Public Agency Check Box
CSPP Program Calendar(s)
(EED 9730) Yes Yes
California Civil Rights Laws
Certification (CO-005) Yes Yes
Contractor Certification
Clauses (CCC) Yes Yes
Federal Certification (CO.8) Yes Yes
CDMIS Agency Information
Certification Yes Yes
State of California, Payee Data
Record (STD. 204) No Yes
Payee Data Record
Supplement (STD. 205) No
Required only if
payment address
differs from mailing
address on STD. 204
Secretary of State certification
or search results No Yes
Verification of LEA Name and
Address: Information page
printed from California School
Directory web page or
California Community College
Chancellor’s web page, as
applicable
LEAs only No
Program Narrative Change
(EED 3704A)
Required only if
requesting changes
Required only if
requesting changes
Subcontract Certification
(EED 3704B)
Required only if
subcontracting
Required only if
subcontracting
Authorizing board resolution,
policy, or meeting minutes Yes As applicable
Application for License
Exemption
Required only from
LEAs applying to be
exempt from licensure
pursuant to Health &
Safety Code Section
1596.792(o).

No

N/A
N/A
N/A
N/A
N/A
N/A
California Department of Education
Early Education Division
EED-9730
09/2024
California State Preschool Program Fiscal Year 2025–26 Program Calendar Contractor Name: County:

Vendor Number: Contract Type: Program Type:

Instructions: Check the box on each date your program will operate. Total days of operation will automatically calculate.

July 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 N/A N/A
August 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A N/A N/A 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 N/A N/A N/A N/A N/A N/A
September 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 N/A N/A N/A N/A
October 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31 N/A
November 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A N/A N/A N/A 1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 N/A N/A N/A N/A N/A N/A
December 2025 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31 N/A N/A N/A
January 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A N/A 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
February 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
March 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 N/A N/A N/A N/A
April 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 N/A N/A
May 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A N/A N/A N/A N/A 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 N/A N/A N/A N/A N/A N/A
June 2026 Days of Operation

SUN MON TUE WED THU FRI SAT
N/A 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 N/A N/A N/A N/A
Total Days of Operation:

EED Approval (For EED Use Only)
California Department of Education
Fiscal & Administrative Services Division
CO-005 (NEW 4/2020)

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract in the amount of $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more, executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

1. Proposer/Bidder Firm Name (Printed):

2. Federal ID Number:

3. By (Authorized Signature):

4. Printed Name and Title of Person Signing:

5. Date Executed:

6. Executed in the County and State of:

Contractor Certification Clauses
CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably

required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and

Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

FEDERAL CERTIFICATIONS
CO.8 (REV. 06/20)
California Department of Education
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 45 Code of Federal Regulations (CFR) Part 93, “New restrictions on Lobbying,” and 45 CFR Part 76, “Government-wide Debarment and Suspension (Non procurement) and Governmentwide requirements for Drug-Free Workplace (Grants).” The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000 as defined at 45 CFR Part 93, Sections

93.105 and 93.110, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement:
(b) If any funds other than federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an employee of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with this instruction;
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by executive Order 12549, Debarment and Suspension, and other responsibilities implemented at 45 CFR Part 76, for prospective participants in primary or a lower tier covered transactions, as defined at 45 CFR Part 76, Sections 76.105 and 76.110.

A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency:
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction violation of federal or State antitrust statutes or commission of embezzlement, 1 theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period proceeding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and B. Where the applicant is unable to certify any of the statements in this certification, he or she shall attach an explanation to this application.

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The danger of drug abuse in the workplace;
(2) The grantee’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants, and Contracts Service, U.S.

Department of Education, 400 Maryland Avenue, S.W., (Room 3124, GSA Regional Office Building No. 3), Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency:
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
2 B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here.

DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- a. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant, and b. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants and contracts Service, U.S. department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3) Washington, DC 20202-4571. Notice shall include the identification numbers(s) of each affected grant.

ENVIRONMENTAL TOBACCO SMOKE ACT
As required by the Pro-Children Act of 1994, (also known as Environmental Tobacco Smoke), and implemented at Public Law 103-277, Part C requires that:

The applicant certifies that smoking is not permitted in any portion of any indoor facility owned or leased or contracted and used routinely or regularly for the provision of health care services, day care, and education to children under the age of 18. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per day. (The law does not apply to children’s services provided in private residence, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in- patient drug and alcohol treatment.) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.

FISCAL YEAR 2025-26

CONTRACTOR NAME VENDOR ID NUMBER

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE
3 City of San Rafael
Proclamation in Recognition of

DISABILITY EMPLOYMENT AWARENESS MONTH
October 1 - 31, 2024
WHEREAS, October marks National Disability Employment Awareness Month, dedicated to educating the public about disability employment issues and to highlight and celebrate the many and varied contributions of America' s workers with disabilities; and
WHEREAS, the history of National Disability Employment Awareness Month traces back to 1945, when Congress enacted a law declaring the first week in October each year National Employ the Physically Handicapped Week, and in 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities, and in 1988, Congress expanded the week to a month and changed the name to National Disability Employment Awareness Month; and
WHEREAS, this year’s theme, “Access to Good Jobs for All,” stresses the importance of creating positions that are available to individuals with varied disabilities, listening to employees and candidates about their accommodation needs, and including people across a range of abilities in analyzing the workplace environment, tools, and supports in place to ensure success for everyone; and
WHEREAS, as disabilities can be externally visible or not, temporary or chronic, and can change or develop over time, the importance of establishing workplaces that are welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy of belonging; and WHEREAS, the City of San Rafael is committed to cultivating an inclusive community that increases access and opportunities to all.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim October 1 – 31, 2024, as National Disability Employment Awareness Month, and encourages all community members to recognize the accomplishments and contributions of workers with disability and to continue to foster and champion inclusive and equitable workplaces where everyone can belong and thrive.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
NATIONAL FIRST RESPONDERS’ DAY 2024
October 28, 2024
WHEREAS, first responders, including public works professionals, firefighters, police officers, paramedics, communications dispatchers, and other emergency personnel, stand on the front lines of our communities, selflessly serving and protecting the residents of the City of San Rafael in times of crisis; and
WHEREAS, first responders respond swiftly and courageously to emergencies, often putting their own lives at risk to ensure the safety and well-being of others, whether in natural disasters, accidents, medical emergencies, or public health and safety threats; and
WHEREAS, it is in the public interest for community members to gain knowledge of and maintain an ongoing interest and understanding of the importance of first responder efforts in their respective communities; and WHEREAS, 2024 marks the 6th annual National First Responders’ Day, sponsored by bipartisan resolutions in the United States Senate and House of Representatives.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim October 28, 2024, as National First Responders’ Day and urge all community members to join us in paying tribute to our first responders, our police officers, firefighters, public works professionals, paramedics, communication dispatchers and other emergency personnel, to recognize the substantial contributions they make to protecting our health, safety, and advancing the quality of life for all.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of

CODE ENFORCEMENT OFFICER APPRECIATION WEEK
October 6 - 12, 2024
WHEREAS, The State of California has proclaimed the 2nd week of October as Code Enforcement Officer Appreciation Week in California; and WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of the residents, visitors and businesses of the City of San Rafael through the enforcement of local and state laws addressing building, zoning, housing, and life safety; and
WHEREAS, Code Enforcement Officers have challenging and demanding roles and often do not receive recognition for the job they do in maintaining our quality of life; and
WHEREAS, Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through the application of housing, zoning, building, and nuisance laws; and
WHEREAS, Code Enforcement Officers often have a highly visible role in the City of San Rafael and regularly interact with the public and a variety of federal, state, county and local officials; and
WHEREAS, The City of San Rafael wants to recognize and honor the Code Enforcement Officers that serve our community and acknowledge their role in leading the way to improve the high quality of life we enjoy in our community.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim the second week of October as Code Enforcement Officer Appreciation Week and encourages all community members to join in recognizing and expressing their appreciation for the dedication and service by the individuals who serve as our Code Enforcement Officers.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.h
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Theo Sanchez, Associate Civil
Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: SAN QUENTIN PUMP STATION RECONSTRUCTION
SUBJECT: AUTHORIZE AND AWARD AGREEMENTS FOR SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT, INCLUDING:

1. A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ALPHA CM, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT,

INSPECTION, AND TESTING SERVICES, IN AN ADDITIONAL AMOUNT OF $167,247, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $950,174.88.

2. A FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

CSW/STUBER-STROEH ENGINEERING GROUP FOR ADDITIONAL

CONSTRUCTION SUPPORT SERVICES, IN AN ADDITIONAL AMOUNT OF $24,273, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $548,153.

RECOMMENDATION:

Staff recommends the City Manager be authorized to enter into the following amendments:

1. A Second amendment to the Professional Services Agreement with Alpha CM, Inc. for additional construction management, inspection, and testing services, in an additional amount of $167,247, increasing the total not-to-exceed amount of the agreement to $950,174.88.

2. A Fourth amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for additional construction support services, in an additional amount of $24,273, increasing the total not-to-exceed amount of the agreement to $548,153.

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

On October 17, 2022, the City Council awarded a construction contract to Thompson Builders Corporation, a professional services agreement to Alpha CM, Inc. for construction management, inspections, and testing services, and a second amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for the San Quentin Pump Station Reconstruction Project.

Construction began on April 3, 2023, and was projected to be completed around April 2024.

Due to project delays related to supply chain issues affecting the arrival of electrical components, on January 16, 2024, the City Council awarded amendments to Alpha CM and CSW/Stuber-Stroeh Engineering Group for additional construction management and support services, respectively. At the time of this City Council meeting, the project had a projected completion date of Fall 2024.

ANALYSIS:

Additional delays related to supply chain issues for the electrical components have pushed the project completion date back to late Spring 2025. The two primary electrical items that have been delayed are the motor control center and automatic transfer switch. Staff is looking into alternative solutions if further delays are encountered for these components.

Due to the extended length of this project and unforeseen conditions that have taken more time to resolve, staff recommend amendments to both the Alpha CM, Inc. and CSW/Stuber-Stroeh Engineering Group, Inc. to ensure sufficient budget to work through the entirety of the construction duration.

FISCAL IMPACT:

Alpha CM, Inc. has estimated that an additional $167,247 would be needed to ensure construction management services are provided through May 2025. This would increase their total contract amount to $950,174.88.

CSW/Stuber-Stroeh Engineering Group, Inc. has estimated that $24,273 would be needed to continue providing construction support services through May 2025, bringing their total contract amount to $548,153.

The current FY 2024-25 Budget includes appropriations totaling $8.4 million within the Stormwater Fund (205) for the San Quentin Pump Station Project.

OPTIONS:

1. Award the agreements as presented.

2. Do not award the agreements and provide further direction to staff.

RECOMMENDED ACTION:

Staff recommends the City Manager be authorized to enter into the following amendments:

1. A Second amendment to the Professional Services Agreement with Alpha CM, Inc. for additional construction management, inspection, and testing services, in an additional amount of $167,247, increasing the total not-to-exceed amount of the agreement to $950,174.88.

2. A Fourth amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for additional construction support services, in an additional amount of $24,273, increasing the total not-to-exceed amount of the agreement to $548,153.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ATTACHMENTS:

1. Second Amendment to Professional Services Agreement with Alpha CM, Inc.

2. Fourth Amendment to Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 7.a
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development Department Prepared by: Margaret Kavanaugh-Lynch,
Planning Manager
City Manager Approval: ______________
TOPIC: REQUEST TO AMEND THE CITY OF SAN RAFAEL’S DOWNTOWN PRECISE PLAN SUBJECT: RESOLUTION APROVING AN AMENDMENT TO THE DOWNTOWN PRECISE PLAN TO REMOVE ALL REFERENCES THAT DESIGNATE 1030 THIRD STREET AS AN

ELIGIBLE HISTORIC RESOURCE
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution to approve an amendment to the Downtown Precise Plan that removes all references designating 1030 Third Street as a historic resource.

EXECUTIVE SUMMARY:

Staff recommends that the City Council amend the Downtown Precise Plan (DPP) to remove all references designating 1030 Third Street as an Eligible Historical Resource. Based on a peer-reviewed Historic Resource Evaluation included in Attachment 2, City staff have determined that the subject property does not qualify as a historical resource under the California Environmental Quality Act (CEQA); therefore, the DPP and supporting documents should be updated to reflect that fact.

On September 24, 2024, the Planning Commission unanimously recommended approval of the Downtown Precise Plan Amendment to the City Council.

The project is exempt from environmental review under CEQA Guidelines 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

BACKGROUND:

The San Rafael City Council adopted the DPP in August 2021. Opticos Design led the team of consultants that prepared the DPP. This team included Garavaglia Architecture, Inc., a San Francisco-based architecture firm specializing in historic preservation. They were charged with gathering information on the historic resources in the Downtown Precise Plan area. This body of work can be found on the City’s website. As part of their effort, they identified 1030 Third Street, formerly Wells Fargo (now First Federal Savings Bank), as an “eligible as an individual resource.” Therefore, the building would be considered a historical resource under CEQA.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In December 2022, Monahan Pacific Corporation contacted the Planning Division regarding the designation of 1030 Third Street as a historical resource. They objected to the designation and inquired about the process to challenge it. Staff informed them that under CEQA Guidelines Section 15064.5(a)(2), “[a] resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in a historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.” Staff further explained that a typical way to demonstrate by a “preponderance of evidence” that a building is not historically or culturally significant is through the preparation of a Historic Resource Evaluation by a professional that meets the National Park Service Professional Qualification Standards for Architectural History. That evaluation must provide sufficient evidence to show that the building does not meet the Criteria for Designation for the California Register of Historical Resources (California Register).

Monahan Pacific Corporation commissioned a Historic Resource Evaluation prepared by Mark Hulbert, Preservation Architect, and submitted it to the City in March 2023. That document (Attachment 2) concluded that the subject property and building at 1030 Third Street were not eligible for the California Register of Historical Resources (California Register). Therefore, 1030 Third Street was not a potential historical resource under CEQA. The evaluation was peer-reviewed by City staff who also hold the credentials listed in the National Park Service Professional Qualification Standards. Based on this evaluation, City staff agreed to sponsor a Downtown Precise Plan Amendment to remove all references that designate 1030 Third Street as a historic resource in the Downtown Precise Plan.

ANALYSIS:

Summary of Historic Resource Evaluation
The Historic Resource Evaluation outlines in detail the evidence that 1030 Third Street is not a historic resource. As stated previously, the evaluation was then peer-reviewed by qualified City staff, and it was found to be sufficient to remove the site and building(s) from consideration as a historical resource. A resource must be historically significant at the local, state, or national level under one or more of the following four California Registry (CR) eligibility criteria specified in Section 5024.1(c) of the Public Resources Code to be eligible for listing on the California Register (CR). Below is a summary of the California Register (CR) criterion and Mr. Hulbert’s analysis provided in the evaluation:

1. It is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.

In its mid-20th-century commercial development context, 1030 Third St. does not meet CR criterion 1 because there is no development patterns of potential historic importance associated with this property and its branch bank building. (Attachment 2, page 8)

2. It is associated with the lives of persons important in our past.

During this intensive research effort, it was determined that anonymous banking institutions were directly associated with the development and ownership of the subject site and its building, but no specific persons were identifiably associated. Consequently, the subject commercial property and building do not meet CR criterion 2. (Attachment 2, page 8)

3. It embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual or possesses high artistic values.

The basic and heavily altered building at 1030 Third St. lacks distinctive design and construction character and characteristics of its type, period, or region, and there are no distinctive methods of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
construction. As demonstrated above and based on the defined characteristics of commercial Midcentury Modern architecture, the 1030 Third St. building exhibits few, and those features are more typical than distinctive of the style. Therefore, 1030 Third St. has no identifiable design or construction significance under CR criterion 3. (Attachment 2, pages 8-10)

4. It has yielded or may be likely to yield, information important in prehistory or history.

Relative to potential historical resources, the subject property has not yielded and, at this juncture, beyond the contents of this report, does not have any potential to yield additional information of any historical importance. Consequently, 1030 Third St. does not meet CR criterion 4. (Attachment 2, page 10)
Proposed Amendments to the Downtown Precise Plan
Staff reviewed the Downtown Precise Plan (DPP) and identified the following references in which the subject property was identified as a historic resource:

Chapter 5:

1. Figure 5.6 on page 111

2. Figure 5.10 on page 115
In addition, there are three references to the subject property in the Downtown San Rafael Precise Plan Historic Resources Inventory Summary Report (HRISR):

1. Table 4-5: Downtown Core Historic Resources outside of Eligible Districts

2. Table 5-1: Properties Covered by Chapter 5 Fact Sheets or Pending Fact Sheets

3. 1030 Third Street Fact Sheet, pages 5-83
These references are recommended to be amended to clarify that the subject property is not a historical resource. The figures will be updated in the Downtown Precise Plan to remove the designation.

Furthermore, in the Downtown San Rafael Precise Plan Historic Resources Inventory Summary Report, the subject property address would be stricken in each Table and removed from the Fact Sheet in the report.

COMMUNITY OUTREACH:

The Planning Commission met on September 24, 2024, to discuss this matter, and no members of the public commented on the item. Notice of the October 21, 2024, City Council hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance.

A Notice of Public Hearing was printed in the Marin IJ newspaper and mailed to all property owners and occupants within a 300-foot radius of the subject site 15 calendar days before the date of this hearing.

No comments have been received as of the date of this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

OPTIONS:

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

1. Approve the amendment of the Downtown Precise Plan based on the facts included in the staff report and draft resolution.

2. Continue the proposed amendment of the Downtown Precise Plan and request that staff bring back specific information that the City Council needs to amend the Downtown Precise Plan.

3. Deny the proposed amendment and direct staff to return with a revised Resolution of denial.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution to approve an amendment to the Downtown Precise Plan that removes all references designating 1030 Third Street as a historic resource.

ATTACHMENTS:

1. Draft Resolution

2. 1030 Third St., San Rafael Historic Resource Evaluation – March 4, 2023 RESOLUTION NO.

A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN

AMENDMENT TO THE DOWNTOWN PRECISE PLAN TO REMOVE ALL REFERENCES TO 1030 THIRD STREET AS A HISTORIC RESOURCE
(APN 011-263-21)
(PLAN24-156/ZO24-001)
WHEREAS, the City of San Rafael adopted the Downtown Precise Plan (the “Plan”) in August 2021; and
WHEREAS, the Plan established a list of eligible historic resources located in the Plan area; and
WHEREAS, while the City and its agents diligently performed the task of evaluating eligible properties and establishing the list of historic resources, there is a process to reexamine any specific designation; and WHEREAS, in December 2022, the City was contacted by Monahan Pacific Corporation regarding the designation of the structure located at 1030 Third Street, San Rafael, California (the “Property”) as an eligible individual historical resource within the Plan; and
WHEREAS, Monahan Pacific Corporation asserted that the Property should not be listed as an eligible individual resource within the Plan and retained the services of Mark Hulbert, a qualified Preservation Architect to prepare a historic resource evaluation of the Property (“Historic Resource Evaluation”); and
WHEREAS, the Historic Resource Evaluation evaluated the Property and concluded that the Property should not be listed as an eligible individual resource within the Plan; and
WHEREAS, qualified City staff peer-reviewed the Historic Resource Evaluation and concurred with its conclusion; and
WHEREAS, to ensure the Plan is accurately implemented and applied, the City desires to amend the Plan to remove the Property from the list of eligible individual resources; and
WHEREAS, the proposed amendment is “not a project” pursuant to the California Environmental Quality Act (“CEQA”) because removal of the designation will have neither a direct or reasonably foreseeable indirect impact on the environment. Even if the proposed amendment were to be considered a project under CEQA, it would be exempt from CEQA because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment; and WHEREAS, on September 24, 2024, the Planning Commission held a duly-noticed public hearing where it considered the proposed amendment and voted to recommend approval of the amendment by the City Council; and
WHEREAS, the City has complied with all noticing requirements for the proposed amendment, including a notice of public hearing that was printed in the newspaper and mailed to all property owners and occupants within a 300-foot radius of the subject site 15 calendar days prior to the date of this hearing; and WHEREAS, the custodian of documents that constitute the record of proceedings upon which this decision is based is the Community and Economic Development Department.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines and resolves as follows:

1. The proposed amendment is “not a project” pursuant to the California Environmental Quality Act (“CEQA”) because removal of the designation will have neither a direct or reasonably foreseeable indirect impact on the environment. Even if the proposed amendment were to be considered a project under CEQA, it would be exempt from CEQA because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. No development is proposed for the Property at this time.

2. The proposed amendment is in the best interest of public safety, health and welfare, and will promote public health, safety and welfare by refining the scope and application of the Downtown Precise Plan to more accurately reflect field conditions.

3. The proposed amendment is consistent with the objectives, goals, policies and regulations of the Downtown Precise Plan, and the 2050 General Plan.

4. The City Council hereby approves the removal of the “eligible individual resource” and “historic resource” designation from 1030 Third Street throughout the Downtown Precise Plan as follows, and directs staff to make conforming changes throughout the Downtown Precise Plan and associated documents to reflect the amendment:
a. Downtown Precise Plan Figure 5.6 – Update Figure 5.6 to remove the “eligible as an individual resource” designation from the site generally indicated at the location of 1030 Third Street
b. Downtown Precise Plan Figure 5.10 – Update Figure 5.10 to remove the “eligible as an individual resource” designation from the site generally indicated at the location of 1030 Third Street
c. Downtown Precise Plan Historic Resources Inventory Summary Report:
i. Table 4-5 – Strike 1030 Third Street
ii. Table 5-1 – Strike 1030 Third Street
iii. Remove 1030 Third Street Fact Sheet (pp. 5-83)
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 21 st day of October 2024, by
the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
446 17th Street #302 Oakland CA 94612
510.418.0285 [email protected]
March 4, 2023
1030 Third St., San Rafael
Historic Resource Evaluation
This report provides an historical evaluation of the commercial property and building located at the above address. The purpose of this evaluation effort is to determine if the subject property and its buildings do or do not qualify as historic resources under the California Register of Historical Resources criteria as per the California Environmental Quality Act (CEQA).

This historical evaluation effort is based on site visits to record extant conditions, including of the subject property’s setting and related downtown properties; building permit research at the City of San Rafael; telephone directory searches (@loc.org); general and specific architectural research; and the review of prior records for the subject and related properties.

Evaluation Summary
As detailed herein, the subject property and building have previously been evaluated for historic resource potential. However, its re-evaluation is warranted by inaccuracies in the prior record and which the focused historical documentation presented herein clarifies and develops.

As concluded herein, based on the preponderance of evidence, the subject property and building at 1030 Third St. in San Rafael is not eligible for the California Register of Historical Resources (CR) so is not a potential historic resource for planning purposes under CEQA. In sum, under the four CR eligibility criteria:

1. In its mid-20th century commercial development context, there are no development patterns of any potential historic importance associated with this property and its branch bank building.

2. Anonymous banking institutions were directly associated with the development and ownership of the subject site and its building, but to which no specific persons were identifiably associated.

3. The basic and heavily altered building at 1030 Third St. lacks distinctive design and construction character and characteristics of its type, period and region, and there are no distinctive methods of construction.

While the building was designed by an architectural firm of identifiable historic importance, in the context of the work of John Carl Warnecke and Associates, the subject branch bank building is a negligible representation. As documented herein, it is also unarguable that the extant building has been substantially and very visibly altered from the original mid-20th century work so is therefore neither a distinctive nor representative example of the Warnecke firm.

4. Relative to potential historical resources, the subject property has not yielded and at this juncture, beyond the contents of this report, does not have any potential to yield additional information of any historical importance.

Summary Description (figs.1-3, 4-8)
Located at the northeast corner of Third and A streets in downtown San Rafael, the subject parcel (APN 011-263-21) houses a 1963-64 Wells Fargo branch bank building on its southern third. The 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P2
remainder of the generous parcel (approximately 150 feet wide [east-west] by 150-200 feet deep [north-south]) is an open and moderately landscaped parking lot with vehicular access points at its southeast and northwest corners.

The 1030 Third St. building is a rectangular plan structure, its first floor some 115 feet wide (eastwest) by 57 feet deep (east-west), with a flat roof that overhangs the first story and a partial second story that sits atop the roof plane with substantial setbacks south and north. The single-story building has an exposed concrete post-and-beam frame that subdivides the walls into 5 equal bays lengthwise and 2-1/2 bays deep.

First story exterior walls consist of either concrete panels with exposed aggregate or plain stucco (“Dryvit”) plus a range of windows, some vertically oriented, others horizontal bands, all with projecting, bullnosed and stuccoed window sills. Entry doors are located at the south, from Third St. and north, from the parking lot, the former including a revolving door alongside a single, glazed entry door, the latter a pair of glazed doors. The south entry has a broad set of concrete steps that rise up from the sidewalk. At the north door, a circular opening in the roof is capped with a domed skylight with a weathervane.

Above the concrete roof plane, the partial second story, also flat-roofed, has walls that are slightly canted and that consist of metal panels with battened seams, with 5 regularly spaced, vertically oriented openings north and south plus another opening centered in the east wall. At the northeast corner of the second floor is a half-height mechanical screen of matching metal panels.

Planting beds edge the narrow south and west sides of the building. An entry drive and several parking spaces lie in the narrow eastern setback between the building and the property line. To the north, the generous site is predominately asphalt paved parking with concrete walks and several minor, concrete-curbed planting beds.

Stylistically, 1030 Third St. is a Midcentury Modern building, identified by its low, horizontal form and concrete post-and-beam frame with a flat and deeply overhanging roof plane. The original building walls had larger and more numerous windows set within a vertical grid of concrete wall panels with an exposed stone aggregate finish.

Summary History
The following summarizes the recent history of the subject property and its extant building.

The 1030 Third St. site and building were permitted for construction for a Wells Fargo Bank in 1963, shortly prior to which the parcel was occupied by five store buildings, one on Third St. and the others on A St., and which were presumably removed for the 1963-64 development. Designed and constructed for Wells Fargo by San Francisco architects John Carl Warnecke and Associates and San Rafael contractors Spiliotis and Company, the subject building was operated as a Wells Fargo branch until 1987 when it was converted to a First Federal Savings. In that duration of time, a wide range of exterior changes were made to the building, as further described below. The building was in turn operated by First Federal until 2021. At this juncture, the former branch bank building is vacant.

Though no original drawings or photos have been located, current research included the acquisition of City of San Rafael permit records that retain a partial set of 1987 permit plans. Based thereon, identifiable and, up to 1987, cumulative exterior alterations included:
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P3
• Additions at the front (south) and northwest corner (1966), which additions removed original exterior walls and windows.
• Addition at west side (1980) for automatic teller, since altered. • Infill of former entrance opening at the west side, north corner (1966). • All original entry doors removed and replaced (1987), including the addition of the revolving south entry door.
• Addition of the domed skylight at north entry (1987). • All original windows at first story, including original drive-up windows (at north side), removed and replaced (1987).
• Original unpainted, exposed aggregate concrete wall panels painted (1987). • Replaced all original exterior lighting and signage, parking and site circulation (1987). • Added a new roof layer atop the existing (c2021, which new layer is visible and deepens the original roof profile).

Additionally, there is some potential that the extant south entry from Third St. was added, as the building likely had its primary entrance at its northwest corner from both the parking lot and street.

The original drive-thru banking, removed in the 1980s, may also have included a structural component then removed.

Even without those two possible changes, the building exterior has been heavily altered. Well over 50% of the original first story exterior has been removed, replaced and added to, including all doors and windows. Original windows were evidently more numerous and full height, replaced with fewer and smaller windows with bullnosed sills and plastered aprons and/or solid plaster walls. This extent of primary alterations is delineated in the attached elevations based on the 1987 permit drawings (fig.9) along with existing conditions photos (figs.10-16).

In sum, what remains visible of the original building exterior is: its concrete posts and roof slab; a range of the original exposed aggregate concrete wall panels (which were certainly unpainted yet those that remain have all been painted); and the mansarded second story (presumably metal and also repainted), including its windows and vents. Many of the alterations, specifically the domed, cylindrical and rounded features of the extant building are anathema to and divergent from its original, strictly orthogonal modern style, as was the overall repainting that further obscured what remained of the original architecture.

Architects
The 1963-64 Wells Fargo branch bank was designed by John Carl Warnecke and Associates. While there is a great amount of documentation on that architectural firm, there are no architectural monographs that provide an overview of the firm’s history and projects. The one unique document that has been referenced is a promotional brochure for the firm, with a cover imprinted “John Carl Warnecke & Associates,” otherwise unpaginated and undated yet evidently from the late 1970s, and which provides background information for the firm and its then leadership, including John Carl Warnecke, summarizes the full range of projects types, and highlights a number of projects with photos and data.1 This brochure is referenced herein as JCW&A Brochure. 1 Printed, unbound copy available at University of California, Berkeley, College of Environmental Design, Environmental Design Library, NA737.W3.J6.
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P4
John Carl Warnecke and Associates is recognized as an important 20th century planning and architecture firm, most pertinently in the modern architectural context statement prepared by the City of San Francisco (hereafter SF Modern).2 That reputation is based on numerous, large scale planning projects and high-profile civic design projects, which primary work is summarized in the following profile of the firm (from JCW&A Brochure):

John Carl Warnecke and Associates gained its early reputation for excellence with its designs for schools, colleges, and universities. The firm then achieved national recognition through major commissions such as the American Embassy in Bangkok in 1956, the Hawaii State Capitol in 1960, and the design of Lafayette Square, awarded by President Kennedy in 1962. To serve these new clients, the firm opened offices in Honolulu and Washington, D.C. In 1966, a major office was opened in New York. This office has grown to become one of the largest offices in the East. Today John Carl Warnecke and Associates, with offices on both coasts, is engaged with important commissions throughout the country.

In SF Modern, two of Warnecke’s San Francisco projects are identified: the Golden Gate Federal Building (1959) and the Hilton Hotel Tower (1971). Curiously yet tellingly, a headquarters building for the Great Western Savings Bank in downtown SF (1968) goes unmentioned though it is one of the individual project examples in the JCW&A Brochure.

In Marin County, in addition to the subject branch bank building, several other Warnecke projects are identifiable, including a master plan and dormitories for the SF Theological Seminary in San Anselmo (1957-1960) and the public housing complex in Marin City (1960), both of which were collaborations. A third was a private residence in Sausalito (1962).

Individually, several federal projects in Washington D.C. are what primarily distinguish the Warnecke firm, which projects are also cited in SF Modern: the John F. Kennedy Eternal Flame Memorial Gravesite, Arlington, VA (1967); and the Lafayette Square Renovation, Washington, D.C. (1969).

Each of the other citations are large scale civic projects, including the Hawaii State Capitol Building (1960) and the U.S. Embassy, Thailand (1957). Otherwise, s a part of their focus on school and campus planning and design, the Warnecke firm also produced many planning and design studies and buildings for John Carl Warnecke’s alma mater, Stanford University.

John Carl Warnecke and Associates were a prolific planning and architectural firm with national reach and output along with a primary office in San Francisco. As noted, their reputation is based on early school buildings followed by larger scale plans and designs as well as important federal projects.

In this context, the range of local branch bank buildings produced by the Warnecke firm in the early to mid-1960s are of negligible interest. In the JCW&A Brochure, 1 project page out of 32 lists their bank experience spanning the years 1952-1968. Of 19 completed bank projects, 11 were Wells Fargo branch banks in California, all completed between 1964 and 1965. Of those buildings, at least 7 remain, inclusive of the San Rafael branch. Per the JCW&A Brochure, none of their banks received architectural awards. None of the Warnecke firm’s branch banks were published either individually or typologically. All were a typical project type and standard practice for many architectural firms in the post-WWII era, as exemplified by a 1963 statement about bank 2 Mary Brown, San Francisco City and County Planning Department. San Francisco Modern Architecture and Landscape Design 1935-1970: Historic Context Statement, September 30, 2010, pp.250-251. 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P5
architecture, which concluded that “…a large number of banks are being constructed today; and nearly every architectural office finds itself, sooner or later, with a commission for a bank.” 3 Excepting a 1967 computer center and office building in Oakland, the Warnecke firm was not enlisted for Wells Fargo’s more prestigious commissions – their headquarters or large regional office buildings in San Jose (arch. Edward Durrell Stone, LA and NY, 1965, extant), San Francisco (arch.

John Graham & Co., Seattle, 1967, extant) and Sacramento (arch. Henry J. Devine, Inc., Sacramento, 1967, demolished[?]).

Historic Context – Mid-20th Century Branch Banks
Branch banks were a ubiquitous U.S. and California building type in the mid-20th century.

Underscoring their ubiquity, in SF Modern, Midcentury Modern bank buildings and supermarkets together received a typological and stylistic description. 4 As succinctly summarized therein: “The
post-World War II building boom fueled the re-birth of the banking sector and led to a competitive, mass-market industry. As banks aggressively pursued new customers, the prevailing view of bank architecture shifted again with bank design attempting to emulate modern retail storefronts, including large expanses of plate glass.”
Under this context, locally, in 1963, downtown San Rafael had 6 branch banks, Mill Valley 4, San Anselmo 3 and overall, Marin County had some 30 branch banks. In the SF Bay Area as a whole, these quantities were exponential. And many more would be constructed over the subsequent decade. For example, even in Oakland, with its challenged socio-economics of that period, there were 12 branch banks constructed between 1961 and 1975. That branch banks reproduced so regularly is evidence of banking competition in the post-WWII American boom as well as the capacity of banking institutions in the capitalist realm of opportunistic property acquisition.

Historic Context – Mid-20th Century Modern Architecture Mid-20th century branch bank buildings were all in a modern design style, most if not all by architects, many by known architects, some buildings and their architects somewhat more traditional modern, others strictly modern, as modern design was then the norm. Thus, the developmental context of the subject and directly related branch bank buildings is mid-20th century commercial design and construction.

Relative to which, SF Modern provides the most complete and useful contextual information for regional modern planning, architecture and landscape architecture. Therein, the most applicable design style relative to the subject and related group of branch bank buildings is the Midcentury Modern style. While the Corporate Modern style is also in part applicable, the subject branch banks are commercial, not corporate. Neither do these small, local buildings exhibit the typically vertical, sleek, curtain-walled and/or glass-boxed design and construction characteristics of the Corporate/Miesian Modern style. Were such branch bank buildings glazed pavilions under floating roofs, then the Corporate/Miesian Modern style would apply, but they are not. Consequently, the Midcentury Modern architectural style is the most applicable. 3 From George T. Pierce Jr., FAIA, “Comprehensive Architectural Practice – Bank Building,” in the Journal of the American Institute of Architects, May 1963, p.77. 4 SF Modern, pp.122-125. 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P6
Per SF Modern, “Midcentury Modern and late interpretations of the International Style were the primary styles applied to everyday residential, commercial, and institutional buildings.” 5 Character-Defining Features:
6 1. Projecting eaves and exposed rafters

2. Cantilevered overhangs

3. Flat, shed or low-pitched gable roof forms

4. Vaulted roofs and overhangs

5. Articulated primary facades

6. Stucco, wood (often vertical), or corrugated siding

7. Stacked Roman brick or stone often used as accent material

8. Expressed post and beam construction

9. Strong right angles and simple cubic forms

10. Projecting vertical elements

11. Large steel- or wood-framed windows

12. Canted windows

13. Painted finish is often stained, earth tone, or brightly colored

14. Projecting boxes that enframe the upper stories

15. Atrium or courtyard entryways

16. Overhanging trellises, sunshades, and pergolas
Of these 16 characteristic features, the 1030 Third St. building fully exhibits three (2, 8, 9) and partially exhibits two (1, 3).

Evaluation
The subject property and its building were previously evaluated for historic resource potential when they were documented in a May 2021 Historic Resource Inventory of a partial range of downtown San Rafael resources.7 That effort assigned potential historical significance to the 1030 Third St. building based on its modern design and found that the building is “probable [sic] eligible as landmark, designed bv John Carl Warnecke.” A supplemental note to that inventory record further concluded that “the building is eligible for the NRHP as an example of Modern Commercial Architecture and the work of a Master.” The prior recordation was also supplemented by State of CA Department of Parks and Recreation (DPR) historical inventory forms, dated 2020, and which was a part of the 2020-2021 downtown inventory.8 It is therein that the 1030 Third St. building is identified as eligible for the National Register of Historic Places on the bases of its Commercial Modern architecture along with its architect, John Carl Warnecke, and with the following range of character defining features (without reference to any typological standards):
• Flat concrete roof with wide extending eaves
• Penthouse with slanting sides
• Copper siding on penthouse
• Interspersed vertical and long horizontal windows on all facades 5 SF Modern, pp.115-116.
6 SF Modern, pp.181-182.
7 City of San Rafael, Downtown San Rafael Precise Plan: Historic Resources Inventory Summary Report, May 2021, p.5-83.
8 Garavaglia Architecture, Inc.; Department of Parks and Recreation (DPR) forms 523A & 523 B, 1030 Third Street; June 30, 2020, 7 pages (@https://www.cityofsanrafael.org/downtown-historic-preservation/) 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P7
• Revolving entrance door
• Wide, low concrete steps
In addition to significance findings, the prior evaluation record noted that the resource “appears to retain integrity, further study needed.” Such commentary suggested that, in the context of a downtown survey, the subject resource was not fully researched and evaluated. While a set of DPR forms was simultaneously prepared, that documentation is cursory and provides minimal factual evidence about the extant building.

While the prior evaluation stated that the “composition of elements that constitute the form, plan, space, structure, and style of the building are unaltered; therefore, the building retains integrity of design;” and that the “building’s integrity of materials and workmanship is evident in the survival of exterior architectural features,” the building has in fact been substantially altered, both interior and exterior, the latter the focus of historical potential. As summarized above, 1030 Third St. was altered in 1982 and even more extensively in 1987, which alterations fall outside any potential historical period. Several earlier alterations, which were not completed with the Warnecke firm, are also without any potential importance.

Those identifiable alterations were not addressed in the 2020-21 evaluations, nor is there evidence that the permit history was researched. In the 2020 DPR forms, while identified as character defining features, the interspersed vertical and long horizontal windows on all facades and the revolving entrance door were later alterations. The front (south) entry stairs were assumed to also be original, yet there is the possibility that that entry was added in the 1980s, as the original building entry was likely at its northwest corner and the 3 central bays of the south elevation each glazed. Another identified feature is the copper clad penthouse, which material is not copper. Additionally, the domed, cylindrical and rounded features added to the building go unnoticed in the inventory record, curiously so, since those forms are anathema to the original modern architectural style. Moreover, the principal characteristics of the original building is its concrete post-and-beam structure with exposed aggregate wall panels, whereas the only mention of concrete in the evaluation record is the “concrete roof.” Altogether, the only extant feature that was accurately identified as characterdefining is the penthouse with its slanted wall.

Other discrepancies in the DPR forms – which are recorded as “intensive” but inhabited by boiler plate information irrelevant to the specific resource and which unedited, cut-and-paste quality carries through the document – include:
• The architect is identified as John Carl Warnecke, rather than, more accurately, John Carl Warnecke and Associates.
• More substantively, Warnecke is also attributed as the builder, whereas the Warnecke firm were planners and architects, not contractors (who were clearly identified in the original permit records).
• The References section has no citations specific to this resource while having included an assessment record for a residential property under a different parcel number. • The Location Map is for a different property.
• The Evaluation section refers to a “house” and a “residence,” not a commercial building. • It also appears that the evaluators depended on remote images of the property rather than field work, as each of the published photos are Google Earth, further explaining some of the simple discrepancies.
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P8
In sum, the record demonstrates inaccuracy and yet, based thereon, the subject building is currently considered an historic resource by the City of San Rafael. Per the Historical Resources Guidelines under the California Public Resources Code: “… an historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Historical resources included in a local register of historical resources… are presumed to be historically or culturally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant” (from sec. 21084.1).

Given the prior cursory evaluation and its inaccuracies, the current effort readdresses the subject resource based on focused documentation and evaluation. To be eligible for listing on the California Register (CR), a resource must be historically significant at the local, state, or national level, under one or more of the following four CR eligibility criteria, each of which are listed and thereafter addressed:

1. It is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.

In its mid-20th century commercial development context, there are no development patterns of any potential historic importance associated with this property and its branch bank building, so 1030 Third St. does not meet CR criterion 1.

2. It is associated with the lives of persons important in our past.

In the course of this intensive research effort, anonymous banking institutions were directly associated with the development and ownership of the subject site and its building, but to which no specific persons were identifiably associated. Consequently, the subject commercial property and building do not meet CR criterion 2.

3. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.

The basic and heavily altered building at 1030 Third St. lacks distinctive design and construction character and characteristics of its type, period or region, and there are no distinctive methods of construction. As demonstrated above and based on the defined characteristics of commercial Midcentury Modern architecture, the 1030 Third St. building exhibits few and which features are more typical than distinctive of the style.

Also per SF Modern, based on the firm’s design output, John Carl Warnecke is appropriately listed under International Style architects (p188). The rigid design of 1030 Third St. verges on that style, yet its small scale and material effects differ.

For John Carl Warnecke and Associates, 1030 Third St. was one of a dozen such commissions by Wells Fargo Bank in the early 1960s, alongside a few other small branch banks of the same period. Of those, some seven are readily identified as surviving (figs.17-20). No two are the same designs though they are all low, rectangular plan commercial buildings with concrete frames infilled with concrete wall panels and relatively generous full-height windows along with deeply overhanging concrete roofs. A number have popped-up second stories set in a surround of hipped roofs. All appear to have or have had corner entries. Given their period, all necessarily 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P9
had parking lots and each originally had drive-up banking lanes and windows, which were covered in some form
Of these directly related projects, the closest design resemblance to 1030 Third St. is the Mountain View branch (fig.21-22). Though its roof overhangs are more shallow and there is no second story pop-up, the exposed post-and-beam concrete frame, walls of panelized concrete and concrete roof are the same. The exposed aggregate wall panels and full height windows of the Mountain View example also appear less altered so, by comparison, that example demonstrates the original versus altered exterior of 1030 Third St., in contrast to which each of the other examples also retain their more generously glazed exteriors. While it appears that these surviving, early 1960s Wells Fargo branches have been altered and added to, even then, most appear to be better examples of the Midcentury Modern genre by simply being more original than 1030 Third St.

Altogether, the range of early 1960s branch banks attributed to the Warnecke firm are Midcentury Modern commercial building designs, some more rigidly modern and others more suburban-ranch-like, the differences simply depending on their rooflines.

Those branch banks are not collectively or individually unique or distinctive works of period architecture. They are typical examples of a building type and design typical of the 1960s. As demonstrated, many examples exist including in San Rafael, in particular the former Crocker Bank (now Wells Fargo) at 1203 Fourth St. (fig.23) and which also dates to 1964 (Robert W.

Severin, arch.), which extant building visually demonstrates far more intact and better Midcentury Modern attributes (1203 Fourth has been historically evaluated, at least in part, yet without conclusive information or determination). Finally, there is another Midcentury Modern building in central San Rafael, the extant design qualities of which far exceed the 1030 Third St. building – San Rafael’s City Hall (1966, San Rafael Associated Architects), which association included the aforementioned Robert W. Severin9 and which building distinctively employs an actual copper mansard roof treatment (fig.24) – yet that building has apparently not been historically evaluated.

While John Carl Warnecke and Associates are historically recognized modern architects, the firm’s range of bank buildings, especially their small commercial branch banks, are not their claim to fame. The basis of their fame is their prominent, large-scale International Style planning, architectural and landscape architectural commissions.

While the building was designed by an architectural firm of unequivocal historic importance, in the context of the work of John Carl Warnecke and Associates, the subject branch bank building is a negligible representation. It is also unarguable that the extant building has been substantially and very visibly altered from the original mid-20th century work so is therefore neither a distinctive nor representative example of the Warnecke firm.

Other architects/designers associated with the subsequent alteration projects included Keith Johnson (1982) and Andrew James Ring (1987). Neither of those architects are of any potential historical importance. Additionally, both cumulatively altered the original design. 9 Per the existing City Hall plaque, San Rafael Associated Architects consisted of Carl F. Gromme, Ralph B.

Priestley, George W. Banning, Felix M. Warburg, Eugene E. Crawford, Gordon A. Phillips and Robert W. F.

Severin.
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P10
Further, there is no identified landscape architects or any landscape design of any potential historical importance, and the site and its building do not embody any artistic intent or artistry.

Therefore, 1030 Third St. has no identifiable design or construction significance under CR criterion 3.

4. It has yielded, or may be likely to yield, information important in prehistory or history.

Relative to potential historical resources, the subject property has not yielded and at this juncture, beyond the contents of this report, does not have any potential to yield additional information of any historical importance (and pre-history is not a part of this historical evaluation effort). Consequently, 1030 Third St. does not meet CR criterion 4.

Conclusion
The subject building at 1030 Third St. in San Rafael does not meet any CR criterion so lacks potential historical significance and is, therefore, not an historic resource for the purposes of CEQA.

Signed:

Mark Hulbert
Preservation Architect
attached: Figs.1-24 (pp.11-21); copies of permit records (10pp.); MH professional qualifications (3pp.) 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P11
Fig.1 – 1030 Third St. (highlighted) – Location aerial (Google Earth, 2022, north is up) Fig.2 – 1030 Third St. (highlighted) – Site aerial (Google Earth, 2022, north is up)

FOURTH STREET

THIRD STREET

A STREET

THIRD STREET

A STREET
HWY. 101

DOWNTOWN

SAN RAFAEL

SECOND STREET

FOURTH STREET

C STREET
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P12
Fig.3 – 1030 Third St. (highlighted) – from Assessor’s Parcel Map Fig.4 – 1030 Third St. – South side from Third St. (Google Earth, 2021) 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P13
Fig.5 – 1030 Third St. – West side from A St. (figs.5-8, MH 2022) Fig.6 – 1030 Third St. – East side from Third St.
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P14
Fig.7 – 1030 Third St. – North side from A St.

Fig.8 – 1030 Third St. – East and north side from site
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P15
Fig.9 – 1030 Third St. – Primary cumulative exterior changes shaded in blue (from 1987 permit drawings, Andrew James Ring III, arch.)
North Elevation
East Elevation
West Elevation
South Elevation
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P16
Fig.10 – 1030 Third St. – South addition (figs.10-15, MH 2022) Fig.11 – 1030 Third St. – South entry alteration and addition 1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P17
Fig.12 – 1030 Third St. – South wall alterations
Fig.13 – 1030 Third St. – North entry
and roof alterations
Fig.14 – 1030 Third St. – West side addition and
entry alteration
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P18
Fig.15 – 1030 Third St. – North side addition
Fig.16 – 1030 Third St. – North side alterations
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P19
Fig.17 – Wells Fargo Bank, Belmont
(figs.16-22 - John Carl Warnecke and Associates, arch., 1964 - Google Earth 2022) Fig.18 – Wells Fargo Bank, Chico
Fig.19 – Wells Fargo Bank, Saratoga
Fig.20 – Wells Fargo Bank, Warm Springs
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P20
Fig.21-22 – Wells Fargo Bank, Mountain View
1030 THIRD ST., SAN RAFAEL
MHPA – HR EVAL – 030423 – P21
Fig.23 – Crocker Bank (current Wells Fargo), San Rafael (Robert W. Severin, arch., 1964 - MH 2022) Fig.24 – San Rafael City Hall (San Rafael Architects Associated, 1966 - MH 2022)

7.b Dominican Valley (Removed from Agenda)
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 8.a
Meeting Date: October 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: Micah Hinkle, Community &
Economic Development Department
City Manager Approval: ______________
TOPIC: MARIN TRANSIT POTENTIAL LAND USE IN THE CANAL NEIGHBORHOOD SUBJECT: INFORMATIONAL REPORT ON MARIN TRANSIT REQUEST FOR GENERAL PLAN 2040 CONFORMANCE DETERMINATION AND POTENTIAL LAND USE IN THE

CANAL NEIGHBORHOOD
RECOMMENDATION:

Accept the report on Marin Transit Request for General Plan 2040 conformance determination and potential land use in the Canal neighborhood.

BACKGROUND:

Marin Transit has been searching for a suitable property to serve as a bus storage and electric charging facility for several years. The Marin Transit Board of Directors has discussed this issue in depth during multiple recent meetings, reflecting the agency’s ongoing efforts to address its operational needs. For further background, additional information is available here:
https://marin.granicus.com/MetaViewer.php?view_id=31&event_id=3820&meta_id=1337215.

After entering into a contract to acquire a large, centrally located Canal neighborhood property – 1075 Francisco Boulevard East -- Marin Transit requested the City’s Planning Director to make a general plan conformance determination as to the suitability of the property to house an electric bus charging and storage facility. After careful review, the City determined that Marin Transit’s proposed land use does not conform with the City’s General Plan 2040.

On September 13, 2024, the City issued a letter to Marin Transit (Attachment 1), formally conveying this conclusion.

ANALYSIS:

Notwithstanding the City’s determination, Marin Transit is considering invoking their authority under Government Code §65402(c) to “overrule” the City. Section 65402(c) provides that a city’s general plan conformance disapproval may be overruled by a local agency thereby enabling them to acquire property despite a city determination that such acquisition would not conform to the general plan.

The City understands the potential importance of this project to Marin Transit, yet the proposal raises concerns related to the Canal neighborhood, particularly in terms of land use compatibility, community involvement, equity, traffic, noise, and environmental impact. The General Plan 2040 seeks to preserve SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
community character and ensure land use decisions that promote the well-being of neighborhoods, which guided the City’s determination of non-conformance.

While this project could advance Marin Transit’s operational goals, it raises significant concerns for the Canal neighborhood and the preservation of a key economic property in East San Rafael. Introducing a bus storage facility would negatively impact this key commercial corridor's economic sustainability and viability, which has been a focal point of economic development activity over the past 30 years. As background, the site has historically served as a key economic generator for the San Rafael community as the Dodge auto dealership provides job creation and revenue generation in one of San Rafael’s key business sectors. Through various economic cycles and years of environmental site clean-up and remediation, the dealership was demolished and acquired for hospitality development. In 2020, the City approved the site for a Hampton Inn and Home 2 Suites dual-brand hotel. Given its location, size, visibility, and development opportunity, this site is a key economic development site. The site is the gateway to the Canal Neighborhood and has a high visibility presence along East Francisco Boulevard and the Highway 580/101 interchange. The high visibility and size make it a highly desirable site for regional commercial and hospitality. The site is designated as Community Commercial Mixed Use in the San Rafael General Plan 2040. The designation is one of the few designations the City has for key economic land uses providing for jobs and revenue generation. The proposed Marin Transit use would be better suited in one of the City’s industrial designated sites that allow for the type, infrastructure, and intensity that is anticipated. Utilization of the site for industrial use would be a significant opportunity loss to deliver a regional service commercial use or hospitality that was envisioned and cultivated over the past 30 years.

Additionally, equity concerns have surfaced, particularly if the community has not been adequately involved in the planning process. A lack of community engagement could deepen disparities in a historically underserved neighborhood, where land use decisions must reflect the voices and priorities of residents. The City has also adopted an Equity, Diversity, and Inclusion Element to General Plan 2040, which calls for “authentic and inclusive public participation” (Goal ED-1). Best practices in urban planning and design emphasize the importance of equity and inclusive decision-making, particularly in neighborhoods that have been historically marginalized. Engaging the community early and often in the planning process ensures that land use decisions align with the needs of residents and promote longterm benefits, such as improved economic opportunities and quality of life. Failure to do so can lead to projects that exacerbate existing inequities and undermine trust between local governments and the communities they serve.

At this time, the City continues to engage in discussions with Marin Transit to explore alternatives that may better align with the General Plan and community values. However, if Marin Transit proceeds to overrule the City’s determination that the acquisition does not conform to the City’s general plan, the City’s ability to influence the project may be limited.

The City’s primary interest is to ensure that the community is fully aware of and actively involved in discussions about this potential project. By engaging residents in the planning process, we can explore potential community benefits, such as job creation or improved public transit services, that a project like this could bring to the Canal neighborhood.

Next Steps
The City will communicate with Marin Transit regularly and work to identify solutions that address both their needs and community concerns. As discussions progress, updates will be provided to the City Council and the community. Staff will also monitor any action taken by Marin Transit under Government Code §65402(c) and keep the City Council informed of any further developments.

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

There is no fiscal impact associated with this item. It is for informational purposes only.

OPTIONS:

1. Accept the report

2. Reject the report

3. Request staff return with additional information
RECOMMENDED ACTION:

Accept the report
ATTACHMENTS:

1. City of San Rafael Letter to Marin Transit, September 13, 2024 Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember September 13, 2024
Marin Transit
Nancy Whelan, General Manager
711 Grand Ave, #110
San Rafael, CA 94901
Subject: Request for report on conformity with General Plan pursuant to Government Code Section 65402(c); 1075 East Francisco Boulevard The City of San Rafael is in receipt of your August 6, 2024 request for conformity with the General Plan pursuant to Government Code Section 65402(c) for the property located at 1075 East Francisco Boulevard. The request from Marin Transit requested that the City only consider the fact that Marin Transit was acquiring the property, and not consider any possible future use. However, Govt Code Section 65402(c) states in part that, A local agency shall not acquire real property for any of the purposes .. or construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Therefore, staff is responding to this request in two parts:

1. The acquisition of the property, and

2. The potential future use of an electric vehicle bus charging and transit purposes. This is the potential use referenced in the request.

It is possible that the acquisition of this property by Marin Transit could result in a use that is in conformance with the vision and intent of the San Rafael General Plan 2040 for this parcel. However, the use of an electric vehicle bus charging and maintenance facility would not be consistent with the adopted General Plan 2040 for the subject property.

Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember Adopted San Rafael General Plan 2040 Land Designation
Mixed-Use Land Use categories. There
are five mixed use categories in the city limits. The General Plan notes that each category allows both residential and non-residential uses. It further notes that other compatible uses, such as schools, childcare centers, parks, and religious facilities, may locate in each designation, subject to specific requirements codified through zoning. It does not note that an industrial use would be allowed in these designations.

This parcel is designated as Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3) This designation is described as follows in the Land Use Element: This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West.

The Neighborhood Element provides further guidance to what sorts of uses would be considered compliant with the vision of this parcel. It notes that it is part of the Canal District. On Page 4.4- The southern part of the Canal District includes a grid of streets facing Francisco Boulevard East. The area along Medway Road and Vivian Street is the commercial heart of the neighborhood, but it lacks cohesion, landscaping, lighting, and other amenities that create the sense of a neighborhood center. Many of the structures are inexpensive post-war metal buildings. The area could be reimagined with gathering places, pedestrian spaces, and safer connections to nearby residential areas. New models for community engagement will be needed to design and create a place that truly meets community needs. Care must be taken to keep rents affordable and not displace cost-sensitive service uses and small businesses. It specifically notes that, Francisco Boulevard East should be improved as a neighborhood gateway, with better sidewalks, signage, landscaping, and lighting. The Canal neighborhood is somewhat isolated from Downtown and the rest of the city and should be better connected by transit, sidewalks, and bicycle lanes.

San Rafael Zoning Ordinance
Z
(Gov. Code 65860(d)). Therefore, staff is referencing the determine what were the intended uses identified in the Community Commercial Mixed Use designation. The site has a zoning designation of General Commercial and is described as a district that promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have Kate Colin, Mayor Vice Mayor Councilmember Maika Llorens Gulati, Councilmember freeway or major street access and visibility. Residential use is allowed with a use permit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan.

San Rafael Municipal Code Table 14.05.020 (Table of Allowed Uses in Commercial Districts) does not list an electric vehicle bus charging and maintenance facility at all. Any use not listed in this table is considered prohibited.

However, under San Rafael Municipal Code Section 14.02.040 C - Zoning Regulations notes that where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the planning director shall determine the intent of the provision. Understanding that Marin Transit is seeking a location for a bus charging and maintenance facility, I would categorize that proposed use resembling the listed use, ublic and utility facilities (corporation, maintenance or storage yards, utility distribution facilities, etc. not allowed in General Commercial district, but is
Land Use designations with permit review.

In summary, staff has determined that the potential use of an electric vehicle bus charging and maintenance facility inconsistent with the applicable San Rafael General Plan 2040 Community Commercial Mixed Use land designation.

It is staff's understanding that Marin Transit is still in early phases of due diligence for potential acquisition of this property and determining what the use of the property would be. City staff are available to meet and discuss potential uses that would be compliant with the site's General Plan and zoning designations.

Should there be follow up questions, please do not hesitate to contact me and we can schedule a meeting.

Sincerely,
Micah Hinkle
Community & Economic Development Director
City of San Rafael
415-485-3460
[email protected]
C. Cristine Alilovich, City Manager