Agenda packet — San Rafael City Council, January 21, 2025

AGENDA
SAN RAFAEL CITY COUNCIL - TUESDAY, JANUARY 21, 2025
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch online: https://tinyurl.com/cc-2025-01-21
or www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.

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

3. City Manager and Councilmember Reports:

CONSENT CALENDAR:

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular and Special City Council Meetings of December 16, 2024 (CC)
Recommended Action - Approve minutes as submitted
b. Memorial Bench for Judge Richard H. Breiner
Approval of License Agreement and Memorial Bench (CA)
Recommended Action – Adopt Resolution
2 c. ADA Access Advisory Committee Appointment
Appointment of Ted Jackson to an Unexpired Four-Year Term on the ADA Access Advisory Committee Through the End of April 2028 Due to the Expiration of Term of Timothy Lord (CC)
Recommended Action – Approve Appointment
d. Planning Commission Alternate Member Appointment
Appointment of Jeff Kent to a Four-Year Alternate Member Term on the Planning Commission Through the End of April 2029 Due to the Creation of Two New Alternate Member Architect Seats (CC)
Recommended Action – Approve Appointment
e. Strategic Planning Services for Council Goals and Objectives 2026-2028 Agreement Authorize the City Manager to Enter into a Professional Services Agreement with Jacob Green & Associates (“JGA”) for Strategic Planning Services in the Amount Not to Exceed $90,000 (CM)
Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Jacob Green & Associates (“JGA”) for Strategic Planning Services for Council Goals and Objectives for 2026-2028 in an amount not to exceed $90,000 f. Miovision Traffic Camera Perpetual Services Agreement Authorize the City Manager to Enter into an Agreement with Miovision Technologies Incorporated for Traffic Camera Perpetual Service License in an Amount Not to Exceed $206,483 (PW)
Recommended Action – Authorize the City Manager to Enter into an Agreement with Miovision Technologies Incorporated for a Traffic Camera Perpetual Services License for a Total Not to Exceed Amount of $206,483; And, Authorize a Supplemental Budget Appropriation in the Amount of $103,242 from the General Fund for the Agreement

SPECIAL PRESENTATIONS

5. Special Presentations:
a. Presentation from Marin/Sonoma Mosquito & Vector Control District (CC)

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Canal Community Based Transportation Plan
Status Update on the 2022 Canal Community Based Transportation Plan (PW) 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.
3 ADJOURNMENT:

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

Minutes subject to approval at the 01/21/25 City Council Meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, DECEMBER 16, 2024
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

SPECIAL MEETING AT 5:30 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch online: https://tinyurl.com/cc-2024-12-16
or www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: None
Also Present: Assistant City Manager John Stefanski
City Attorney Rob Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 5:30 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate invited public comment.

Speaker: Gary Ragghianti
CONSENT CALENDAR:

1. Consent Calendar:

Councilmember Kertz moved and Councilmember Bushey seconded to approve the Consent Calendar.
a. November 5, 2024 General Municipal Election Results
Resolution Declaring Canvass of Votes Cast and Results of the Consolidated General 2 Municipal Election Held on November 5, 2024, to Include Results of Ballot Measure P (CC) Resolution 15361 - Resolution Declaring Canvass of Votes Cast and Results of the Consolidated General Municipal Election Held on November 5, 2024, to Include Results of Ballot Measure P AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
SWEAR-IN CEREMONY:

2. Swear-in Ceremony:
a. Swear-in Ceremony for the Following Newly Elected Officials (CC):
• Lindsay Lara, City Clerk
• Robert Epstein, City Attorney
• Maika Llorens Gulati, Councilmember District 1
• Rachel Kertz, Councilmember District 4
• Kate Colin, Mayor
ADJOURNMENT:

Mayor Kate adjourned the meeting at 5:46pm

REGULAR MEETING AT 6:00 P.M.

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: None
Also Present: Assistant City Manager Angela Robinson-Piñon City Attorney Rob Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate provided opening remarks which included gratitude to City Staff (especially to Public Works, Police and Fire Departments in responding to the community during the big storms), an announcement of the Employee of the 3rd Quarter (Hector Carlos, Senior Code Enforcement Supervisor), end of year gratitude to residents, board & commission volunteers, City Staff, local businesses, community nonprofits and all stakeholders who engage with the City, and a mural unveiling announcement and land acknowledgment.
3 City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

OPEN SESSION

1. None.

CLOSED SESSION

2. Closed Session: - None.

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

3. City Manager and Councilmember Reports:

Assistant City Manager John Stefanski reported on:
• Congratulations to the City’s newly elected officials • Gratitude to the San Rafael Library Foundation for their dedication and advocacy to the passage of Measure P
• “Peoples of the Canal” mural unveiling to be held tomorrow at the Al Boro Community Center at 1:45 p.m.
• Menorah lighting and Gelt drop to be held Sunday, December 29, downtown, 5-6:30 p.m.
• City Hall and other administrative offices to be closed from December 23rd through January 3rd, Library branches to be closed from December 23rd through January 4th, with the Pickleweed Library closing earlier on the 21st. Police, Fire and Paramedic services will not be affected during this time and all emergency personnel to remain on duty. • Next City Council meeting to be held Tuesday, January 21, 2025 City Councilmember Reports:
• Vice Mayor Hill reported on an Economic Development Subcommittee meeting and the Fire Station 51 Open House.
• Councilmember Kertz reported on a Homeless Policy Steering Committee quarterly meeting, the Lighted Boat Parade, the City Holiday Reception, the City Council Retreat, and the Fire Station 51 Open House.
• Councilmember Bushey reported on the Lighted Boat Parade, a symphony at St.

Raphael’s Church, and a Central Marin Sanitation Agency meeting. • Councilmember Llorens Gulati reported on a couple of Marin Clean Energy meetings, the Canal Alliance Leadership Academy graduation, the Lighted Boat Parade, Jamie Ortiz as the Marin Latino Leader of the Year, an East San Rafael check-in with Supervisor Rodoni, a task force meeting evaluating a parking permit in the Canal, the Employee Holiday Ugly Sweater Party, and the Canal Alliance High Tide Day. • Mayor Kate reported on a Transportation Authority of Marin (TAM) meeting and a sanctioned camping area tour.

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

CONSENT CALENDAR:

City Attorney Robert Epstein provided comments on agenda item 4.f.

Mayor Kate invited public comment.
4 Speakers: Grace Geraghty, Responsible Growth Marin, Phil Holstein, Responsible Growth Marin, Laura Silverman, Responsible Growth Marin, David Smith, Responsible Growth Marin, Shirley Fischer, Responsible Growth Marin, Julie Case, Responsible Growth Marin, Susan Coleman, Responsible Growth Marin, Name Withheld, Philip Wyatt, Kurt Rossetti, Joe Upjohn and Al Vetere.

Agenda item 4.b held from the consent calendar.

City Attorney Rob Epstein responded to questions raised during public comment (regarding agenda item 4.f)
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to approve the remainder of the Consent Calendar.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Assistant City Manager John Stefanski commented on agenda item 4.b and invited Nira Doherty, Special Counsel, and Community and Economic Development Director Micah Hinkle, to respond to questions raised during public comment and by the City Council.

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Bushey seconded to waive the second reading and adopt by title only Ordinance 2043.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Waived the Second Reading and Adopted by Title Only Ordinance 2043

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of December 2, 2024 (CC) Approved minutes as submitted
b. Northgate Town Square Project Ordinance Adoption
Waive the Second Reading and Adopt by Title Only Ordinance 2043 Entitled: An Ordinance to adopt a Zoning Amendment to establish the Northgate Town Square Planned Development (PD) District, approve the Northgate Town Square Development Plan, amend the City’s Zoning Map, and rezone the 44.76-acre Northgate Mall property from General Commercial to the Northgate PD District and including adoption of Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project (CC) Waived the Second Reading and Adopted by Title Only Ordinance 2043 5 c. Northgate Mall Redevelopment Project Environmental Consulting Services Authorize the City Manager to Execute the Third Amendment to the Professional Services Agreement with LSA Associates, Inc. for Environmental Consulting Services for the Northgate Mall Redevelopment Project in an Amount of $105,000, for a Total Contract Amount of $615,851 (CED)
Authorized the City Manager to execute a Third Amendment to the Professional Services Agreement with LSA Associates, Inc. for additional environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $105,000, for a total not to exceed contract amount of $615,851
d. Legislative Advocacy Services Agreement Renewal
Resolution Authorizing the City Manager to Enter into a Two-Year Agreement with Emanuels Jones & Associates for Legislative Advocacy Services in an Amount Not to Exceed $93,670 (CM)
Resolution 15362 - Resolution Authorizing the City Manager to Enter into a Two-Year Agreement with Emanuels Jones & Associates for Legislative Advocacy Services in an Amount Not to Exceed $93,670
e. Peacock Gap Park Playground Improvement Project
Award the Construction Agreement to Rapid Grading Services and Authorize Supplemental Budget Appropriations for the Peacock Gap Park Playground Improvement Project (PW i. Awarded the construction agreement (the “Construction Agreement”) for the Peacock Gap Park Playground Improvement Project (the “Project”) to Rapid Grading Services; And, authorized the City Manager to execute the Construction Agreement in the amount of $804,950; And, authorized the City Manager to amend the contract amount using contingency funds of $120,050 for a total not to exceed amount of $925,000 for the Project ii. Authorized a supplemental budget appropriation in the amount of $210,000 from the Parks Measure A Fund (Fund 241) for the Project
iii. Approved plans and specifications for the Project (also referred to as “City Project No. 11436”), deemed reasonable by the City Engineer, on file in the Department of Public Works f. Amendment to City Manager Employment Agreement and Fire Chief Employment Agreement
i. Resolution Approving and Authorizing the Mayor to Execute an Amendment to the Employment Agreement Between the City and City Manager Cristine R. Alilovich; And, Resolution Authorizing the Mayor and City Manager to Execute an Employment Agreement with Abraham Roman to Serve as the City of San Rafael Fire Chief (HR) Resolution 15363 - Resolution Approving and Authorizing the Mayor to Execute an Amendment to the Employment Agreement Between the City and City Manager Cristine R.

Alilovich; And
Resolution 15364 - Resolution Authorizing the Mayor and City Manager to Execute an Employment Agreement with Abraham Roman to Serve as the City of San Rafael Fire Chief

SPECIAL PRESENTATIONS

5. Special Presentations:

Mayor Kate invited public comment; however, there were none. a. Proclamation Supporting Shop San Rafael (CED)
Mayor Kate presented the proclamation.
6 San Rafael Chamber of Commerce President & CEO Karen Strolia and Business Improvement District Director Sarah Tipple provided comments. b. Proclamation Supporting the City of San Rafael’s 150th Anniversary (CM) Mayor Kate presented the proclamation.

Marin County Board of Supervisors President and District 4 Supervisor Dennis Rodoni provided comments.
c. Proclamation Supporting the Fire Department’s 150th Anniversary (FD) Mayor Kate presented the proclamation.

Fire Chief Abraham Roman provided comments along with Fire Commissioners David Fonkalsrud, Brian Waterbury and Stan Burford. Also, Marin County Fire Chief Jason Weber provided comments.

PUBLIC HEARINGS

6. Public Hearings:
a. Downtown Business Improvement District (BID) Assessment Annual Renewal Resolution Confirming the 2024 Annual Report for the Downtown San Rafael Business Improvement District and Levy of Assessments for Calendar Year 2025 (CED) Resolution Confirming the 2024 Annual Report for the Downtown San Rafael Business Improvement District and Levy of Assessments for Calendar Year 2025 Community and Economic Development Director Micah Hinkle introduced Assistant Director of Community and Economic Greg Minor who presented the Staff Report.

Business Improvement District Director Sarah Tipple provided comments.

Staff responded to questions from the City Council.

Councilmembers provided comments.

Mayor Kate invited public comment.

Speaker: Karen Strolia, San Rafael Chamber of Commerce President & CEO Councilmember Llorens Gulati moved and Vice Mayor Hill seconded to adopt the resolution confirming the 2024 Annual Report for the Downtown San Rafael Business Improvement District and levy of assessments for calendar year 2025.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15365 - Resolution Confirming the 2024 Annual Report for the Downtown San Rafael Business Improvement District and Levy of Assessments for Calendar Year 2025 7 OTHER AGENDA ITEMS

7. Other Agenda Items:
a. Vice Mayor Election and City Council Appointments to Committees for 2025 Elect the Vice Mayor for 2025 and Approve City Council Appointments to Committees for 2025 (CC)
Assistant City Manager John Stefanski presented the Staff Report.

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

Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Kertz seconded to elect Maribeth Bushey as Vice Mayor for 2025.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Elected Maribeth Bushey as Vice Mayor for 2025
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to approve City Council appointments to committees for 2025
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Approved City Council Appointments to Committees for 2025

OPEN TIME FOR PUBLIC EXPRESSION
• Julie Case, addressed the City Council regarding the Northgate Mall Development. • Name Withheld, thanked the City Council for their leadership and dedication.

ADJOURNMENT:

Adjourned 7:48pm
__________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2025

_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.b
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Robert F. Epstein
City Attorney
City Manager Approval: ______________
TOPIC: MEMORIAL BENCH FOR JUDGE RICHARD H. BREINER
SUBJECT: APPROVAL OF LICENSE AGREEMENT AND MEMORIAL BENCH RECOMMENDATION:

Adopt a resolution approving license agreement with SHM Loch Lomond LLC and plan for Memorial Bench for Judge Breiner.

BACKGROUND:

The Honorable Richard H. Breiner (known as "Dick" to his friends) was a long-time resident of the City prior to his death on February 26, 2022. Dick was a lawyer for 17 years and a judge on the Superior Court for 20 years. He was a mensch who was loved, cherished, and respected beyond measure. In 1960, Dick married Dorothy (“Dottie”) Landau. (In 1981, Dottie was the first woman elected to the City Council.) In 1964, Dick answered a nationwide call from CORE (Congress of Racial Equality) and SNCC (Students Nonviolent Coordinating Committee) for lawyers from around the country to go to Mississippi and take depositions of African Americans in that state who were not allowed to register to vote, resulting in losses for the newly formed Freedom Democratic party. He bravely went to Mississippi, enduring threats on his life while there. The depositions were bound and delivered to the House of Representatives, and it is believed that those depositions helped facilitate the passage of the Civil Rights Act of 1965. In 1965, Dick began a private law practice in San Rafael. He served as Deputy Public Defender for the County of Marin from 1965 to 1970, Deputy City Attorney for the Town of Tiburon from 1965 to 1977, City Attorney for the City of Belvedere from 1976 to 1977, and Special Counsel for the Cities of San Rafael, Sausalito, Mill Valley, and Ross. He was also President of the Marin County Bar Association in 1977. Dick was appointed to the Marin County Superior Court in 1977 by Governor Jerry Brown. He served as the Presiding Judge of the Marin County Superior Court from 1980-1981, 1985, 1987-1988, and 1993. He also served as Associate Judge Pro Tem on the California Court of Appeal in 1983, as Associate Justice Pro Tem for the California Supreme Court in 1985, and Presiding Judge for the Marin County Superior Court Appellate Court in 1982 and 1984. He was re-elected to the Superior Court without opposition in 1978, 1984, and 1990.

ANALYSIS:

From time to time, the City chooses to recognize the unique contributions of an outstanding member of the community through the installation of a memorial bench. Through consultation with the Breiner family, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a site was selected at the end of the breakwater path at Loch Lomond. There currently is a bench in place at that location. The attached resolution authorizes (1) the City's execution of a license agreement with the property owner to allow for the City's installation and maintenance of the memorial; and (2) the installation and maintenance of a memorial plaque and, if and when necessary, a new bench.

FISCAL IMPACT:

The cost of a bench with plaque varies from $1,600 to $3,500. Therefore, the maximum cost would be $3,500. This cost can be absorbed in the approved fiscal year (FY) 24-25 budget.

OPTIONS:

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

1. Adopt resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt a resolution approving license agreement with SHM Loch Lomond LLC and plan for Memorial Bench for Judge Breiner.

ATTACHMENTS:

1. Proposed resolution with attached license agreement.

RESOLUTION NO.

RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITH SHM

LOCH LOMOND LLC AND INSTALLATION OF MAINTENANCE OF MEMORIAL BENCH AND PLAQUE HONORING THE LATE HONORABLE RICHARD M. BREINER,

JUDGE OF THE SUPERIOR COURT
WHEREAS, the late Richard M. ("Dick") Breiner, who died on February 26, 2022, was a beloved member of the San Rafael community; and
WHEREAS, Dick was a lawyer for 17 years and a judge on the Superior Court for 20 years; and
WHEREAS, he was a mensch who was loved, cherished, and respected beyond measure; and
WHEREAS, in 1960, Dick married Dorothy (“Dottie”) Landau who, in 1981, became the first woman elected to the San Rafael City Council; and WHEREAS, in 1964, Dick answered a nationwide call from CORE (Congress of Racial Equality) and SNCC (Students Nonviolent Coordinating Committee) for lawyers from around the country to go to Mississippi and take depositions of African American residents of the state who were not allowed to register to vote, resulting in losses for the newly formed Freedom Democratic party. He bravely went to Mississippi, enduring threats on his life while there. The depositions were bound and delivered to the House of Representatives, and it is believed that those depositions helped facilitate the passage of the Civil Rights Act of 1965; and
WHEREAS, in 1965, Dick began a private law practice in San Rafael. He served as Deputy Public Defender for the County of Marin from 1965 to 1970, Deputy City Attorney for the Town of Tiburon from 1965 to 1977, City Attorney for the City of Belvedere from 1976 to 1977, and Special Counsel for the Cities of San Rafael, Sausalito, Mill Valley, and Ross. He was also President of the Marin County Bar Association in 1977. Dick was appointed to the Marin County Superior Court in 1977 by Governor Jerry Brown. He served as the Presiding Judge of the Marin County Superior Court from 1980-1981, 1985, 1987-1988, and 1993. He also served as Associate Judge Pro Tem on the California Court of Appeal in 1983, as Associate Justice Pro Tem for the California Supreme Court in 1985 and Presiding Judge for the Marin County Superior Court Appellate Court in 1982 and 1984. He was re-elected to the Superior Court without opposition in 1978, 1984, and 1990; and
WHEREAS, the City desires to permanently honor Dick's contributions to the community and his memory by installation of a permanent memorial bench and plaque at the end of the breakwater path at Loch Lomond marina; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does as follows:

AUTHORIZES the City Manager or her designee to execute a license agreement with SHM Loch Lomond LLC in the form attached hereto; and DIRECTS that a permanent memorial bench and plaque be installed in Judge Breiner's memory.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday the 21st day of January 2025, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.c
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: ADA ACCESS ADVISORY COMMITTEE APPOINTMENT
SUBJECT: APPOINTMENT OF TED JACKSON TO AN UNEXPIRED FOUR-YEAR

TERM ON THE ADA ACCESS ADVISORY COMMITTEE THROUGH THE
END OF APRIL 2028 DUE TO THE EXPIRATION OF TERM OF TIMOTHY LORD
RECOMMENDATION:

Appoint Ted Jackson to an Unexpired Four-Year Term on the ADA Access Advisory Committee Through the End of April 2028 Due to the Expiration of the Term of Timothy Lord.

BACKGROUND:

The term of Timothy Lord expired in April of 2024 and was left vacant due to a lack of applications received for the ADA Access Advisory Committee. The City Clerk’s office recruited for applications and received one (1) application from Ted Jackson, who is eligible to serve under the Bylaws eligibility requirement 2.2.4 and represent the San Rafael business community interest.

The ADA Access Advisory Committee provides valuable input in determining disability policy for the City of San Rafael. The ADA Access Advisory Committee provides input, advises the City on matters relating to people with disabilities. It is also a primary public networking resource between persons with disabilities, disability service agencies, representatives from government agencies, and others. Members of the committee represent a broad cross-section of members of the community with disabilities, reflecting multiple disabilities and the cultural and gender diversity of the wider disability community.

The ADA Access Advisory Committee works in conjunction with the City of San Rafael.

Meetings are held on the First Wednesday of March, June, September, and December at 2:00 p.m.

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

The City Clerk’s office recruited for the ADA Access Advisory Committee vacancy and received one (1) application. Staff recommends that the City Council appoint Ted Jackson effective immediately and until the end of April 2028.

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

COMMUNITY OUTREACH:

The call for applications for the ADA Access Advisory Committee was advertised through mass email notification, the City website, social media platforms, Marin IJ, and physical posting at City facilities.

ATTACHMENTS:

1. One (1) Application

2. Bylaws
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Ted Jackson
Address / Dirección
Address 2 / Dirección 2
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 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
I have worked at Marin CIL for 1 yr and 8 months
Q4
Business Information
Company Marin Center for Independent Living
Address 710 Fourth Street
City/Town San Rafael
ZIP/Postal Code 94901
#90

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, October 07, 2024 3:42:19 PM
Last Modified: Monday, October 07, 2024 3:59:22 PM
Time Spent: 00:17:02
IP Address: 50.202.131.11

Page 1 ends

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):
colleague referral
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
ADA Access Advisory Committee
Q18
Do you participate in any civic activities? If so, what are they? Yes, I organize regularly with the groups listed in the next answer. We organize and participate in events regularly, for example I recently hosted an emergency preparedness training with Rachel Kertz for caregivers, during the summer we organized disability pride events and a screening and panel of Keeys Bags Names Words (a documentary on caregiving for people with dementia), organized a year long campaign with partners to increase the Marin County IHSS care provider wage, organizing with Marin Parks and disability and family advocates to develop an accessible playground at McInnis Park (on-going), and developing anti-ableism trainings.

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

Marin County HHS Integrated Aging Study Stakeholder Workgroup, older Adult Community Housing workgroup, Marin County Commision on Aging Legislative Advocacy Sub Committee, Marin County Voter Registrar Voter Accessibility Advisory Committee, Marin Organizing Committee, Aging Action Initiative, Marin Aging and Disability Institute.

Q20
Education:

University of Exeter (UK)
University of Cincinnati
Northern Kentucky University
Q21
Why are you interested in serving on a board or commission? To represent Marin CIL for increasing community access for older adults and disabled persons.

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

I can not think of one.

Page 4 ends

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

Ted%20Jackson%20Resume%20October%202024%20(1).pdf (132.1KB) Q24
Ethnicity / Raza/etnia:

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

Page 5 ends

Ted Jackson
Pronouns: He, Him, His
Executive Leadership and Management, LGBTQ & Disability Political, GOTV & Voter Engagement, Voter Protection, Volunteer Recruitment and Management, Public Relations, ADA Accessibility Management, Workshops and Training
Experience
2023- Present
Director of Public Policy and Community Engagement,
Marin
Provide leadership and guidance in strategic, tactical and agreed upon methods for advancing the public policy goals of MarinCIL and its regional, statewide and national partners.

Attend various internal and external meetings as assigned.

Provide public policy analysis, information and communication, conduct training and develop strategies to achieve policy change that supports the community living and independence goals of persons with disabilities. Support MarinCIL CEO, Board of Directors and other principals with policy analysis and progress updates. Engage with municipal, state and federal policymakers and administrative appointees and operatives for advancing pro-disability-related policy.

Supervise the Systems Change Community Organizer (SCCO), for systems change advocacy and community organizing for developing and implementing Marin CIL’s systems advocacy and policy change plan. Supervise Community Resilience Navigator and Marin CIL’s Emergency Management program. Supervise Assistive Technology Advocate and Marin CIL’s Assistive Technology program.
2022 Executive Director, The Center for Independent Living, Inc. (CIL)
Chief Executive Officer of an internationally esteemed non-profit organization serving people with disabilities and leading advocacy to achieve Independent Living. Directing day-to-day and long-term strategic operations for a government and privately funded organization with a $4 million budget and $8 million endowment, with 30+ staff providing services disabled persons in Berkeley, CA. Increased service productivity by 365% in 8 months.
2021 - Present
American University, School of Public Affairs, Adjunct
Faculty (Washington, D.C. - Remote)
Coursework explores the Americans with Disabilities Act, its implementation and current disability policy advocacy to break barriers to access, the cultural evolution of the disability social justice and Independent Living movement and civic engagement of disabled Americans.
2020-2021
59th Presidential Inaugural Committee, Accessibility Advisor, Associate Director
Coalitions-Disability Engagement (Washington, D.C. - Remote) Advised on accessibility, useability and accommodations for Deaf and disabled participants and audience of inaugural virtual events, including communication access, program advance communication and program planning for all aspects of the Presidential Inauguration. Directed inclusive disability community engagement for participation in the Presidential Inaugural virtual events, including coalition building, organizational and community relations, program communication and disabled principal recruitment.
2020 Democratic National Committee, Senior Advisor
Accessibility and Disability Political Engagement
(Washington, DC - Remote)
Advised on election cycle political operations for ADA accessibility and disabled voter engagement, including communications, event logistics, state party and coordinated campaign relations, volunteer recruitment and retention and GOTV. Organized nearly 100 disability leaders covering over 30 states, collaborated with Biden for President Victory 2020 to train over 2000 Democratic activists in accessibility and disability voting rights. Managed accessibility and disability-focused voter protection operations including building ADA Legal Election Day deployment teams. Staffed the DNC Disability Council, constituency chairs and principal surrogates.
2019- Democratic National Convention Committee,
Director of Accessibility 2020 and Disability Engagement (Milwaukee, WI)
Directed accessibility operations for the 2020 Democratic National Convention in Milwaukee, WI, the first national virtual political convention of its kind. Senior staff position managing accessibility planning and logistics for all aspects disabled delegate and guest participant experience (in-person, virtual, digital, physical and communication access) from pre-convention processing and committee meetings to official convention proceedings and constituency and allied partner events. Conducted the DNCC’s first-ever request-for-proposal process for American Sign Language (ASL), live captioning and audio description. Managed ADA accommodation requests that increased by over 500% and
accessibility staff which grew by 600% from the 2016 convention.

Engagement efforts resulted in a diverse coalition of 25 local and regional disability organizations for assisting with accessibility planning. Intersectional disabled leaders also represented civic, LGBTQ, people of color, academic and legal advocacy communities.

Outreach included accessibility technical assistance programs and materials for DNCC staff, vendors and suppliers, civic and community partners, progressive allies and Democratic State Party delegations.

Disabled participation in convention meetings and events increased by over 400% from the 2016 convention.
2019 Democratic National Committee, Accessibility Coordinator, National Disability and LGBTQ Political Director,
(Washington, DC)
Coordinated Democratic Party accessibility operations and logistics including DNC meetings and events, sister committee events on request, and the 2019 Presidential Democratic Primary Debates.

Developed ADA accessibility curriculum and conducted training for over 1500 Democratic party operatives and activists including DNC and DNCC staff, presidential and down ticket campaign staff, candidates, Democratic State Party staff, the Association of State Democratic Chairs and grassroots leaders and volunteers.

Participated in the DNC Chair’s 2020 convention technical advisory group to evaluate applicant cities for hosting the 2020 Democratic National Convention.

Managed the Disability and LGBTQ national political portfolios.

Increased disability constituency membership by 50% and LGBTQ Caucus advisory body by over 100 leaders. Managed grassroots engagement events in Washington, DC and across the nation including Georgia, California, Ohio, Texas and Florida. Preparing and staffing principal surrogates. Maintained regular leadership and constituency programming, reports to DNC leadership, list building and communications support.
2017 - 2018
California Foundation for Independent Living Centers,
Remote Consultant, Disability Organizing Network
(California-Statewide)
Managed a network of disability community organizers in 58 counties for federally funded public education advocacy campaigns affecting accessibility policy change and implementation. Conducted regular strategy and training events for local, regional and statewide network members, partner organizations and volunteers. Directed advocacy actions to increase access to healthcare, education, transportation, housing and voting for Californians with disabilities.
2017- 2018
Women’s March, Inc., Remote Consultant, Accessibility
Director & Power to the Polls Political Co-Director
(Washington, DC - New York, NY - National)
Managed and planned accessibility logistics and disabled participant ADA accommodation requests for actions and events including the Women’s March (Washington, D.C. 2017), NRA-2-DOJ March (VA-DC 2018), The Women’s Convention (Detroit 2018), Women’s March J21 Anniversary (Las Vegas January 2018). Collaborated with partner organizations, local authorities, vendors and contractors, and supervised the volunteer workforce.

Co-managed the Power To The Polls campaign, the organization’s electoral strategy for the 2018 midterm election. Duties included supervising operations for multi-state tour, chapter engagement, on-site training program development, tool kit and educational materials and resources development, GOTV strategy, outreach and digital tools and data management.
2017 Partnership for Inclusive Disaster Strategies, National Membership Organizing Director (Washington, DC - National) Developed a disability and senior community outreach strategy to grow individual and organizational membership for a national disaster preparedness collaborative. Increased the organizational membership capacity to include 38 state and territory coalitions for executing accessible emergency management readiness and recovery response actions.
2016 Democratic National Committee & Hillary For America Victory 2016, National Director of Disability Community Engagement (Washington, DC - National) Served as disability community and accessibility advisor for the presidential campaign, coordinated campaign and Democratic Party, including volunteer capacity building, GOTV, voter protection and support for digital and media communications. Managed nationwide disability voter education and GOTV in 22 states with 250 leaders and over 2500 volunteers. Also responsible for staffing principal surrogates for events. Coordinated and conducted regular training, weekly national organizing teleconferences and constituency-specific programs.
2016 Democratic National Convention Committee, Americans with Disabilities Act (ADA) & Disability Community Engagement Specialist (Philadelphia, PA) Managed ADA systemic and individual accessibility plans and disability focused programming for the 2016 Democratic National Convention in Philadelphia, PA. Supervised interns and volunteers to provide reasonable accommodations, functional needs, usability features and program access for 1,300 disabled delegates and approximately 10,000 public attendees with disabilities. Advised on plans for transportation (airport, train, fixed route and charter, paratransit and parking), security, website and media communications, lodging, training, disabled delegate seating plans, partner program events and disabled principal and campaign surrogate experience.
2011- 2016
California Foundation for Independent Living
Centers, Community Organizing Director (California
- Statewide)
Directed community engagement and policy advocacy for a statewide membership organization for California’s 28 Independent Living Centers (ILCs), including 30 staff organizers, 200 coalition partners and over 1700 individual volunteer members. Increased network program participation capacity by 560%. Managed a $375,000.00 annual federal grant to provide resources, technical assistance and training for disability community leaders and organizations for systems change advocacy. • Managed logistics and accessibility for over 30 large trainings, summits and conferences for 100+ participants plus an annual advocacy day at the California State Capitol attended by over 3500 participants with disabilities or allies. Raised approximately $150,000.00 to support non-grant funded events and established an annual event sustainability fund. Policy and accessibility advocacy achievements include: California Online Voter Registration website accessibility (first completely ADA compliant system in the nation); Accessible redesign of the Bay Area Rapid Transit “Fleet of the Future” train cars; California’s Healthcare Benefits Exchange (Covered California) program accessibility; California Voter’s Choice Act (SB450).

Notable Previous Overview
2015 Patriot Picture, LGBTQ Media Advisor (California)
Advised on LGBTQ media relations and talent staffing on major motion picture for film festivals.
2011 Momentum Political, Validity Director (California) Managed California ballot initiative petition signature verification and preparation for submission to Country Registrars and the Secretary of State.
2007- 2008
Equality California, Let California Ring Campaign Field Organizer, No On Prop 8 Senior Regional Field Director
(California - Statewide)
Organized a grassroots public education campaign to increase support for marriage equality in California, later managed field operations for San Diego, Imperial, and Riverside Counties for the No on Prop 8 Campaign during summer 2008.
2005 Caffeine Creative-People for the American Way,
Associate Producer (Washington, DC - Cincinnati,
OH)
Political documentary production (“A Blinding Flash of the Obvious”) and complimentary educational organizing manual development. 2003- 2004
Citizens to Restore Fairness, Field Director (Cincinnati, OH) Managed field strategy for the successful campaign to repeal Article XII. The only LGBTQ rights ballot initiative victory in 2004 out of 18 campaigns nationwide.

Appointed and Volunteer Councils and Committees
● 2020-2021 LGBTQ Victory Fund Campaign Board, Member
● 2020-2021 Fair Fight Action PAC Disability Advisory Council ● 2020 Democratic National Committee Convention Technical Advisory Group, Accessibility Director
● 2018 Creating Change Conference Host Committee,
Washington, D.C. ● 2017 National Equality March,
Accessibility Director & Honorary Co-Chair
● 2014-2016 California Secretary of State Voter Accessibility Advisory Committee ● 2015-2016 California New Motor Voter (Automatic Voter Registration) Implementation Oversight Committee
● 2014-2016 National Council on Independent Living Queer Caucus, Chair, 2014-2016 ● 2012-2016 National Council on Independent Living Voting Rights Subcommittee and Education Subcommittee ● 2005-2006 Equality Ohio, Founding Member
Education
• Exeter University, Exeter, Devonshire UK, 2000-2001, Staging Shakespeare program, residency at Shakespeare’s Globe, London, UK.
• University of Cincinnati-College Conservative of Music, Cincinnati, OH, 1994-1995, Theatre Performance major.
• Northern Kentucky University, Highland Heights, KY, 1996-1997, Theatre major.

ADA Access Advisory Committee Bylaws March 20, 2023 1

AMERICANS WITH DISABILITIES ACT ACCESS ADVISORY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Americans with Disabilities Act Access Advisory Committee, hereinafter referred to as the "ADA Access Advisory Committee," or the “Committee.”
Section 1.2. Purpose. The ADA Access Advisory Committee provides valuable input in determining disability policy for the City of San Rafael. The ADA Access Advisory Committee provides input, advises the City on matters relating to people with disabilities, and is a primary public networking resource between persons with disabilities, disability service agencies, representatives from government agencies, and others. Members of the Committee represent a broad cross-section of members of the community with disabilities, reflecting multiple disabilities, and the cultural and gender diversity of the wider disability community. The ADA Access Advisory Committee works in conjunction with the City of San Rafael.

Section 1.3. Committee Responsibility. The ADA Access Advisory Committee’s authority is advisory only. The ADA Access Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The ADA Access Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from timeto-time by the City Council.

The ADA Access Advisory Committee may:

1. Act as a liaison between the City and the disabled community living and doing business in the City of San Rafael;

2. Assist the City with ADA projects including, but not limited to the: Self Evaluation, Transition Plan, publicity, website content, training, and emergency planning for persons with disabilities;

3. Solicit public input on city-related ADA projects and programs and provide a public forum for individuals with disabilities and groups representing people with disabilities;

4. Facilitate community awareness and advocacy by identifying and articulating common concerns;

5. Advise and educate members of the disability community, City staff, and the public about disability rights and accessibility issues;

6. Provide input to the City for the removal of physical barriers in City facilities, on City property, and the public rights-of-way based upon identified needs and ADA Access Advisory Committee Bylaws March 20, 2023 2
budget;

7. Work to improve accessibility for persons with disabilities throughout the community;

8. Promote emerging state and national disability issues relevant to the City;

9. Provide input for prioritizing barrier removal projects that are funded in the Capital Improvement Plan. The Director of Public Works shall have the final decision over the approval and authorization of projects;

10.Provide input on Disabled Access Hardship Applications submitted to the Building Division on permitted projects. The Chief Building Official shall have the final decision over the Disabled Access Hardship Application.

The ADA Access Advisory Committee is not involved in:

1. ADA compliance related to private development applications, approvals, or enforcement other than Disabled Access Hardship Applications as described above. This responsibility is carried out by the Community Development Department.

2. Grievances under the ADA directed toward the City. Anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of San Rafael shall fall under the provisions of the City's grievance procedure.

3. Project review and approval. Existing Boards or Commissions (such as the Design Review Board or Planning Commission) that are established for public or private project review and approval, which includes full ADA compliance, shall remain with those Boards and Commissions.

4. City bids, contracts and agreements. The City has full responsibility to ensure that all approved bids, contracts and agreements are in full compliance under the ADA.

Section 1.4. Brown Act. All meetings of the ADA Access Advisory Committee shall be open and public, and all persons shall be permitted to attend any meeting of the ADA Access Advisory Committee, except as otherwise provided in the Ralph M. Brown Act. (Government Code Sections 54950 et seq.) Meetings will be accessible to all, with accommodations for accessibility issues made upon request. Any person who disrupts the meeting may be asked to leave and be removed.

ARTICLE II. MEMBERSHIP
ADA Access Advisory Committee Bylaws March 20, 2023 3
Section 2.1. Number of Members. The ADA Access Advisory Committee shall consist of five (5) voting members and one (1) non-voting City staff member who will act as the Committee Chairperson. The City Council has the authority to appoint alternates as needed. The City staff member will typically be the City’s ADA Coordinator, but in all instances shall be the person appointed by the City Manager.

Section 2.2. Eligibility. The five (5) voting ADA Committee members and any alternate shall consist of the following, each having the same duties and responsibilities:

1. Persons who are, or family members of, City of San Rafael residents with disabilities; and/or

2. Individuals residing in the City of San Rafael serving persons with disabilities in Marin County; and/or

3. Property owners, business owners, or individuals residing in the City of San Rafael with expertise and/or affiliations with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities; and/or

4. One member of the Committee may represent the San Rafael business community interest.

Membership on the Committee shall not be limited based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above.

Section 2.3. Appointment of Committee Members. Voting Committee members and any alternate member shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. The City Manager shall appoint the non-voting City staff member.

Section 2.4. Terms of Appointment. Each Committee member shall serve a term of four (4) years but not more than two terms. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Committee members shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Chairperson shall be considered a voluntary resignation from the Commission. Previously dismissed Commissioners may be eligible for reappointment to the Commission. Commissioners shall be subject to removal by the affirmative vote of three members of the City Council.

ADA Access Advisory Committee Bylaws March 20, 2023 4
Section 2.7. Compensation. Committee members serve without compensation.

Section 2.8. Duties of the Chairperson. The Chairperson shall preside over all ADA Access Advisory Committee meetings and shall be responsible for preparing agendas, meeting minutes, and maintaining records of documents submitted to the Committee for consideration at the meeting. If the Chairperson is unable to attend a regularly scheduled meeting, the regularly scheduled meeting shall be cancelled and resumed at the next regularly scheduled meeting.

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

The Commission shall meet quarterly, unless there is no business to conduct, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.d
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PLANNING COMMISSION ALTERNATE MEMBER APPOINTMENT SUBJECT: APPOINTMENT OF JEFF KENT TO A FOUR-YEAR ALTERNATE

MEMBER TERM ON THE PLANNING COMMISSION THROUGH THE
END OF APRIL 2029 DUE TO THE CREATION OF TWO NEW

ALTERNATE MEMBER ARCHITECT SEATS
RECOMMENDATION:

Appoint Jeff Kent to an Alternate Member Four-Year Term on the Planning Commission Through the End of April 2029 Due to the Creation of Two New Alternate Member Architect Seats.

BACKGROUND:

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

Additionally, two Alternate Members were added to the Planning Commission with the eligibility requirement that they be licensed architects.

ANALYSIS:

The City Clerk’s office recruited applicants through social media, the Marin IJ, posting physically at community centers across the City and contacting the American Institute of Architects, and have received one (1) application to serve on the Planning Commission until the end of April 2029. Jeff Kent served as the Landscape Architect on the San Rafael Design Review Board, and in speaking with Director of Community & Economic Development Micah Hinkle, he would be a great addition to the Planning Commission and supports his appointment. Staff recommends appointing Jeff Kent as an Alternate Member of the San Rafael Planning Commission until the end of April 2029..

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The call for applications for the Planning Commission was advertised through mass email notification, the City website, social media platforms, Marin IJ, physical posting at City facilities, and the American Institute of Architects.

ATTACHMENT:

1. One (1) Application

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

City staff
#71

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

Page 1 ends

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

Marin Agricultural Land Trust
DBCNA-neighborhood association
Q20
Education:

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

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

None

Page 4 ends

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

Respondent skipped this question
Q24
Ethnicity / Raza/etnia:

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

Page 5 ends

Planning Commission Bylaws

Page 1 of 3 ends

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

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

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

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

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

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

Planning Commission Bylaws

Page 2 of 3 ends

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

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

Requirements for eligibility:

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

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

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

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

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

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

Page 3 of 3 ends

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

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

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

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

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.e
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Walter Gonzalez,
Management Analyst
City Manager Approval: ______________
TOPIC: STRATEGIC PLANNING SERVICES FOR COUNCIL GOALS AND OBJECTIVES 2026- 2028 AGREEMENT
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH JACOB GREEN & ASSOCIATES (“JGA”) FOR STRATEGIC PLANNING SERVICES IN THE AMOUNT NOT TO EXCEED $90,000
RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with Jacob Green & Associates (“JGA”) for Strategic Planning Services for Council Goals and Objectives for 2026-2028 in an amount not to exceed $90,000.

BACKGROUND:

The City Council regularly establishes goals, objectives, and key implementation tasks (Goals and Objectives) that guide decision-making. The Council’s Goals and Objectives provide a basis for resource allocation decisions during the budget process and serve as a focal point for assessing and coordinating the City’s short—and long-term strategic planning.

JGA is a local government consulting firm that provides comprehensive local government services that focus on helping organizations achieve long-term impact for their communities. Their clients include numerous cities in California, including but not limited to Santa Rosa, Stockton, Pasadena, and Corona.

Staff seek to enter into an agreement with Jacob Green & Associates, leveraging their expertise to develop Goals and Objectives for FY 2026-2028 that best serve the community and optimize City resources to fulfill the City Council’s mission.

ANALYSIS:

The City has previously partnered with the JGA team on various projects, including the 2024 City Manager evaluation, departmental work planning for the Public Works and Community and Economic Development Departments, organizational development consulting, and staff support services to the City Manager’s Office. Throughout these engagements, JGA has consistently provided high-quality services and deliverables. Given that JGA is familiar with the City’s operations and has already worked with the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
current City Council, continuing this relationship ensures a seamless process, saves resources, and strengthens the strategic planning effort.

For this engagement, JGA will work with staff to develop a new format for this strategic plan, one which clearly outlines City Council priorities, goals, and objectives. Staff will develop an initial draft of this document for feedback, which will be reviewed by the City Council during a series of JGA-facilitated oneon-one meetings. Following this, the City Council will consider adopting this “strategic plan” at a meeting in the early spring. After this initial approval, JGA will work with staff to develop priority-specific work plans which will define and document the actionable tasks, milestones, realistic timelines, owners, budget sources, and other additional information related to how the City will achieve progress toward the identified goals of the strategic plan. These work plans will help to clearly communicate to staff, the City Council, and the broader community what projects and programs the City will be working on and when, as they relate to the City Council’s priorities.

FISCAL IMPACT:

Approval of the staff recommendation would authorize expenditures not to exceed $90,000 over the contract term. Funding to support the cost of this agreement is provided in the approved fiscal year (FY) 2024-25 General Fund Budget.

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:

ATTACHMENT:

1. JGA Professional Services Agreement for Strategic Planning Services

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.f
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Jonathan Schellin, Deputy Public
Works Director
City Manager Approval: ______________
TOPIC: MIOVISION TRAFFIC CAMERA PERPETUAL SERVICES AGREEMENT SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

MIOVISION TECHNOLOGIES INCORPORATED FOR TRAFFIC CAMERA
PERPETUAL SERVICE LICENSE IN AN AMOUNT NOT TO EXCEED $206,483 RECOMMENDATION:

Staff recommends that the City Council take the following actions:

1. Authorize the City Manager to enter into an agreement with Miovision Technologies Incorporated for a Traffic Camera Perpetual Services License for a total not to exceed amount of $206,483.

2. Authorize a supplemental budget appropriation in the amount of $103,242 from the General Fund for the agreement.

BACKGROUND:

Miovision Traffic Camera Systems have been installed citywide at 56 traffic signal intersections, and a list of their locations can be found in the attached agreement. With Miovision cameras, the City can set up detection zones to alert the traffic system that a vehicle, pedestrian, or cyclist is present. Upon detection, signal timing will change to allow the vehicle or person to safely travel through that roadway corridor. All movements are counted and saved into a cloud database to assist the Department of Public Works, Engineering Division, with traffic assessments. Technological systems like Miovision help reduce the City’s emergency response time, collect data needed to perform safety evaluations, and make more informed decisions about transportation planning. This agreement does not include automated license plate reader services.

ANALYSIS:

This agreement transitions the City from an annual subscription payment plan to a one-time, perpetual software license of Miovision Counts. It includes Intersection Monitoring, wireless communications to access Miovision applications, and Base Level Automated Traffic Signal Performance Measures (ATSPMs). This agreement does not change the City’s current service level or number of locations under the service license. It does, however, replace the annual fee, which was $88,017 last year and is set to increase by approximately 5% every year, with a payment of $ 206,483. Under the existing subscription agreement, the three-year cost to the City would have been $277,474. Therefore, this transition to a perpetual software license will save the City $70,991 ($277,474 less $206,483) by the end of the third SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
year of service, with approximately $100,000 in savings every year after for which the service is used.

This agreement does not include any new camera purchases and is only for the ongoing software services needed to utilize the cameras already purchased and installed by the City. A total of 94 traffic signals are maintained and operated by the City. The Traffic Division plans to evaluate the locations without Miovision cameras to determine if the City wants to expand the system in the future. Staff use these cameras to monitor intersections remotely, collect data, and maintain transportation networks throughout the City. Previous purchases and installations of these cameras have been included in their respective project authorizations by the City Council over the past several years. The initial installation included an initial term of software service in the purchase of the hardware. After the initial term of service, the combined total of the software services now exceeds staff purchasing authority and requires City Council authorization for their continued service.

FISCAL IMPACT:

The total cost of the agreement is $206,483, which will result in $70,991 in savings compared to the annual subscription plan by the end of the third year of service and over $100,000 in savings every year after for which the service is used. The City has negotiated a split payment schedule over the course of two fiscal years, with the plan to pay half of the cost in the current fiscal year (FY) and the remaining cost in FY 2025-26. Staff recommends that $103,242 be appropriated from the General Fund for FY 2024-25 under the Public Works; Signal & Lighting Maintenance program (001-44-33001-9555) to make this fiscal year’s payment. The remaining amount will be included in the FY 2025-26 annual budget process.

OPTIONS:

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

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

2. Do not authorize the City Manager to enter into the agreement nor appropriate funds and provide further direction to staff.

RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Authorize the City Manager to enter into an agreement with Miovision Technologies Incorporated for a Traffic Camera Perpetual Services License for a total not to exceed amount of $206,483.

2. Authorize a supplemental budget appropriation in the amount of $103,242 from the General Fund for the agreement.

ATTACHMENT:

1. Perpetual Service Agreement with Miovision Technologies Incorporated Quote Q-37638
Version Q-37638-20241213-1251
Miovision Technologies Incorporated
137 Glasgow Street, Suite 110 Kitchener, ON N2G 4X8
Tax ID #831042346
Account Executive: Joseph Lubliner
[email protected]
Shipping Contact: Joanna Kwok
[email protected]
Customer Name: City of San Rafael (CA)
Date: 12/13/2024
Valid Until: 12/23/2024
Currency: U.S. Dollar
Payment Term: Net 30
Billing Term: Custom Billing Terms
Upon approval, invoice with split billing. first payment net-30 and second payment net 210. This is to allow the City to use renewal funding this fiscal year and pay the balance in August when the new fiscal year rolls over.

Shipping Term: FOB Shipping Point
Bill To Ship To
City of San Rafael (CA)
Public Works Dept. P.O. Box 151560
San Rafael, California 94901
United States
City of San Rafael (CA)
City of San Rafael Public Works – Traffic Division
111 Morphew Street
San Rafael, California 94901
United States
Product Name Start Date
(yyyy-mm-dd)
End Date
(yyyy-mm-dd)
Term
(Months)
Annual
Price
Price Qty Total
Miovision Counts 2024-11-28 $3,375.00 56 $189,000.00
Subtotal (Net) : USD 189,000.00
Tax : USD 17,482.50
Total : USD 206,482.50
Move from subscription to perpetual software license of Miovision Counts.

Counts includes Intersection Monitoring, 4G LTE communications to access Miovision applications, and Base Level ATSPMs.

The Order will have split billing with 50% paid net30 and 50% paid on Net 210 terms The Customer hereby agrees to order the products outlined above at the prices indicated, and acknowledges it has read, understands and agrees to be bound by the terms and conditions outlined at:
https://miovision.com/legal/msa
For customers paying by credit card, a Miovision accounts receivable representative will contact you by phone to obtain credit card details. Please note that in order to complete payment the Miovision representative will require you to provide the applicable Quotation reference number.

DS_Customer_Date DS_Customer_Name DS_Customer_Signature Date: Name: Signature:

Canada remit to: Miovision Technologies Incorporated
137 Glasgow St., Suite 110, Kitchener, Ontario, N2G 4X8, Canada GST# 831042346 QST# 122032762 TIN# 98-0588774
United States remit to: Miovision Technologies Incorporated PO Box 675431, Detroit, Michigan, 48267-5431, United States Bank Details CDN
Royal Bank of Canada, 180 Wellington Street West, Toronto, Ontario, M5J 1J1 BankID, Transit # 003,06019 Swift: ROYCCAT2 Account: 1025444 Routing #:000306019 Bank Details USD
Comerica Bank, 226 Airport Parkway, Suite 100, San Jose, California, 95110 ABA/Routing Number: 121-137-522, Account Number: 1895-73030-5, Account Type: Commercial Checking, Swift Code: MNBDUS33

Page 1 of 3 ends

Page 2 of 3 ends

Professional Services Statement of Work Q-37638
This Statement of Work (“SOW”) describes the services (“Professional Services”) to be performed by Miovision Technologies Incorporated (or a Miovision affiliate, collectively referred to herein as “Miovision”) and provided to the Customer (as further described in the Quotation) as Deliverables.

For the purposes of this SOW, “Deliverables” means any and all reports, or other outputs provided by Miovision to Customer in relation to the applicable Services or Professional Services as may be further described in the applicable SOW or Change Order.

The parties agree that this SOW is incorporated by reference into the Miovision quotation bearing Quotation number Q-37638 (collectively the “Agreement”). Capitalized words not defined herein shall be given the definition attributed to it in the Agreement.

This SOW shall commence on the date that it is signed by Miovision and the Customer (the “SOW Effective Date”).

Page 3 of 3 ends

1. Description of Professional Services. During the Term, Miovision shall provide one or more of the following Professional Services as further described in the Agreement:
a. Traffic Optimization: Data collected from Miovision systems will be analyzed for traffic patterns and performance in order to develop insights on how to solve common problems. This includes “Citizen Complaints”, “Before-and-After”, “Safety and Optimization”, “Coordination & Simulation”. Customer will also receive coaching and a best practices knowledge transfer tailored to Customer’s needs and use of Miovision Products.
b. Data Science: Tailored Miovision insights reports and data visualizations will be developed to help Customer view and present findings & recommendations specific to Customer’s needs. This includes “Intersection Health”, “Safety Profile”, “Traffic Network Performance” and Custom Data Integration.
c. Implementation Services: Initial setup, configuration and basic training of Miovision Products.
d. Training: Miovision led training and enablement sessions for our products and services.

PS-20 PS-40 PS-100
Description PS-20, PS-40, and PS100 are subscription contracts that provide a bundle of service hours
Bundle of Hours 20 40 100
Traffic Management
Citizen complaints ✔ ✔ ✔
Before-and-After ✔ ✔ ✔
Safety ✔ ✔ ✔
Optimization, Coordination &
Simulation ✔ ✔ ✔
Data Sciences
Custom Data Imports ✔ ✔ ✔
Custom Analytics & Insights ✔ ✔ ✔
Implementation
Initial setup, configuration and
basic training of Miovision
products and services
Per Intersection
Training
Miovision led training and
enablement sessions for our
products and services
Per Organization, Per Day

2. Pricing and Payment Terms.
a. The Professional Services described in this SOW will be provided as a subscription service or one-time fee pursuant to the fees and payment terms set forth in the Miovision quotation or other documentation referencing this SOW. Customer shall not receive or be entitled to receive any credit or refund for any Professional Services not used during the applicable Term.
b. Change Orders: Any additional requirement(s) or deviations from the Professional Services described in this SOW will be considered outside of the scope of Deliverables and must be ordered through a separate SOW or through a change order to this SOW (“Change Order”) signed by both Miovision and the Customer. A Change Order may result in additional costs to the Customer.

3. Expenses. No expenses will be charged to the Customer under this SOW and the Customer will not incur any expenses on behalf of Miovision.

4. Scheduling and Term.
a. This SOW is for an initial term of one year from the SOW Effective Date (“Term”). Any Professional Services hours not used by the Customer will expire at the end of the Term.
b. Customer will assign a Project Manager for the duration of the Term who will coordinate availability of Customer personnel as is reasonably required for the delivery of the Professional Services and Deliverables. Miovision and Customer will meet on a quarterly cadence to determine the intended scope of work that will be completed during the upcoming 3 month period.
c. Customer will be responsible for determining if, how, and when it will implement any recommendations and Deliverables provided by Miovision.

5. Limitation of Liability.
a. In no event will Miovision have any liability arising out of or related to this agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if Miovision have been advised of the possibility of such damages or if Customer’s remedy otherwise fails its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law. b. SUBJECT TO SECTION 5(a) AND 5(c) HEREOF, MIOVISION’S TOTAL AGGREGATE

LIABILITY FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM THIS SOW SHALL AT ALL

TIMES BE LIMITED TO ACTUAL DIRECT DAMAGES, AND SHALL UNDER NO

CIRCUMSTANCES EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD FOR THE PROFESSIONAL SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY. c. NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF EITHER PARTY’S LIABILITY SET FORTH IN THIS SOW SHALL APPLY TO: (A) DAMAGES ARISING FROM INFRINGEMENT OF MIOVISION IP OR MIOVISION’S OTHER INTELLECTUAL PROPERTY RIGHTS; (B) ANY CLAIMS FOR NON-PAYMENT; (C) GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT; (D) WITH RESPECT TO CUSTOMER, ANY FAILURE TO COMPLY WITH, OR BREACH OF ANY OF CUSTOMER’S OBLIGATIONS AS SET OUT IN THIS SOW

OR (E) DAMAGES WHICH CANNOT BE EXCLUDED, LIMITED, MODIFIED OR RESTRICTED UNDER THE APPLICABLE LAWS AND/OR REGULATIONS.

6. Ownership of Intellectual Property.
a. Miovision products are protected by copyright, trademark, patent, trade secret, and other laws. Professional Services provided hereunder do not constitute “works for hire” under any applicable copyright or similar laws. Miovision owns and retains, solely and exclusively, all rights, title, and interest to all Intellectual Property in Miovision’s Products, including without limitation the Professional Services and Deliverables, whether the Products are separate or combined with any other products or services or the Professional Services. The foregoing includes all Intellectual Property in and associated with Miovision’s products and services (including, without limitation, the Professional Services) and all modifications, changes, enhancements, or additions made thereto (whether initiated by the Customer or otherwise), and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other Intellectual Property in connection with any of the foregoing (collectively “Miovision IP”).
b. Miovision provides similar services and deliverables to other end users, customers, resellers, distributors, partners and other entities, and nothing in this SOW or the Agreement shall be construed to prevent Miovision from carrying on such business or from acquiring, licensing, marketing, distributing, developing for itself or others or having others develop for it similar products, services or materials or performing the same or similar functions as the Products and Professional Services contemplated by this SOW, the Agreement or any applicable Quotation.
c. Professional Services License. Subject to Miovision receiving payment in full for the applicable Professional Services, Miovision grants to Customer a limited, non-transferable, non-exclusive, revocable, perpetual, and non-sub-licensable right and license to access and use the Professional Services, including the Deliverables, solely in combination with other Miovision Products as may be further described in an applicable SOW.
d. Unless otherwise agreed to by the parties, all electronic and hard copy versions of any Deliverables are provided for Customer’s internal purposes only. Customer may not utilize the Deliverables to replicate or attempt to perform the Professional Services or to develop or attempt to develop any of the products described in such Deliverables.

Deliverables are not subject to any maintenance, support or updates.

7. Protection of Confidential Information.
a. Confidential Information. Each Party acknowledges that it may be exposed to certain confidential or proprietary information and materials regarding the other party’s business including, but not limited to, this SOW, the Deliverables, and the Agreement, which: (a) is disclosed by the disclosing Party in any manner and is marked or identified as confidential or proprietary (or a like designation) at the time of disclosure; or (b) given the circumstances of the disclosure, should be understood by the recipient, exercising reasonable business judgment, to be confidential (“Confidential Information”). b. Exclusions. Confidential Information shall not include any information or material which:
(i) was lawfully in the possession of the receiving party prior to receipt from the disclosing party; (ii) is or becomes publicly available through no wrongful act of the receiving party; (iii) is obtained by the receiving party from a third-party without restriction; (iv) is independently developed by the receiving party; (v) is disclosed by the receiving party with the disclosing party’s prior written approval; or (vi) is required to be disclosed by a court of competent jurisdiction or other governmental authority provided that the receiving party takes reasonable steps to give the other party sufficient prior written notice so that it can challenge such requirement. c. Restrictions. Except in relation to Trade Secrets of Miovision, each party shall for a period of five (5) years following the expiry or termination of the Term: (i) use a reasonable standard of care to protect Confidential Information which shall be no less protective than the manner in which the receiving party protects the confidentiality of and unwanted disclosure of its own confidential information; (ii) not use Confidential Information except as permitted by the disclosing party; (iii) not disclose Confidential Information except to its affiliates, employees or representatives to whom disclosure is necessary to effect the purposes of this SOW or the Agreement, and who are similarly bound to hold the Confidential Information in confidence; and (iv) not reproduce Confidential Information without the disclosing party’s prior written consent. The confidentiality obligations of the Customer shall apply indefinitely in relation to Trade Secrets of Miovision.
d. Permitted Disclosures. Either party may disclose this SOW and the terms of the Agreement in confidence, and only to the extent reasonably necessary: (i) to legal counsel of the party; (ii) to accountants, banks, proposed investors, and financing sources and their advisors; (iii) in connection with the enforcement of this SOW or the Agreement or rights under this SOW or the Agreement; or (iv) in connection with a merger or acquisition or proposed merger or acquisition, or similar transaction. e. Return of Confidential Information. Each party shall, upon termination or expiration of this SOW, return to the disclosing party all tangible manifestations containing Confidential Information that have been provided under this SOW, including any copies and reproductions. The provisions of this Section 7(e) (Return of Confidential Information) shall not apply to copies of electronically exchanged Confidential Information made as a matter of routine information technology backup and to Confidential Information or copies thereof which must be stored by the receiving party according to provisions of mandatory law, provided that such Confidential Information or copies thereof shall be subject to an indefinite confidentiality obligation according to the terms and conditions set forth herein.

8. Disclaimer of Warranties. THE PROFESSIONAL SERVICES DELIVERED HEREUNDER ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND. MIOVISION, ON BEHALF OF

ITSELF AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, HEREBY

EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY

OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) REGARDING OR RELATING TO MIOVISION’S PRODUCTS AND OTHER SERVICES PROVIDED UNDER THIS SOW.

9. General Provisions
a. To facilitate security of Customer Data and associated systems, Customer will not grant Miovision access (“Access”) to Customer Data under this SOW. In addition, except for Customer provided access to Customer’s Miovision Account (if contemplated within the scope of the Professional Services described herein), Customer will not grant Miovision access to any Customer systems, Customer networks or Customer applications. Customer is solely responsible for ensuring that the duration and scope of access to its Miovision Account is strictly limited to the access required hereunder and such access may not extend beyond the Term.

Miovision has, and will have, no liability under this SOW related to the access. b. This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
c. The provisions of this SOW shall be deemed severable. If any provision of this SOW is held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall either be modified to the extent necessary to render it enforceable or shall be severed from this SOW and the remaining provisions of this SOW shall remain in full force and effect.
d. The Professional Services will be provided remotely and during regular business hours (8am to 5pm local time), Monday through Friday (holidays excluded). e. The Customer may not assign or subcontract all or any substantial portion of this SOW or any of its rights or obligations under this SOW without the prior written consent of Miovision. Miovision may assign this SOW and subcontract or delegate its obligations hereunder to any third party without the consent of, or notice to, the Customer, provided that Miovision will be responsible for the performance of any subcontractors engaged in the delivery of the subcontracted Professional Services. This SOW shall inure for the benefit of, and be binding upon, the successors and assigns of Customer without restriction.
f. In the event of conflict between the terms of the Agreement and the SOW, this SOW will apply.
g. If Customer is a non-governmental entity, this SOW is governed by and construed in accordance with the laws of Ontario, Canada, and the federal laws of Canada, and each party irrevocably agrees to submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts in the Regional Municipality of Waterloo, Ontario, Canada. If Customer is a governmental entity, the applicable laws and courts of your jurisdiction shall apply. The UN Convention on Contracts for the International Sale of Goods does not apply to these Terms. h. Any notice given by one party to the other shall be sufficiently given if provided to the addresses below and (a) personally delivered or couriered, (b) mailed by registered mail or (c) sent by electronic transmission, and shall be deemed to be received by the recipient on the third business day after mailing, and on the day of delivery if sent by registered mail or sent by electronic transmission. A party may update their address for notices from time to time by giving the other party written notice. i. All Professional Services will be provided by Miovision to the Customer in English. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.a
Meeting Date: January 21, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Joanna Kwok, Assistant Public
Works Director
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: CANAL COMMUNITY BASED TRANSPORTATION PLAN
SUBJECT: STATUS UPDATE ON THE 2022 CANAL COMMUNITY BASED

TRANSPORTATION PLAN
RECOMMENDATION:

Accept an informational report providing a status update on the 2022 Canal Community-Based Transportation Plan (CCBTP), including progress toward achieving the CCBTP goals.

BACKGROUND:

On June 21, 2022, the City Council adopted a resolution approving the 2022 Canal CommunityBased Transportation Plan (CCBTP). The plan was created to identify and create an action plan to address mobility needs for lower-income communities through a collaborative effort from residents, community organizations, and transportation agencies. The plan lists eleven recommended transportation solutions to address transportation issues identified by the community during the CCBTP process. Some projects are short-term, some are long-term, and some have short- and long-term components.

This staff report evaluates the progress in each category to ensure the City is on track to meet the CCBTP’s five-year goals.

ANALYSIS:

The CCBTP includes the following eleven recommended transportation solutions.

1. Pedestrian and Bicycle Bridge / Canal Crossing to 3rd Street

2. Access to Bikes/Scooters, Secure Bike Parking, and Bicycle Education

3. Traffic Calming and Crossing Improvements

4. Bicycle & Pedestrian Crossing Improvements at Gateways

5. Streets Team and Transit Ambassador Program

6. Sidewalk and Streetscape Improvements

7. Lighting of Commonly Traveled Pedestrian Routes

8. Transit Bus Stop Improvements

9. Transit Bus Stop Maintenance
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

10. Expanded Transit Service

11. Transportation to Schools
Solution 1: Pedestrian and Bicycle Bridge / Canal Crossing to 3rd Street Goal
This solution involves building a bridge connecting Canal/Harbor to Third Street. The five-year goal is to secure funding for the feasibility study, design, and engineering.

Progress
The City received a regional Active Transportation Program Cycle 6 (ATP 6) grant for $1,575,000 from the Metropolitan Transportation Commission (MTC) to fund the feasibility study, preliminary design, and environmental assessment of the Canal Swing Bridge Crossing Project. The City plans to release a feasibility study RFP in late fiscal year (FY) 2024-25 and begin the process in early FY 2025-26.

Solution 2: Access to Bikes/Scooters, Secure Bike Parking, and Bicycle Education Goal
This solution aims to provide a bike share and/or scooter share program in the Canal neighborhood for adults and youth, secure parking, and bicycle education classes for adults and youth. The five-year goal is to evaluate the success of the Transportation Authority of Marin (TAM) bike share pilot with community input and adjust the TAM program and/or secure funding to launch a supplemental program.

Progress
TAM launched the Redwood Bike Share Pilot Program in the fall of 2024. It is a two-year pilot bike share program between Sonoma and Marin County. It includes 300 shared pedal-assist ebikes with hubs being placed throughout the two counties (approximately 150 in Sonoma County and 150 in Marin County). As part of the first phase of the pilot, there are eight hubs in San Rafael, including two in the Canal neighborhood. More information on the program can be found on the website: https://redwoodbikeshare.com/.

This section has been left blank intentionally.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Figure 1: Proposed Bikeshare Locations in the Canal Neighborhood Figure 2: Sample Bikeshare Location and Detail
Solution 3: Traffic Calming and Pedestrian Crossing Improvements Goal
The goal of this solution is to provide improved comfort levels for pedestrians and bicyclists by incorporating traffic calming measures and crossing treatments to reduce vehicle speeds throughout the Canal Neighborhood. The crossing improvements include higher visibility crosswalks and rectangular rapid flashing beacons (RRFBs), as well as incorporating wider corner SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
radii, pedestrian bulb-outs, and removing sightline obstructions (parked cars, trees, etc.) at the following corners:
• Larkspur & Canal
• 125 Larkspur (new mid-block crossing)
• Larkspur & Alto
• Larkspur & Kerner
• Canal & Medway
• Canal & Larkspur/Novato/Fairfax/Sonoma (add crossing to the third leg) • Near Supermercado Mi Tierra
Canal Street, Larkspur Street, and Belvedere Street are priority streets for traffic calming measures.

Progress
In 2022 and 2023, the City performed pavement maintenance with enhanced and refreshed striping on most of the streets in the Canal neighborhood. Locations can be found on the City website: https://www.cityofsanrafael.org/pavement-road-repair/ In the fall of 2022, the City converted the Catalina Blvd and Bellam Blvd intersection from a partially stop-controlled to an all-way stop-controlled intersection to slow vehicular traffic and increase pedestrian and bicycle safety.

In the fall of 2024, the City launched the Spinnaker Point Traffic Calming Pilot project that implements three types of traffic calming measures in the Spinnaker/Baypoint Neighborhood:
• Traffic Circle at the Spinnaker Point Drive/Catalina Boulevard Intersection. • Curb and Median Extensions at the Spinnaker Point Drive/Newport Way intersection. • Midblock Speed Hump on Spinnaker Point Drive between Bahia Way and Catalina Boulevard. This traffic calming measure is planned to be installed as part of Phase 2 of the pilot program.

Figure 3: Spinnaker Point Traffic Calming Devices
The City plans to gather feedback from the community and data over six months. After the sixmonth evaluation, the findings of the pilot project and the next steps will be discussed at a meeting of the Bicycle and Pedestrian Advisory Committee.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The City has also been awarded an ATP 6 grant from the State of California to perform an environmental assessment, design, and project construction for a Canal Neighborhood Active Transportation Enhancement Project. This project supports the design and construction of several pedestrian, bicycle, and transit enhancements in the Canal neighborhood. Pedestrian enhancements include curb ramp upgrades, sidewalk gap closures and expansions, corridor lighting improvements, and uncontrolled crosswalk enhancements on 19 streets and pathways.

The project scope includes a proposed RRFB at the Canal St intersection with Sonoma Street, Fairfax St, Larkspur St, and Bahia Way. The City has issued a request for proposals for the planning and design phases. The City anticipates the consultant award coming to the City Council in March 2025. Construction funding through ATP Cycle 6 is allocated in fiscal year 2026-27.

Solution 4: Bicycle & Pedestrian Crossing Improvements at Gateways Goal
This solution involves bicycle and pedestrian crossing improvements at the two gateways to the Canal neighborhood – Bellam Boulevard and Grand Avenue – to connect the Canal neighborhood to the rest of the region by improving access to the SMART Multi-use Pathway and downtown transit center. Both streets are busy and complex and require detailed and site-specific solutions.

While the plans to design and construct a two-way protection bikeway along Grand Ave between 2nd St and 4th St was included in the City’s 2018 Bicycle and Pedestrian Master Plan, the City needs a feasibility study and to coordinate with TAM and Caltrans to appropriately select and design a gateway facility on Bellam due to the complexity of the area. The five-year goal is to complete the design, construct the Grand Ave cycle track, identify study partners, interface with the US-101/I-580 Connector project, and secure funding for and complete a feasibility study for Bellam Blvd.

Progress
The Grand Ave Cycle Track design was finalized in the summer of 2023, and construction was completed in the spring of 2024. This section of improvements connected the Grand Avenue bridge at Second Street to Fourth Street. The City applied for multiple grant funding opportunities in late 2024 to extend the cycle track from Fourth & Grand to the relocated transit center and north-south greenway at Fourth and Tamalpais. The State Active Transportation Program Cycle 7 (ATP 7) grant application was unsuccessful; however, the grantors have not informed the applicants of the successful awards from the regional ATP 7 application and the MTC Regional Measure 3 (RM 3) grant applications.

Figure 4: Grand Ave Cycle Track Improvements
TAM and Caltrans are currently in the environmental phase of the US-101/I-580 Multi-Modal and Local Access Improvement project (580/101). TAM and the City have collaborated for the last several years to ensure the voices of the community and City are heard and reflected in the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
project. TAM led a “Voces del Canal” leadership group as part of an eight-week transportationbased course on transportation planning, community engagement, advocacy, and planning projects underway in and around the neighborhood. The program’s goal was to help the community get background on both current and future projects, build a long-term partnership, and share leadership around transportation projects. It provided modules on the transportation planning process and entities involved in getting a project from concept to construction. The 580/101 project was used as a case study in the program and provided TAM and the City the opportunity to provide more information on the project while also collecting additional community input for future projects. The City and TAM used this information to apply for two grants on Bellam Blvd. One was a planning grant to further study the long-term improvements on Bellam Blvd as part of the 580/101 project, and the other was an interim solution that would install a two-way bikeway on the north side of Bellam Blvd between Playa Del Rey and Andersen Dr and continuing south along Andersen to Jacoby St. Results for both grants are anticipated in spring 2025.

Solution 5: Streets Team and Transit Ambassador Program Goal
This solution involves creating a combined Canal Streets Team and Transit Ambassador Program to address neighborhood cleanliness and provide transit information.

Progress
TAM provided an eight-week transportation-based course to engage and inform a group of Spanish-speaking leaders from the Canal neighborhood and the Woodland Avenue area on transportation planning, community engagement, and planning projects underway in and around the neighborhoods. The course helped bring leadership groups within the canal together with TAM and the City to start forming an Ambassador program. There are plans to continue meeting with the group to keep the community informed and involved in transportation improvements in the area. This group will also be engaged in the Priority Development Area (PDA) Specific/Precise plan and outreach on the projects listed under Solutions 1 and 3 above.

Solution 6: Sidewalk and Streetscape Improvements
Goal
The goal of this solution is to provide an improved pedestrian experience by widening sidewalks and providing additional pedestrian amenities, like trash cans and shade trees, throughout the neighborhood. This is challenging due to the narrow streets, limited public right-of-way, and high parking demand in the area. All factors need to be considered together to understand the tradeoffs and options available. The recommended strategy has three stages:

1. Survey of sidewalk, curb space (parking supply and demand), streetscape elements, and available right-of-way.

2. Community-driven decision on how to best utilize limited street space.

3. Design, engineering, and construction of streetscape changes.

The five-year goal for this solution is to secure funding for sidewalk, curb space, and streetscape survey.

Progress
This solution will also be addressed with the Canal Neighborhood Active Transportation Enhancement Project discussed in Solution 3. The project’s goal includes 16 upgraded curb ramps, sidewalk infill on 10 streets, six transit stop improvements, bicycle boulevards on three streets, improved lighting on 10 streets and three pathways, four uncontrolled crosswalk enhancements, and secure parking for 10 bicycles. In 2022 and 2023, the City completed a SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
sidewalk shaving project to reduce tripping hazards throughout the Canal neighborhood as a short-term solution while the enhancement project is in design.

The City has also partnered with Pacific Gas and Electric Company (PG&E) to establish an underground utility district on Canal Street between Medway Road and Spinnaker Point Drive.

The City Council approved this on June 20, 2023, initiating the Canal Undergrounding Project.

This project will free up space on the sidewalk for pedestrian access and beautify the Canal Street corridor by removing overhead lines and poles. PG&E has incorporated this into its work plan and anticipates starting work in 2026.

In regard to tree planting, the City applied for an Urban and Community Forestry grant to assist with the mapping and planting of trees in east San Rafael. Unfortunately, the City found out in the fall of 2024 that the application was unsuccessful. The City will continue to prioritize being a Tree City USA designee by including trees when possible in Capital Improvement Program projects and applying for grants to support tree planting and management.

Solution 7: Lighting of Commonly Traveled Pedestrian Routes Goal
This solution involves constructing new and improving existing lighting in several locations within the Canal Neighborhood. Members of the “Voces del Canal” group worked on a lighting plan with Dominican University and Canal Alliance to identify seven priority routes (figure below) for improved lighting in the Canal neighborhood.

Figure 5: Lighting Improvement Routes from CCBTP
Public works identified several locations on four of the seven locations where new lighting fixtures could be installed on existing PG&E joint poles and where existing lighting fixtures could potentially be made brighter with modifications to the existing fixtures. The other three pathway locations, Bahia Way, Starkweather Path, and Pickleweed Park, require a longer approval process before the City can proceed with lighting improvements. Bahia Way is a privately maintained pathway, and the Starkweather and Pickleweed waterfront paths are regulated by the Bay Conservation and Development Commission (BCDC). The five-year goal for this solution includes upgrading existing fixtures and adding fixtures to all existing utility poles on the Cityowned routes identified by the community. It also includes solidifying a plan to install new poles SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
and fixtures where additional neighborhood lighting is desired, establishing a plan for the privately owned routes, and securing funding to install lighting on those routes.

Progress
In the summer of 2022, the City’s contractor replaced light bulbs with brighter light bulbs along Canal, Hoag, Novato, Fairfax, and Sonoma Streets. The City also coordinated with PG&E and had them install new light fixtures from February to July 2023 at the 34 locations shown below.

Figure 6: Lighting Improvement Routes from CCBTP
Lighting improvements along the Starkweather path are included in the Canal Neighborhood Active Transportation Enhancement Project, for which the City secured an ATP 6 grant, discussed in Solution 3. Since parks are currently only open from sunrise to sunset, the City Council and Parks and Recreation Commission will need to review the City’s lighting policy along the Starkweather path. This will be evaluated in 2025 with the ATP 6 project.

The City’s Pickleweed Park Enhancement Project, which is currently under construction, also includes some lighting improvements near the proposed basketball courts.

Solution 8: Transit Bus Stop Improvements
Goal
This solution aims to upgrade bus shelters in the Canal neighborhood, with a five-year goal of improving stops on Medway/Mill and Kerner/Larkspur.

Progress
Marin Transit plans to upgrade six bus stops in the City of San Rafael, including constructing a new stop at the intersection of Medway Rd and Francisco Blvd E, and has obtained the required approvals from Caltrans and City to perform the work. Bus stop improvements are anticipated to be completed in Spring 2025. The Canal Neighborhood Active Transportation Enhancement Project also includes transit stop upgrades. As discussed in Solution 3, the City secured an ATP 6 grant for that project.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
Solution 9: Transit Bus Stop Maintenance
Goal
The goal addresses trash and illegal dumping at transit stops and rodent, lighting and real-time bus arrival board issues.

Progress
Public Works continues to address illegal dumping issues as quickly as it can. On November 4, 2024, the City Council approved a new illegal dumping program. More information on how the City addresses illegal dumping can be found on the City’s website at https://www.cityofsanrafael.org/how-is-the-city-addressing-illegal-dumping/.

Solution 10: Expanded Transit Service
Goal
Provide frequent service, expand early morning/ late evening service, and provide accurate schedules. Multiple community members requested the following additional services:
• More frequent and convenient service to Novato. Community members expressed concern that the existing Route 35 to Novato is not frequent enough. • More convenient service to Fairfax Manor on Route 23X. Route 23X was the community’s second-ranked choice for increased frequencies.
• Earlier route departures and increased early morning and evening frequency on all routes, especially Route 35.

The five-year goal is to Conduct a focused ridership survey on the 35 and 23x to establish route and frequency improvements. Identify funding for required capital purchases and operational funding.

Progress
Marin Transit reported that peak hour service on Route 23 was added over the summer of 2023, and the route was extended, so all trips now serve Fairfax Manor.

Solution 11: Transportation to Schools
Goal
This solution includes providing additional bus services for students to San Rafael High School, Terra Linda High School, and Davidson Middle School, and transportation for parents to San Pedro Elementary School and Davidson Middle School. Supplemental school service requests were as follows:
• Additional morning trips for Route 645 to San Rafael High School and Terra Linda High School
• New low-income discount for school bus service
• Expanded yellow bus service to Davidson Middle School • School transportation options for parents to attend special events, parent/teacher conferences, and volunteer, especially at San Pedro Elementary School and Davidson Middle School.

The five-year goal is to secure funding for and add a morning run to Route 645. Identify a sustainable funding source for parent transportation needs and provide subsidized rides for oneoff needs and shuttles for large events.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
Progress
Marin Transit and TAM are still looking to secure funding for additional trips that have been requested.

FISCAL IMPACT:

There is no fiscal impact with the acceptance of this informational report.

RECOMMENDED ACTION:

Accept an informational report providing a status update on the 2022 Canal Community-Based Transportation Plan (CCBTP), including progress toward achieving the CCBTP goals.

ATTACHMENTS:

None

San Rafael City CouncilJanuary 21, 2025

San Rafael City Council
January 21, 2025