AGENDA
SAN RAFAEL CITY COUNCIL ‐ MONDAY, APRIL 7, 2025
SPECIAL MEETING AT 4:30 P.M.
REGULAR MEETING AT 6:00 P.M.
This meeting will be held in‐person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2‐minutes to provide public comment per agenda item. Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.
If you experience technical difficulties during the meeting, please contact [email protected].
SPECIAL MEETING AT 4:30 P.M.
San Rafael Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Zoom Webinar: https://tinyurl.com/SPCC‐04‐07‐2025 Listen by phone: (669) 444‐9171
ID: 851‐7304‐1226#
One Tap Mobile: +16694449171,,85173041226# US
1. Voter Approved Tax Oversight Committee Interviews
Interview Applicants and Make Appointments to Fill Two Four‐Year Terms to the End of April 2029 on the Voter Approved Tax Oversight Committee Due to Expiration of Terms of Caleb McWaters and Carsten Anderson (CC)
Recommended Action – Interview applicants and make appointments Adjourn to Closed Session.
REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Zoom Webinar: https://tinyurl.com/CC‐2025‐04‐07 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669)444‐9171
ID: 863 4489 1398
One Tap Mobile: +16694449171,,86344891398# US
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING
1. Mayor Kate to announce Closed Session items.
SAN RAFAEL
established 1874
2 CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1)
Parks and Public Trust, et al. v. City of San Rafael, Marin County Superior Court Case No.
CV0005542
Mark Allen v. City of San Rafael, Marin County Superior Court Case No. CV0005691 b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property: 350 Merrydale Road / 3833 Redwood Highway, San Rafael APNs 179‐041‐27 & 179‐041‐28
Agency negotiator: Cristine Alilovich, City Manager; John Stefanski, Assistant City Manager; Daniel Cooperman, Community Services Division Director
Negotiating parties: Ridgewood Properties, a California General Partnership, as to an undivided ½ interest; and Francine M. Clayton, Trustee of The Francine M. Clayton 1996 Trust, as to an undivided ½ interest
Under negotiation: Price and Terms of Payment
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 Special City Council Meeting of March 3, 2025 and Regular City Council Meeting of March 17, 2025 (CC)
Recommended Action ‐ Approve minutes as submitted
b. Downtown San Rafael Business Improvement District Advisory Board Appointments Resolution Appointing Downtown Business Improvement District Advisory Board Members (CED)
Recommended Action – Adopt Resolution
c. Public Service Award 2025
Resolution of Appreciation to Recipient of the Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award for 2025 (CM)
Recommended Action – Adopt Resolution
d. Public Service Award Selection Committee Criteria
Report on the Public Service Award Selection Committee and Update on Changes to the Selection Guidelines & Criteria (CM)
Recommended Action – Receive and file
3 e. Diversity, Equity, Inclusion, Belonging and Housing Consulting Services Agreement Amendment
Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Liz Darby for Diversity, Equity, Inclusion, Belonging, and Housing Consulting Services, to Increase the Contract Amount by $50,000, for a Total Not to Exceed $125,000 (CM) Recommended Action – Adopt Resolution
f. Proclamations
Proclamations Supporting Celebrate Diversity Month, National Arab American Heritage Month, National Library Week and Week of the Young Child Recommended Action – Receive and file
g. Second Amendment to the Workers’ Compensation Claims Administration Professional Services Agreement
Resolution Authorizing the City Manager to Execute the Second Amendment to the Professional Services Agreement with LWP Claims Solutions, Inc, for Workers’ Compensation Claims Administration Services Increasing the Total Not to Exceed Amount Under the Agreement to $1,745,311, Subject to Appropriation, and Extending the Term Date June 30, 2026 (HR)
Recommended Action – Adopt Resolution
h. San Rafael Public Library Book Purchase
Resolution Authorizing the City Manager to Execute a First Amendment to the Purchase Order with Baker & Taylor (Exempt from Bidding) to Increase the Purchase Amount of $123,000 (LR)
Recommended Action – Adopt Resolution
i. Special Event Street Closures in San Rafael
Resolution Authorizing the Temporary Closure of Streets in San Rafael for Special Events (PD)
Recommended Action – Adopt Resolution
j. Downtown Library Renovation Project
(PW/LR)
i. Resolution Authorizing the City Manager to Execute a Second Amendment to the Professional Services Agreement with Noll & Tam Architects for Additional Construction Administration Services Associated with the Downtown Library Modernization Project, in the Additional Amount Not to Exceed $47,640, Increasing the Total Not to Exceed Amount Under the Agreement to $439,371, and Extend the Contract by Three Months Recommended Action – Adopt Resolution
ii. Resolution Authorizing the City Manager to Execute a Second Amendment to the Construction Contract with Unger Construction, Co. in an Additional Amount of $100,000, for a Total of $2,200,000 for the Project, Appropriating $100,000 from Available Library Special Assessment Fund Balance (Fund 215) and Authorizing the Public Works Director to Take Related Action
Recommended Action – Adopt Resolution
4 k. San Rafael Canal Crossing Project Funding Agreement Resolution Authorizing the City Manager to Execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $1,575,000 in Active Transportation Program (ATP) Funds for a Feasibility Study of the San Rafael Canal Crossing Project.
CEQA Determination: Exempt Pursuant to Guideline Section 15378(b)(5) (PW) Recommended Action – Adopt Resolution
l. Pickleweed Childcare Replacement Portables Project
Resolution Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with Loving Campos Associates, Architects, Inc. for Additional Architectural and Structural Engineering Design Services Associated with the Pickleweed Childcare Replacement Portables Project, in the Amount Not to Exceed $33,700, for a Revised Total Agreement Amount of $100,200 (PW)
Recommended Action – Adopt Resolution
m. South Merrydale Road – Civic Center Connector (Rafael Meadows) Project Grant Funding Agreements
Resolutions (PW):
i. Resolution Authorizing the City Manager to Execute a Funding Agreement with the U.S.
Department of Transportation (USDOT) for the South Merrydale Road – Civic Center Connector (Rafael Meadows) Project, in an Amount Not to Exceed $1,940,000 Recommended Action – Adopt Resolution
ii. Resolution Authorizing the City Manager to Execute a Funding Agreement with the California Department of Transportation (CalTrans) for the South Merrydale Road – Civic Center Connector (Rafael Meadows) Project, in an Amount Not to Exceed $1,940,000
Recommended Action – Adopt Resolution
SPECIAL PRESENTATIONS:
5. Special Presentations:
a. Presentation of Resolution of Appreciation to Public Service Award Recipient (CC)
PUBLIC HEARINGS
6. Public Hearings
a. Major Environmental and Design Review Permit and an Exception to Specified Hillside Development Standards for 287 Mountain View Avenue
Resolution to Approve a Major Environmental and Design Review (ED24‐001) and Exception (EX24‐003) to Specified Hillside Development Standards for a New Single‐Family Residence on a Hillside Lot with a Reduced Front Yard Setback, a Decreased Setback from the Garage, and a Reduction of One Required Off‐Street Guest Parking Space at 287 Mountain View Avenue; APN 015‐073‐10; CEQA Determination: Exempt Pursuant To CEQA Guidelines 15061(B)(3) And 15303 (CED)
Recommended Action – Adopt Resolution
b. Evaluation of Existing Camping Regulations, Sanctioned Camping Area Informational Update, and Chapter 19.50 of the San Rafael Municipal Code, Camping on Public Property 5 Existing Camping Regulation Evaluation, Sanctioned Camping Area Update, and Introduction of an Ordinance of the City Council of the City of San Rafael Amending Chapter
19.50 to the San Rafael Municipal Code, Entitled “Camping on Public Property” to Prohibit Camping in Parks (CM)
CEQA Determination: Exempt Pursuant to CEQA Guidelines 15061(B)(3), 15307 and 15308 Recommended Action – Introduce the Ordinance, waive further reading of the Ordinance, and Refer to it by title only
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.
ADJOURNMENT:
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agenda‐ related materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485‐3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request‐for‐interpretation/. ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Special Meeting
Agenda Item No: Sp. 1
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: VOTER APPROVED TAX OVERSIGHT COMMITTEE INTERVIEWS SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO FILL TWO FOUR-YEAR TERMS TO THE END OF APRIL 2029 ON THE VOTER
APPROVED TAX OVERSIGHT COMMITTEE DUE TO EXPIRATION OF
TERMS OF CALEB MCWATERS AND CARSTEN ANDERSON
RECOMMENDATION:
Interview the following applicants and make appointments to fill two four-year terms to the end of April 2029 on the Voter Approved Tax Oversight Committee due to expiration of terms of Caleb McWaters and Carsten Anderson.
Name
Ben Fowler
Caleb McWaters
Jon Haveman
Masoud Nilforoush
BACKGROUND:
The terms of Carsten Andersen and Caleb McWaters are set to expire at the end of April 2025, and Carsten Andersen did not wish to reapply. The City Clerk’s office received seven applications; but three withdrew from the application process.
The Voter Approved Tax Oversight Committee’s purpose is to ensure that all revenues received from voter approved taxes are spent on uses outlined in a manner consistent with the language of the ballot measure that approved the tax. San Rafael currently has five voter approved tax measures in place. Meetings are held at least four times per year, to be determined. Bylaws and the current member roster can be found online. ~ " THE CITY WITH A MISSION
V established 1874
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
The City Clerk’s office recruited for the Voter Approved Tax Oversight Committee vacancies and received seven (7) applications; however, three applicants withdrew. Staff recommends the City Council interview the four (4) eligible applicants and make appointments to fill the two four-year terms.
FISCAL IMPACT: There is no fiscal impact associated with this item.
COMMUNITY OUTREACH:
The call for applications for the Voter Approved Tax Oversight Committee was advertised through mass email notification, the City website, social media platforms, Marin IJ, and physically posted at City facilities.
ATTACHMENT:
1. Four (4) Applications
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Ben Fowler
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 1/Southern / Distrito 1/Sur
Q3
How long have you lived in San Rafael?
almost 3 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
Friend
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Voter Approved Tax Oversight Committee
#112
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Sunday, March 23, 2025 8:22:30 PM
Last Modified: Sunday, March 23, 2025 8:28:17 PM
Time Spent: 00:05:46
IP Address: 98.45.173.90
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Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? I have been a member of our neighborhood association in the past, but being new to the area I'm looking for something to participate in Q19
List any civic organizations of which you are a member:
Bret Harte Association
Q20
Education:
University degree in Philosophy and Politics
Q21
Why are you interested in serving on a board or commission? To understand how local government works and participate in the civic process Q22
Describe possible areas in which you may have a conflict of interest with the City:
none
Q23
Upload your resume.
Ben%20Fowler%20_%20Resume%202023.pdf (34.4KB)
Q24
Ethnicity / Raza/etnia:
Boards, Commissions & Committees Application
3 / 3
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
1111
Ben Fowler
I am a mixed-method market researcher with over a decade of experience in brand and corporate reputation. I seek out hard problems, and give decision-makers evidence and tools to navigate some of the most difficult questions in business: how do companies at the frontiers of their industries tread the right path through the social change they helped to create. I have provided research and strategic advice across a range of industries; Extensive experience in the tech sector as well as with governments, broadcasters, extractives and telecoms companies.
Experience
Morning Consult, San Francisco - Vice President Oct 2020 - present Executive leadership: Lead MC’s West Coast business responsible for over 60 researchers and data scientists.
Re-structured the business, developed client and offer strategy, skilled in change management, and advisor to c-suite. Grown revenue +50% YoY, grew team 150% in 12 months.
Client strategist: Advise policy, government affairs, marketing, comms, and insights stakeholders on research programs that guide decision-making in their brand and reputation work. Partner closely with global tech companies based in the Bay Area and West Coast. Expertise in the tech sector particularly platform companies. Trusted executive presenter and storyteller.
Product, Offer, Thought leadership: Part of x-functional team bringing new products and research offers to Morning Consult clients. Advocate for company priorities which has led to building two flagship products (API and Rapid Message Testing). Led and produced thought leadership in an effort to modernize “political elite” definitions in market research.
Team building: Coach and develop high-performing teams, currently 10 direct reports ranging in experience from PhD to 20+ years in the industry. Established cohort mentoring across 60+ team of researchers, building a culture of research through a lunch and learn education program. Created a research center of excellence for the West Coast region focussed on methods and operations.
Ipsos, San Francisco - Vice President May 2017 - Oct 2020 Strategic advisor on brand and reputation: Built trusted partnerships with high-value clients. Advised on reputation risk in the tech sector. Led a global brand and reputation research program that underpinned strategic planning in the client’s marketing organization by identifying brand equity drivers, consumer concerns, and audience strategies.
Answered business questions with research programs: Effectively addressed client’s business questions designing research drawing on appropriate methodologies and analytical methods (e.g. A&U, campaign evaluation, message testing, tracking, opinion polling, segmentation, drivers). Developed and implemented high-quality standards for global research programs.
Product development: Developed online tools to monitor corporate reputation, enabling Ipsos to offer a new, innovative product to high-value clients. Led research programs to guide product development, helping my client’s team make informed decisions about their product roadmap.
Market intelligence: Founded a market intelligence team focused on exploring new business questions in the tech sector. The team engages senior Ipsos stakeholders and clients, informing strategy and direction.
Leadership and management: Developed and trained high-performing teams, from entry-level to over 20 years’ worth of experience. Successfully created a boutique client experience (and training program to match), while drawing on the strengths of Ipsos as an industry-leading research agency. Responsible for multi-million dollar research budgets, and a member of the client account leadership team.
Ipsos MORI, London - Associate Director January 2012 - May 2017 Global research management: Led a flagship reputation study for a multinational tech company, and designed research to reach influential audiences, including politicians and journalists. Evaluated policy and communications positioning to inform the marketing and policy teams’ strategic direction.
Stakeholder engagement: Communicated insight and strategic recommendations to senior stakeholders working in policy, corporate strategy and executive teams. Outcomes included targeted thought leadership programs, strategic policy hires, and the introduction of messaging frameworks for clients operating in high-risk industries and markets.
Mixed methods: Used qual (focus groups, IDIs) and quant (opinion polling - online, f2f, telephone) to design research programs to effectively answer clients’ business questions in reputation management, communications, and stakeholder engagement.
YouGov, London - Research Executive November 2011 – December 2012 Nation branding: Executed a complex reputation and nation branding research program for the Economic Development Board of a GCC nation in the midst of the Arab Spring. Presented to the Chief Economic Advisor to the Crown Prince and his board of advisors.
JMC Partners, London - Policy Consultant Creative Research (Qualitative), London - Research Executive August 2011 - November 2011 October 2009 - August 2011
Education
University of Exeter (2009), UK — BA Hons. Philosophy and Politics, First Class (equiv. GPA: 4.0) Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Caleb McWaters
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
4 Years
Q4
Business Information
Company Forge Industries
Q5
How did you hear about this vacant position?
Other (please specify):
Already on committee
#111
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, March 18, 2025 8:20:59 AM
Last Modified: Tuesday, March 18, 2025 8:29:37 AM
Time Spent: 00:08:37
IP Address: 104.176.4.125
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Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Voter Approved Tax Oversight Committee
Q18
Do you participate in any civic activities? If so, what are they? VATOC, volunteer at son's school (Montessori Central Marin), support local businesses! Q19
List any civic organizations of which you are a member:
None
Q20
Education:
BS - Civil Engineering
MS - Industrial Management
Q21
Why are you interested in serving on a board or commission? I've enjoyed my time on the VATOC, and feel that we're close to adjusting the committee to more closely meet the charge of the charter. I'd like to be a part of that change and improvement.
Q22
Describe possible areas in which you may have a conflict of interest with the City:
None.
Q23
Upload your resume.
Caleb%20McWaters%20Resume.pdf (95.3KB)
Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
1111
Caleb K. McWaters, P.E.
• San Rafael CA 94901 •
PROFILE
Leader and Construction Project Executive with experience managing a diverse suite of public and private construction projects largely in Northern California.
• Comprehensive project management experience including estimating, preconstruction, teambuilding of the management team, budgeting/scheduling, and subcontracting for projects greater than $100M annually.
• Strong leadership, personnel management, and communication skills; 13+ years experience leading wide-range of project engineers, project managers, and field supervisors to create effective project teams.
• Utilize all current CM software including Primavera 6, HCSS (Heavyjob/Heavybid), Bluebeam, AutoCAD, and Sage 100.
EDUCATION
Professional Engineer, Civil Engineering (CA License #84992) Board for Professional Engineers, Land Surveyors, and Geologists, December 2015 Certified Project Management Professional (PMP #1582962) Project Management Institute, February 2013
Master of Science, Industrial Management (1-Year MBA)
Krannert School of Management, Purdue University, August 2011 Bachelor of Science, Civil Engineering
US Coast Guard Academy, New London, CT, May 2008
EXPERIENCE
Project Executive (Anvil Builders Inc.) April 2021-Present - Westside Pump Station Reliability Improvements $50.5M 3-Year project to improve SFPUC’s wastewater reliability by providing new backup power and essential mechanical/HVAC equipment. Work largely consists of installing new bar screen assemblies, 54” knife gate valve and associated steel piping, construction of new concrete CIP electrical building and retaining wall, electrical power systems, equipment, appurtenances including PG&E metering unit and substations with switchgear and transformers, VFD’s, rooftop photovoltaic, associated site civil work.
- Alameda Creek Recapture Project $19.5M
Project to install (4) 350-hp pumps within an existing collection pond to allow future SFPUC use of Alameda Creek runoff throughout the Sunol water distribution network. Project includes new electrical building and all associated power systems and equipment, 36”/16” welded steel pipe and gate valves, 12” HDPE pipe, floating mooring/pump barges and anchorages, and all site security and civil work.
Project Manager (Anvil Builders Inc.) February 2017-April 2021 - DB-129.2 Bay Corridor Transmission and Distribution Phase II (South) $31M 2-year Design-Build project for SFPUC to install ~8,000 liner feet of High and Medium Voltage duct bank in San Francisco. Worked with owner and subcontracted engineering firm to execute this design-build project from 35% design through the completion of construction. Work included 5 Pilot-Tube Guided Auger boring operations (36/54”) under Union Pacific and SF-Muni railroad tracks and over 60,000 LF of conduit installation. Other associated work included relocation/installation of 12” AWSS pipe and 8” ductile iron (PUC water). - Presidio QMR Culvert Installation $10M
Work was to install new concrete CIP culvert under Mason Street in the Presidio SF to allow tidal flows from Crissy Marsh to communicate to upland areas and storm runoff back through the marsh into the bay. Work consisted of relocation or removal of existing utilities, sheetpile shoring and excavation, temporary bypass water system installation, concrete installation, grading of wetlands, and all associated site civil and restoration work.
- Paradise Debris Clean-up $81M
In response to one of the largest wildfire disasters in the history of the US (Camp Fire), managed one of the 3 contractors tasked with performing the debris clean-up efforts. With very little notice assembled a project team and presence onsite and began debris offhaul with 5-crew. At peak production managed 17 crews, over 150 employees, and over 220 truckers daily. Within 4 months the bulk of the work was completed totaling 1.9M tons safely offhauled. - Woolsey Fire Debris Clean-Up $14M
Simultaneously with the Paradise Debris clean-up, managed a second debris clean-up effort in southern California. Although there was obvious overlap, the difficulties in accessibility and local union issues made this project extremely challenging. Work was similarly completed safely and with respect to all homeowners and those affected by the tragedy. - Lower Crystal Springs Stilling Basin Outfall $6.5M
Environmentally friendly project to construct new fish passage for San Mateo Creek and included other mechanical improvements. Enabling work included a temporary creek diversion and biological sensitive species relocation. Mechanical work included new 24” ductile iron pipe, 72” linestop, 12”/24” gate valves and associated piping.
- Cherry Dam Outlet Works Rehabilitation $7M
Award Winning project to rehabilitate a remote dam outlet facility (Hetch Hetchy) including replacement of 66” fixed cone valves, repair of 84” butterfly valves, ancillary valves and 18” welded steel piping systems, structural concrete, PLC panel and electrical installation, and underwater diving operations. Project was awarded the San Francisco Collaborative Partnering Award (2018) for infrastructure projects <$10M for exemplifying excellence in team problem solving.
- Putnam 48” Welded Streel Pipe Watermain Replacement $5.5M Installation of 1300 ft of 48” welded steel pipe, 200 ft of sliplined 36” welded steel pipe, and 1800 ft of 8” ductile iron pipe and water services. Project included steep San Francisco slopes, overhead wires, utility crossings, coordination with sister utilities, and local community interaction throughout.
- Sunol Valley Water Treatment Plant Powdered Activated Carbon System $6.5M Construction of new Powdered Activated Carbon storage and feed system including two 80,000- gallon reinforced concrete tanks, 40-HP mixers, feed and transfer pump systems, mechanical piping and valves, electrical and instrumentation, and civil/site work. Project is under fixed timeline to accommodate scheduled plant shutdowns. Project will successfully integrate new water treatment system into fully operational plant.
- City of Sonoma Watermain Replacement $2.5M
Installation of 2600 ft of new 8” PVC watermain on HWY 12 in Sonoma including new fire and water services. Night work project required creative and flexible management, successfully completed on time and under budget.
- Potrero Power Plant Underground Utilities $1M
Work completed for PG&E in support of the remediation of Potrero Power Plant. Scope included demolition and restoration of underground utilities including electrical, storm sewer, and oily water. Additionally, completed reinforced 300-CY concrete slab to accommodate ISS batch plant cement tanks.
Senior Project Engineer (Anvil Builders Inc.) July 2016 – February 2017 - PG&E Shoreline Restoration Project $17M
Cradle to grave ownership of a time critical and highly sensitive remediation and construction project. Managed tight schedule and design-build architecture program to execute project within competing California wildlife work windows. Self-performed all concrete including architectural flatwork, wall foundations, and architectural seatwall construction. Additionally, self performed all underground utility installations including domestic water service and reclaimed irrigation.
Leveraged electrical, miscellaneous metals, and grading subcontractors. Developed and managed detailed P6 project schedule and managed biweekly design coordination meeting. Worked closely with PG&E environmental consultants to ensure Naturally Occurring Asbestos controls were successful and sensitive plant and bird communities were protected. Utilized local hire workforce to achieve local community hiring goals.
Civil Design Engineer (U.S. Coast Guard) August 2015 – July 2016 - Perform full suite of project design activities including site investigations, specification and drawing preparation, cost estimating, and environmental/contracting coordination. - Provide technical engineering support during contract bidding and negotiations. - As construction manager, ensures strict contract adherence, liaison for all stakeholders, performs QA, evaluates modifications, and manages invoices and payment of contractors.
Managed Large Portfolio of USCG Facilities values at $25M:
- Waterfront Inspections and Maintenance Program Manager for USCG West Coast (37 facilities). o Ensure contract inspections are complete on all US Coast Guard waterfront assets including piers, wharfs, floating docks, and load bearing structures. o Create commercial maintenance contracts to correct deficiencies discovered. o Generate cohesive response to emergency casualties within tight timelines to ensure critical Coast Guard response operations remain available.
- Tower Program manager for USCG West Coast (186 towers). o Leads maintenance and repair contracts for all towers on rotating schedule. o Leads climber safety courses as primary safety officer, students qualified to climb 90’.
Industrial Manager (U.S. Coast Guard) August 2011 – July 2015 - Led 3 distinct industrial departments through a period of volatile organizational change including the stand-up of a nationally centralized work center, changing organizational structures, and complete overhaul of all business processes. Ensured consistent and high quality work was produced throughout.
- Self performed $3M in civil construction, repair, and naval repair work annually. - Contributed valuable recommendations to the improvement of metrics, the efficiency of work processing and how to integrate three separate timekeeping systems. - Greatly improved processing times for required preconstruction paperwork. - Supervised 45 diverse tradesmen and administrative staff at 3 geographical sites. For 1 year, managed 8 direct reports, ensuring pay, evaluations, and administrative work was completed in addition to normal responsibilities.
- Led execution of multiple projects at one time, balanced workforce to ensure on-time delivery. - Accountable for final review of all plans and estimates for projects, ensuring cost and scope accuracy prior to award.
- Daily use of Primavera P6 project management software to monitor and de-conflict schedule and resource allocation.
Assistant Engineer Officer (U.S. Coast Guard) May 2008 – June 2010 Onboard a medium endurance Coast Guard cutter, led two engineering divisions with increased responsibility throughout, culminating in command of the engineering department (35 engineers) during a 2-month patrol.
- Ensured proper operation and maintenance of the electrical, HVAC, auxiliary water, sewage, and emergency response machinery on board a 270' Coast Guard Cutter. - Government contract representative for 17 work items during 3-month dry dock project for a $50M CG asset. Ensured QA, specification adherence, and drafted contract modifications. Dry dock was completed on time allowing vital Coast Guard asset to return to service. - Qualified Underway Officer of the Deck and Engineer of the Watch within first year.
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Jon Haveman
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?
23 years
Q4
Business Information
Company National Economic Education Delegation
Address 874 Fourth St, 2nd Floor #1
City/Town San Rafael
ZIP/Postal Code 94901
#94
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Saturday, January 20, 2024 2:28:48 PM
Last Modified: Saturday, January 20, 2024 2:32:20 PM
Time Spent: 00:03:32
IP Address: 73.170.99.227
Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Manager's Newsletter
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Voter Approved Tax Oversight Committee
Q10
Do you participate in any civic activities? If so, what are they? San Rafael Planning Commission
Q11
List any civic organizations of which you are a member:
San Rafael Planning Commission
Q12
Education:
Ph.D. in Economics
Q13
Why are you interested in serving on a board or commission? I believe that my economics training could be an asset to the Commission and I am looking to further serve the City and my community.
Q14
Describe possible areas in which you may have a conflict of interest with the City:
None.
Q15
Upload your resume.
HavemanCV.pdf (91.1KB)
Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
1111
Curriculum Vitae
Jon D. Haveman, Ph.D.
Executive Director
National Economic Education Delegation
San Rafael, CA 94903
Education
§ 1992: Ph.D. in Economics, University of Michigan, Ann Arbor § 1990: M.A. in Economics, University of Michigan, Ann Arbor § 1986: B.S. in Economics, University of Wisconsin, Madison Employment History
§ 2018-Current: Founder and CEO, EconSpeak.org
§ 2017-Current: Founder and Executive Director, National Economic Education Delegation
§ 2013-Current: Principal, Marin Economic Consulting, LLC § 2013-Current: Senior Research Fellow, Marin Economic Forum § 2011-2013: Founding Principal, Haveman Economic Consulting, LLC § 2011-2013: Chief Economist, Bay Area Council Economic Institute § 2007-2010: Founding Principal, Beacon Economics, LLC
§ 2004-2006: Program Director, Economy, Public Policy Institute of California § 2003-Current: Founder and Executive Director, Forum for Research in Empirical International Trade (FREIT)
§ 2001-2004: Research Fellow, Public Policy Institute of California § 2000-2001: Economist, United States Federal Trade Commission § 1999-2000: NSF/ASA Visiting Research Fellow, U.S. Bureau of the Census, Center for Economic Studies
§ 1999: Visiting Fellow, Public Policy Institute of California § 1997-1998: Senior Economist, Council of Economic Advisers, Executive Office of the President of the United States
§ 1992-2000: Assistant Professor, Purdue University, Krannert School of Management
§ 1985-1987: Research Associate, Laurits R. Christensen Associates Consulting Experience/Major Clients
§ 2019: Prosperity Now
§ 2017: United States Geological Survey (USGS)
§ 2016: Mission Bay Alliance
§ 2015: ExtraFood.org Advisory Board, Consulting Economist -
§ 2015: Ewing Marion Kauffman Foundation
§ 2015: Joint Venture Silicon Valley
§ 2014: Marin Economic Forum
§ 2014: Corporation for Enterprise Development
§ 2013: Bay Area Council Economic Institute
§ 2012: San Mateo Transportation (SAMTrans)
§ 2012: California Endowment
§ 2012: Bay Area Joint Policy Committee
§ 2010: East Bay Economic Development Alliance
§ 2010: San Mateo County Economic Development Association § 2009: Child and Family Policy Institute of California § 2008-2009: Port of Oakland
§ 2008-2009: City of Oakland, CA
§ 2008: City of San Jose, CA
§ 2007-2008: William and Flora Hewlett Foundation
§ 2006, 2008: American Institute of Certified Public Accountants § 1991-1998: The Center for Research on Budget and Policy Priorities § 1991: The Urban Institute
Select Speeches/Talks Given as Consultant (Select List) § United Way of Silicon Valley
§ California High Speed Rail Authority
§ San Mateo County
§ Presidio Bank
§ Marin Forum
§ North Bay Leadership Council
§ Association of California Community College Administrators § Walz Group
§ Alameda County Finance Officers Group
§ Citibank
§ City National Bank
§ Bay Area Council Economic Institute
§ Association of Pacific Ports
§ California Maritime Leadership Symposium
§ City of Alameda
§ Kaiser Permanente
§ Monterey County
§ Construction Employers Association
§ Burr, Pilger, Mayer
§ Urban Land Institute
§ San Francisco Chamber of Commerce
§ South Bay Economic Development Alliance
§ Humboldt County
§ Colliers International
§ Bay Area World Trade Center
§ Northern California Trade Corridor Coalition
§ Los Angeles Chamber of Commerce
§ Port of Los Angeles
§ Port of Oakland
Recent Economic Development and Consulting Publications “Bay Area Employment Changes: Trouble in the Tech World? February, 2017 Update”, SAMCEDA, April 2017.
“The State of Redwood City, California: Indicators and Revenue Forecasts”, March 2017.
“California Regulations and Employment in Silicon Valley”, for Joint Venture Silicon Valley, July 2016.
“Warriors Stadium Economics: Uncertainty and Alternatives”, for the Mission Bay Alliance, November 2015.
“Marin County Comprehensive Economic Development Strategy (CEDS)”, coauthored with Rob Eyler and the Marin Economic Forum, September 2015. “Inequality in the San Francisco Bay Area”, Joint Venture Silicon Valley, July 2015. “Poverty in the San Francisco Bay Area”, Joint Venture Silicon Valley, March 2015. “US Economic Overview”, Marin Economic Forum, October 2015, 2014, and 2013. “California Economic Overview”, Marin Economic Forum, October 2015, 2014, and 2013.
“Driver-LMC Relationships in Port Drayage: Effects on Efficiency, Innovation, and Rates – With Special Attention to Shippers Transport Express,” Marin Economic Consulting White Paper, August, 2014.
“The Economic Impact of the 34th America’s Cup in San Francisco,” Bay Area Council Economic Institute, December 2013.
“The Economic Impact of San Francisco Hotels,” Bay Area Council Economic Institute, October 2013.
“The Bay Area: A Regional Economic Assessment,” Bay Area Council Economic Institute, October 2013.
“Labor Supply and Commute Patterns in San Mateo County,” Bay Area Council Economic Institute, November 2012.
“The Economic Impact of Caltrain Modernization,” Bay Area Council Economic Institute, June 2012.
“The Economic Impact of the Affordable Care Act on California,” Bay Area Council Economic Institute, May 2012.
“Building on our Assets: Economic Development and Job Creation in the East Bay,” contributing author, East Bay Economic Development Alliance, October 2011. “Deconstructing and Understanding the Employment Dynamics of the San Mateo County Economy,” Haveman Economic Consulting, June 2011. “The America’s Cup: Economic Impacts of a Match on San Francisco Bay,” Bay Area Council Economic Institute, July 2010.
“Comprehensive Truck Management Program: Economic impact Analysis,” for the Port of Oakland, March 2009.
“Spending on County Human Services Programs in California: An Evaluation of Economic Impacts,” with Eric Fisher and Fannie Tseng, for the Child and Family Policy Institute of California, March 2009.
“Clean Trucks Program: An Economic Policy Analysis,” with Christopher Thornberg, for the William and Flora Hewlett Foundation, February 2008. “Waiting To Save: A Crisis of the Young,” with Christopher Thornberg, for the American Institute of Certified Public Accountants, November 2008. “An Economic Backdrop for Fiscal Reform in California,” with Christopher Thornberg, for California Forward, November 2008.
“Container Fees and Commercial Benefits of Improved Waterborne Goods Movement Infrastructure in California,” with Christopher Thornberg, for the Natural Resources Defense Council and the Coalition for Clean Air, August 2007. “Savings and Asset Accumulation Among Americans 25-34,” with Christopher Thornberg, for the American Institute of Certified Public Accountants, October 2006.
Refereed Publications
“The Container Security Initiative and Ocean Container Threats,” with Howard J.
Shatz, Ethan Jennings, and Gregory C. Wright. Journal of Homeland Security and Emergency Management, v. 4, no. 1, Mar. 2007.
“U.S. Port Security Policy After 9/11: An Overview and Evaluation,” with Howard J.
Shatz. Journal of Homeland Security and Emergency Management, Vol 2, No. 4, 2005. “Developed Country Trade Barriers and the Least Developed Countries: The Current Situation,” with Howard J. Shatz. Journal of Economic Integration, Vol 19, No. 2, 2004.
“Developed Country Trade Barriers and the Least Developed Countries: The Economic Results of Freeing Trade,” with Howard J. Shatz. In The WTO, Developing Countries and the Doha Development Agenda: Prospects and Challenges for Trade-Led Growth, edited by Basudeb Guha-Khasnobis, Palgrave-Macmillan, 2004.
“Alternative Hypotheses and the Volume of Trade: The Gravity Equation and the Extent of Specialization,” with David Hummels. Canadian Journal of Economics, Vol. 37, No. 1, 2004.
“How Effective are Trade Barriers? An Empirical Analysis of Trade Reduction, Diversion and Compression,” with Jerry Thursby and Usha Nair-Reichert. Review of Economics and Statistics, Vol. 85, No. 2, 2003.
“International Integration and Growth: A Survey and Empirical Investigation” with Vivian Lei and Janet S. Netz. Review of Development Economics, Vol. 5, Issue 2, June 2001.
“All in The Family: Family, Income and Labor Force Attachment.” with Janet S. Netz.
Feminist Economics, Vol. 5, No. 2, Fall 1999.
“The Influence of Changing Trade Patterns on Displacements of Labor.” International Trade Journal, Vol. 12, No. 2, Summer 1998. “Trade Creation and Trade Diversion: Some New Empirical Evidence,” with David Hummels. Journal of Transnational Management Development, Vol. 3, No. 2, 1998.
Reprinted in Globalization and Regionalization: Strategies, Policies, and Economic Environments, eds, Jean-Louis Muchielli, Peter J. Buckley, and Victor V. Cordell, 1998. “The Effects of Protection on the Pattern of Trade: A Disaggregated Analysis,” with Jerry Thursby and Usha Nair. In Business and Economics for the 21st Century, Vol. 1, 1997.
“Some Welfare Effects of Sequential Customs Union Formation,” Canadian Journal of Economics, Vol. 29, No. 4, November 1996.
“The Effects of U.S. Trade Laws on Poverty in America,” with Alan V. Deardorff, Journal of Human Resources, Vol. 30, No. 4, Fall 1995.
“Sectoral Effects of Reductions in NATO Military Expenditures in the Major Industrialized and Developing Countries,” with Alan V. Deardorff and Robert M.
Stern, Open Economies Review, Vol. 4, No. 3, 1993.
“Some Economic Effects of Unilateral and Multilateral Reductions in Military Expenditures in the Major Industrialized and Developing Countries,” with Alan V.
Deardorff and Robert M. Stern, Journal of Conflict Management and Peace Science, Vol. 12, No. 1, 1992. Reprinted in Defense Spending and Economic Growth, eds, James E. Payne and Anandi P. Sahy, 1993.
Other Publications
“An Overview of U.S. Port Security Programs,” with Howard J. Shatz, in The Economic Impacts of Terrorist Attacks, Harry W. Richardson, Peter Gordon, and James E.
Moore, II (eds.) Edward Elgar: Northampton MA, 2005.
"The Benefits of Market Opening," with Mark R. Hopkins, 1998 Economic Report of the President, Chapter 7, February 1998.
"The Welfare Implications of Trading Blocs Among Countries with Different Endowments: A Comment," In The Regionalization of the World Economy, J. A.
Frankel (ed.)., 1997.
"Victory for Free Trade and For Indiana," with Janet S. Netz, Hoosier Banker, Vol. 79, No. 2, February 1995.
"New Dimensions in Regional Integration: A Review," Journal of International Economics, Vol. 38, No. 1/2, 1995.
"Computational Analysis of the Sectoral Effects on United States Trade and Employment of Unilateral and Multilateral Reductions in Military Expenditures," with Alan V. Deardorff and Robert M. Stern, in The Macroeconomic Dimensions of Arms Reductions, edited by F. Gerard Adams. Pew Studies in Economics and Security. Boulder and Oxford: Westview Press, 1992.
"State Poverty Rates for Whites, Blacks, and Hispanics in the Late 1980s," with Sheldon Danziger and Robert D. Plotnick, Focus, Vol. 3, No. 1, Spring 1991.
Publications for the Public Policy Institute of California
“Securing the Nation’s Seaports: Balancing Security and cost” with Howard J. Shatz.
Public Policy Institute of California, Edited Volume, 2006.
“California and the Global Economy: Recent Facts and Figures, 2006 Edition” with Ethan M. Jennings and Howard J. Shatz. Public Policy Institute of California, Occasional Paper, 2006.
“Recent Trends in Exports of California’s Information Technology Products,” with Howard J. Shatz, in California Economic Policy, Vol. 1, No. 2, Public Policy Institute of California, 2005.
“California and the Global Economy: Recent Facts and Figures,” with Howard J. Shatz and Greg C.Wright. Public Policy Institute of California, Occasional Paper, 2005.
“Services Offshoring: Background and Implications for California,” with Howard. J.
Shatz, Public Policy Institute of California, Occasional Paper, 2004.
"California’s Global Gateways: Trends and Issues," with David Hummels. Public Policy Institute of California, April, 2004.
"Foreign Tariff Reductions and California’s Exports." Public Policy Institute of California, June, 2003.
“Imports, Exports, and Shipping Services: The Balance Between California and Other States.” Public Policy Institute of California, Occasional Paper, April 2003.
“California and the World Economy: Exports, Foreign Direct Investment and U.S.
Trade Policy,” with Howard J. Shatz , and Ernesto Vilchis. Public Policy Institute of California, Occasional Paper, December 2002.
“Expanding California's Technology Sector.” Public Policy Institute of California, Occasional Paper, November 2002.
"California's Vested Interest In U.S. Trade Liberalization Initiatives." Public Policy Institute of California, March 2001.
Testimony and Presentations before Government Bodies
May/17: “A Redwood City Economic Forecast”, Redwood City City Council, Redwood City, CA.
April/17: “A Redwood City Economic Forecast”, Redwood City City Council Finance Subcommittee, Redwood City, CA.
January/17: Economic Forecast Roundtable, California Energy Commission, Sacramento, CA.
March/16: Testimony before the San Francisco Board of Supervisors regarding the America’s Cup, San Francisco, CA.
October/12: “The Economic Impact of Caltrain Modernization,” California High Speed Rail Authority, Sacramento, CA.
November/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” Presentation before the Port of Los Angeles Harbor Commission, San Pedro, CA.
August/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” Joint Legislative Committee on Emergency Services and Homeland Security and the Senate Committee on Transportation & Housing Subcommittee on California Ports & Goods Movement, Securing California’s Maritime Transportation System: Seamless Operational Security (SOS), Long Beach, CA.
July/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” luncheon presentation for Congressional Staffers, Washington, DC.
July/04: “California’s Global Gateways: Trends and Issues,” presented at a meeting of the Port of Los Angeles Citizen’s Advisory Commission.
May/04: “Background and Perspectives on Offshoring,” presented at a hearing on the Offshoring of Services sponsored by the California Assembly Office of Policy Planning and Research.
August/03: “Foreign Tariff Reductions and Southern California’s Small and Medium Sized Exporters,” presented to the Subcommittee on Tax, Finance, and Exports of the Committee on Small Business of the United States House of Representatives at a hearing entitled Small Business Exporting and the Southern California Economy, Long Beach, California.
July/03: “Foreign Tariff Reductions and California Exports,” luncheon presentation for Congressional Staffers, Washington, DC.
April/03: “Imports, Exports, and Shipping Services: The Balance Between California and Other States,” luncheon presentation for Congressional Staffers, Washington, DC.
November/02: “Expanding California’s Technology Sector,” presented to the California Assembly Subcommittee on Information and Technology in Santa Clara, California.
November/01: “California’s Vested Interest in U.S. Trade Liberalization Initiatives,” luncheon presentation for Congressional Staff, Washington, DC.
Professional Service (2000-Present)
2006-Current: Co-Organizer of professional development conferences in each of the United States, Japan, Canada, and Slovenia each year.
October 2006: Conference Co-Organizer, The Thirteenth Annual Conference on Empirical Investigations in International Trade, with Calgary University, in Banff, Canada.
June 2006: Conference Co-Organizer, The Third Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.
November 2005: Conference Co-Organizer, The Twelfth Annual Conference on Empirical Investigations in International Trade, at Purdue University.
June 2005: Conference Co-Organizer, The Second Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.
November 2004: Conference Co-Organizer, The Eleventh Annual Conference on Empirical Investigations
in International Trade, at The University of California – Santa Cruz.
June 2004: Conference Co-Organizer, The First Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.
Sponsored primarily by the Faculty of Economics, Ljbuljana University.
November 2003: Conference Co-Organizer, The Tenth Annual Conference on Empirical Investigations in International Trade, at Purdue University.
November 2000: Conference Co-Organizer, The Seventh Annual Conference on Empirical Investigations in International Trade, at the University of Colorado - Boulder.
Referee: American Economic Review, Economic Journal, Journal of International Economic Integration, Journal of International Economics, Review of International Economics, Review of Economic Statistics, Journal of Industrial Economics, Southern Economic Journal, Canadian Journal of Economics, Journal of Peace Science.
Reviewer: National Science Foundation
Conference Participation/Presentations (2000-current)
November, 1994-March, 2019: 64 conferences organized under the Forum for Research in Empirical International Trade (FREIT)
- Empirical Investigations in International Trade, United States - Rocky Mountain Empirical Trade, Canada
- Ljubljana Empirical Trade Conference, Slovenia
- Sardinia Empirical Trade Conference, Italy
- Empirical International Trade and Investment, Asia (various) April/06: Participant, Fresh Voices: The United States and Europe in a New Age, The Hague, Netherlands.
February/06: Presenter: “Seaport Activity and Local Establishment Dynamics,” National Urban Freight Conference, Sponsored by USC and CSULB, Long Beach, CA.
December/05: Participant, Fresh Voices: The United States and Europe in a New Age, Austin, TX.
December/03: Participant and Discussant, Regional Integration Network Symposium on Globalization, Punta Del Este, Uruguay.
July/03: Panelist: “The Globalization of California’s Economy,” Roundtable Discussion, organized by the Bay Area Economic Forum, the Public Policy Institute of California, and the Pacific Council on International Policy, San Francisco, CA.
June/03: Presented: “Foreign Tariff Reductions and California’s Exports,” Congressional Briefing organized by the California Institute, Washington, DC.
June/03: Presented: “Foreign Tariff Reductions and California’s Exports,” at a discussion forum organized by the Pacific Council on International Policy, Los Angeles, CA.
November/02: Discussant, Conference on: Empirical Investigations in International Trade, Emory University.
October/02: Discussant, Fifth annual Santa Cruz Center for International Economics Conference.
November/01: Discussant, Conference on Empirical Investigations in International Trade, Purdue University.
July/01: Presented: “Trade Reduction, Compression, and Diversion: Empirical Regularities in the Effects of Protective Measures.” Industrial Production Group - Federal Reserve Board, Washington, DC
November/00: Discussant, Conference on: Empirical Investigations in International Trade, University of Colorado - Boulder.
January/00: Presented: “Trade Reduction, Compression, and Diversion: Empirical Regularities in the Effects of Protective Measures.” Bureau of Economic Analysis, Washington, DC
Courses Taught
§ Principals of Microeconomics (Undergraduate)
§ International Economics (Undergraduate)
§ Labor Economics (Undergraduate, Masters)
§ Economic Analysis (Undergraduate)
§ Managerial Economics (Graduate)
§ Empirical International Trade (Graduate)
§ International Trade Theory (Graduate)
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Masoud Nilforoush Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
9 years
Q4
Business Information
Company Powur Solar Power
Q5
How did you hear about this vacant position?
Other (please specify):
Email
#104
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, January 27, 2025 5:18:11 PM
Last Modified: Monday, January 27, 2025 5:27:45 PM
Time Spent: 00:09:34
IP Address: 12.75.243.90
-
Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
ADA Access Advisory Committee,
Bicycle and Pedestrian Advisory Committee,
Fire Commission,
Marin County Hazardous & Solid Waste Management
JPA Local Task Force Advisory Member
,
Park and Recreation Commission,
Planning Commission,
Voter Approved Tax Oversight Committee,
Police Advisory & Accountability Committee
Q18
Do you participate in any civic activities? If so, what are they? No
Q19
List any civic organizations of which you are a member:
N/A
Q20
Education:
Master in computer systems
Q21
Why are you interested in serving on a board or commission? To help my city
Q22
Describe possible areas in which you may have a conflict of interest with the City:
None
Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.
Respondent skipped this question
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
1111
Minutes subject to approval at the City Council meeting
MINUTES
SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 3, 2025 AT 3:00 P.M.
In-Person:
Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch on Webinar
Watch Online: https://tinyurl.com/ccss-2025-03-03
Listen by phone: (669) 444-9171
ID: 835-9471-2912#
One Tap Mobile: +16694449171,,83594712912# US
Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None.
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 3:00 p.m. and invited City Clerk Lindsay Lara to call the roll.
All members of the City Council were present.
STUDY SESSION
a. City Council Goals and Objectives Workshop
The City Council will conduct a goals and objectives workshop, facilitated by Jacob Green and Associates, Inc. The purpose of the workshop is to build alignment around the City Council’s vision for this next three-year goals and objectives plan period. The City Council will review and discuss draft goals and objectives which will inform the City’s budget development process and provide a roadmap for organizational success City Manager Cristine Alilovich provided comments on the process for the evening and introduced Jacob Green from Jacob Green and Associates who guided the discussion around the draft three-year goals and objectives discussion.
Mayor Kate invited public comment; but there was none.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 5:26 p.m.
Subject to approval at the April 7th City Council meeting
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, MARCH 17, 2025
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.
If you experience technical difficulties during the meeting, please contact [email protected].
SPECIAL MEETING AT 4:30 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch online: https://tinyurl.com/CC-03-17-2025
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None.
Also Present: City Manager Cristine Alilovich
Assistant City Attorney Andrea Visveshwara
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 4:31 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.
1. Discussion on Recent Housing Legislation (CA)
Outside Legal Counsel Nira Doherty gave a presentation on recent housing legislation.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there was none.
Mayor Kate adjourned the meeting at 5:28 p.m.
established 1874
2 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-03-17-2025
or www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
OPEN SESSION – CITY MANAGER’S CONFERENCE ROOM – 5:20 PM
1. Mayor Kate to announce Closed Session items.
CLOSED SESSION – CITY MANAGER’S CONFERENCE ROOM – 5:20 PM
2. Closed Session:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property: 350 Merrydale Road / 3833 Redwood Highway, San Rafael APNs 179-041-27 & 179-041-28
Agency negotiator: Cristine Alilovich, City Manager; John Stefanski, Assistant City Manager; Daniel Cooperman, Community Services Division Director
Negotiating parties: Ridgewood Properties, a California General Partnership, as to an undivided ½ interest; and Francine M. Clayton, Trustee of The Francine M. Clayton 1996 Trust, as to an undivided ½ interest
Under negotiation: Price and Terms of Payment
Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None.
Also Present: City Manager Cristine Alilovich
Assistant City Attorney Andrea Visveshwara
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:07 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, Team of the 4 th
quarter, Employee of the 4
th quarter, Public Works grant funding, and a land acknowledgment.
City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
3. City Manager and Councilmember Reports:
3 City Manager Cristine Alilovich reported on:
• Equity Resolution
• Immigration announcement
• County of Office of Emergency Services - Alert Marin
• Public Works Department appreciation
• Police Advisory & Accountability Committee meeting to be held Wednesday, March 19 at 5:30 pm
City Councilmember Reports:
• Vice Mayor Bushey reported on the Public Service Award Selection Committee, San Rafael Sanitation District, and the ribbon cutting for The Burren House. • Councilmember Kertz reported on the eBike Committee
• Councilmember Hill reported on the Public Service Award Selection Committee and appreciated the Public Works Department.
• Councilmember Llorens Gulati expressed appreciation to the Public Works Department, and reported on Meals on Wheels, Parking Permit Program, Sea Level Rise Subcommittee Meeting, and CivicWell Policy Makers Conference. • Mayor Kate reported on the Burren House Ribbon Cutting, Drake Terrace, Sun Valley Neighborhood Association.
Mayor Kate invited public comment.
Speakers: Name withheld, John Reynolds
Assistant City Attorney Andrea Visveshwara announced that no reportable action was taken in Closed Session.
CONSENT CALENDAR:
Mayor Kate invited public comment; however, there were none.
Mayor Kate commented on item 4.d
Councilmember Llorens Gulati moved and Vice Mayor Bushey seconded to approve the Consent Calendar.
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of March 3, 2025 (CC) Approved minutes as submitted
b. Equity, Inclusion, Belonging, Diversity and Democracy Resolution Resolution Affirming the City’s Values of Equity, Inclusion, Belonging, Diversity and Democracy (CM)
Adopted Resolution 15377
c. Encampment Cleanup Services Contract Amendment
4 Resolution Authorizing the City Manager to Amend a General Services Agreement with Foege Schuman Global Disaster Solutions LLC, in the Amount not to Exceed $75,000, for a Total not to Exceed Amount Under the Agreement of $150,000 (CM) Adopted Resolution 15378
d. Marin Transit Collaboration Agreement
Resolution Authorizing the City Manager to Enter into a Collaboration Agreement with Marin County Transit District (Marin Transit) Regarding Community Benefits for the Development of an Electric Bus Charging Facility Located at 1075 Francisco Blvd East (CM) Adopted Resolution 15379
e. Audio-Visual Systems Upgrades for City Conference Rooms Resolution Authorizing the City Manager to Enter into an Agreement, which is Exempt from Competitive Bidding Process, with MarinIT, Inc. for Audio-Video Systems Upgrades to Five City Conference Rooms, with a Total Cost Not to Exceed $193,938 (DS) Adopted Resolution 15380
f. Employee Relations Legal Services Agreement Amendment Resolution to Authorize the City Manager to Amend the Professional Services Agreement with Burke, Williams & Sorensen, LLP for Employee Relations Legal Services, to Increase the Contract Amount by $75,000, For a Total Not to Exceed $225,000 (HR) Adopted Resolution 15381
g. Downtown Library Mobile Shelving Purchase
Resolution Waiving Bidding Requirements and Authorizing the City Manager to Execute a Purchase Order with Ross McDonald Co., Inc for the Purchase of Mobile Shelving and Furniture for the Downtown Library in an Amount Not to Exceed $154,582 (LR) Adopted Resolution 15382
h. Special Event Street Closure in San Rafael
Resolution Authorizing the Temporary Closure of a Portion of Point San Pedro Road in San Rafael (PD)
Adopted Resolution 15383
i. San Quentin Pump Station Reconstruction
Resolution Authorizing the City Manager to Execute a Fifth Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for Additional Construction and Environmental Compliance Support Services Associated with the San Quentin Pump Station Reconstruction Project, in the Amount Not to Exceed $43,950, for a Revised Total Agreement Amount of $592,103 (PW) Adopted Resolution 15384
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
PUBLIC HEARINGS
5. Public Hearings
a. General Plan 2040 Progress Report
5 General Plan and Housing Element Annual Progress Report (APR) Highlighting Progress on the Policies and Programs Identified in the City’s General Plan and The City’s Progress Toward Meeting Its Share of the Regional Housing Need Allocation (RHNA) (CED) Director of Community & Economic Development Micah Hinkle introduced Planning Manager Margaret Kavanaugh-Lynch, who presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: John Reynolds, Name withheld
City Council provided comments.
Planning Manager Noted an Error in the Report, Figure 1, to Modify “622” to the Correct Figure.
Vice Mayor Bushey moved and Councilmember Kertz seconded to Accept the General Plan and Housing Element Annual Progress Report (APR) Highlighting Progress on the Policies and Programs Identified in the City’s General Plan and The City’s Progress Toward Meeting its Share of the Regional Housing Need Allocation (RHNA) with a Modification to Figure 1, “622” to the correct figure.
AYES: Councilmembers: Bushey, Kertz, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report with modifications
OTHER AGENDA ITEMS
6. Other Agenda Items:
a. Update on Draft Terra Linda Park and Community Center Enhancement Plan Presentation and Update on Draft Terra Linda Park and Community Center Enhancement Plan (LR)
Director of Library & Recreation Catherine Quffa provided comment and introduced Melanie Reynolds from Gates & Associates, who presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Name withheld, Michael Norton Lindsay
Staff responded to questions from the community.
City Council provided comments.
6 Councilmember Kertz moved and Councilmember Llorens Gulati seconded to accept the Draft Terra Linda Park and Community Center Enhancement Plan AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report
b. Canal Neighborhood Active Transportation Enhancement Project Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with BKF Engineers to Provide Design and Environmental Services for the Canal Neighborhood Active Transportation Enhancement Project in the Amount Not to Exceed $1,264,034 (PW)
Associate Civil Engineer Grey Melgard presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: John Reynolds, Name withheld
Staff responded to questions from the community.
City Council provided comments.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with BKF Engineers to Provide Design and Environmental Services for the Canal Neighborhood Active Transportation Enhancement Project in the Amount Not to Exceed $1,264,034
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15385
OPEN TIME FOR PUBLIC EXPRESSION
None
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:33 pm.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2025
7 _____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.b
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Stacey Laumann
Senior Management Analyst
City Manager Approval: __________
TOPIC: DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD APPOINTMENTS
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPOINTING
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD
MEMBERS
RECOMMENDATION:
Staff recommend that the City Council adopt the resolution appointing members to the Downtown San Rafael Business Improvement District Advisory Board.
BACKGROUND:
Since 1979, the San Rafael Downtown Business Improvement District (BID) has operated to support economic vitality in the City’s core. Section 36500 of the California Streets and Highways Code allows for the creation of a BID within a municipality, whereby businesses within the district self-assess an annual fee to pay for improvements and activities which benefit the overall business district. The intent of the state law is to provide a funding mechanism for business districts to promote economic vitality.
BID funds are collected through the City’s annual business license process and are utilized to support business improvement programming and projects within the assessment district. Funds have been spent on program administration, marketing, physical improvements, and special events. Historically, special events have been the core focus of collected assessment funds.
The City Council appoints a BID Advisory Board, pursuant to San Rafael Municipal Code (SRMC) Section 10.09.080, typically on an annual basis. The BID Advisory Board consists of a volunteer board of directors, primarily small business owners or business representatives within the BID boundaries. The BID Advisory Board is supported by the Chamber of Commerce, which ' •
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
employs a part-time BID Executive Director with administrative support by the Chamber of Commerce staff, via contract with the City of San Rafael.
The City Council appointed eleven people to the BID Advisory board for one year on February 4, 2024, per Resolution 15271, all of whose term expired on January 31, 2025. Staff recommends that the City Council appoint a new Advisory Board as allowed under SRMC Section 10.09.080. The City would also like to thank outgoing members Amy Bullock, Bishlam Bullock, Joe McCallum, and Kelly Phu for their service.
ANALYSIS:
The BID Advisory Board appointment process is outlined in Section 2.a of the Downtown BID Administrative Guidelines adopted by City Council on May 1, 2023. Consistent with those guidelines, the BID conducted an annual meeting to select nominations for the District Advisory Board on September 30, 2024. Seven of the 2024 BID Advisory Board members were nominated for reappointment to the Advisory Board in 2025. Two new nominees were also selected; however, both are no longer available to serve. A call for nominations to fill vacant seats was subsequently advertised by the BID and three new nominations were received. In total, ten people are nominated for appointments to the BID Advisory Board for the 2025 tax levy year. All nominated BID Advisory Board Members represent businesses within the BID boundaries and are eligible for appointments.
The recommended BID Advisory Board Members in 2025 (*new members):
Advisory Board Nominee Business Name Representation
Terrence Thornton San Rafael Martial Arts Non-retail business Adam Dawson Mike’s Bikes Retail business
Valon Grajqevci Tam Commons Non-retail business
Tobi Lessem Bodywise Massage Non-retail business
Jeff Brusati T&B Sports Retail business
Morgan Schauffler Youth in Arts Non-retail business
Jay Yinger Yinger Studios Non-retail business
* Temple Schauble Metta Yoga Non-retail business
* Katherine Erilla Modern + Avenida Retail business
* Crystal Vargas ARTT Retail business
Staff recommends that the BID Advisory Board term expires no earlier than February 20, 2026, to accommodate the annual meeting schedule, potential Advisory Board meeting cancelations, and allow sufficient administrative time to process Board appointment recommendations COMMUNITY OUTREACH:
The BID has notified its members of the recommended Board appointments through its member communications including the BID e-newsletter, notifications on the BID website, and agenda items at the monthly BID board meeting.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
There is no fiscal impact associated with this action.
OPTIONS:
The City Council has the following options to consider on this matter:
1) Adopt the resolution as presented by appointing nominated members to the BID Advisory Board for the calendar year 2025.
2) Adopt the resolution with modifications.
3) Take no action.
4) Direct staff to return with additional information.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt the resolution appointing members to the Downtown San Rafael Business Improvement District Advisory Board.
ATTACHMENTS:
1. Resolution Appointing BID Advisory Board
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPOINTING DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD MEMBERS WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets & Highways Code § 36500 et seq. (“1989 Act”), authorizes cities to establish parking and business improvement areas for the purpose of promoting economic revitalization and physical maintenance of business districts to create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, pursuant to the 1989 Act, in June 2013 the City Council of San Rafael adopted Ordinance No. 1912 (“Ordinance”), codified in the San Rafael Municipal Code (“SRMC”) Chapter 10.09, establishing the Downtown San Rafael Business Improvement District (“District”) to replace a former Parking and Business Improvements Area Business Improvement District established in 1979; and
WHEREAS, the Ordinance provides for the City’s collection of assessments on approximately 700 businesses that operate within the District’s boundaries; and WHEREAS, the revenues derived from the assessments (further defined herein as “District Funds”) are used for the general promotion of business activities, public events, and other activities that provide a specific benefit to the assessed businesses; and the acquisition, construction, installation and maintenance of tangible property that provide a specific benefit to the assessed businesses; and WHEREAS, pursuant to section 36530 of the 1989 Act and SRMC Section
10.09.080, the Council appoints a District Advisory Board consisting of members that own or represent a business in the District or voluntary members; and WHEREAS, the District Advisory Board administers the affairs of the District and prepares an annual report each year describing which assessments are to be levied and files the report with the City Clerk; and
WHEREAS, the District Advisory Board is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code) at all times when matters within the subject matter of the District are heard, and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I of the Government Code), for all records relating to activities of the District; and
WHEREAS, the City Council wishes to update its appointed members to the BID Advisory Board; and
NOW, THEREFORE, BE IT RESOLVED that the following persons shall be appointed to the BID Advisory Board effective immediately with terms expiring on February 20, 2026:
Board Member Business Name Representation
Terrence Thornton San Rafael Martial Arts Non-retail business Adam Dawson Mike’s Bikes Retail business
Valon Grajqevci Tam Commons Non-retail business
Tobi Lessem Bodywise Massage Non-retail business
Jeff Brusati T&B Sports Retail business
Morgan Schauffler Youth in Arts Non-retail business
Jay Yinger Yinger Studios Non-retail business
Temple Schauble Metta Yoga Non-retail business
Katherine Erilla Modern + Avenida Retail business
Crystal Vargas ARTT Retail business
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7 th day of April 2025, by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
Agenda Item 4.c
Public Service Award 2025
Staff Report and Resolution to be published
on Tuesday, April 8, 2025.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.d
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: PUBLIC SERVICE AWARD SELECTION COMMITTEE CRITERIA SUBJECT: REPORT ON THE PUBLIC SERVICE AWARD SELECTION COMMITTEE AND
UPDATE ON CHANGES TO THE SELECTION GUIDELINES & CRITERIA
RECOMMENDATION: Staff recommend that the City Council accept the report.
BACKGROUND: In March 2001, J. Michael Mahoney established an endowment in honor of former Planning Commissioner Richard O’Brien and his wife, Mary Ferrario O’Brien. This endowment funds an annual Public Service Award to recognize an individual in the San Rafael community who has made exceptional contributions to improving the City as a place to live and work. In addition to public recognition, the award includes a cash prize for the recipient.
In September 2001, the City Council adopted formal procedures for the Public Service Award program (formerly the Citizen of the Year Award), including the establishment of a Selection Committee responsible for reviewing nominations from the public and recommending a recipient to the City Council. The committee consists of two City Council members: Vice Mayor Maribeth Bushey & Council member Eli Hill, two Planning Commissioners: Samina Saude & Jon Haveman, a member of the O’Brien family: Rick O’Brien, a representative from the San Rafael Chamber of Commerce: Karen Strolia, and neighborhood community representatives: Vickie Hatos.
ANALYSIS
On March 5, 2025, the Selection Committee convened to review the nomination process and Selection Criteria, making several updates to improve clarity and effectiveness.
Key modifications include:
• Committee Composition Update: The North San Rafael Coalition of Residents was removed as a participating entity, as the organization is no longer active. • Process Refinements: The option for a tied vote was eliminated to ensure a definitive cY
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
selection process.
• Selection Criteria Enhancements: Language in the criteria was refined to encourage responses that better reflect the qualities sought in award nominees. • Nomination Process Improvements: The questions on the nomination form were reworded to be less formal and more inviting, encouraging broader community participation. Additionally, Mary Ferrario O’Brien’s name was added to the submission form.
These updates aim to streamline the selection process, enhance engagement, and ensure that the award continues to highlight individuals who make meaningful contributions to the San Rafael community.
FISCAL IMPACT: There is no fiscal impact associated with this item.
RECOMMENDED ACTION:
Staff recommend that the City Council accept the report.
ATTACHMENTS:
1. Selection Committee Guidelines and Criteria (redlined) Richard P. O’Brien and Mary Ferrario O’Brien
Public Service Award
Selection Committee Guidelines & Criteria
Guidelines
1. The Selection Committee shall be composed of two City Councilmembers selected by the Mayor, two Planning Commissioners selected by the Planning Commission chair, Mary O’Brien or a designated family member, the President or designee of the San Rafael Chamber of Commerce, and a representative of the Federation of San Rafael Neighborhoods and a representative of the North San Rafael Coalition of Residents.
2. The Selection Committee shall hold at least one meeting to discuss the qualifications of the award nominees and to select an award winner.
3. Nominees must be current residents of San Rafael.
4. At the committee’s discretion, two outstanding residents may be selected to receive an award in the event of a “tie”, or the award may be given to a group representing a team accomplishment.
5. If a committee member or a family member of any committee member is nominated for an award, then that committee member must withdraw from the committee and that position must be replaced. A committee member may also not be a nominator for the award.
6. Deliberations of the committee are confidential and should not be discussed. This includes any announcement of the award winner, which should be announced by the Mayor.
7. Past recipients of the award are ineligible for future nomination.
8. Selection of the award winner shall be based on the following criteria:
a) The significance impact of the individual’s accomplishments, whether past or present; b) The quality, scale and duration of the benefits to the community resulting from the individual’s accomplishments;
c) The amount of time and energy, effort and creativity devoted to the community beyond the scope of normal person responsibilities;
d) The nature of the obstacles overcome to achieve their accomplishment; challenges faced and overcome by the individual; and
e) The extent of previous recognition received by the individual (e.g., the extent to which the nominee is an “unsung hero”).
SAN RAFAEL
THE CITY WITH A MISSION
Richard P. O’Brien Public Service Award
Nomination Form
Nominee:
Name:
Address:
Phone:
Nominator:
Name:
Address:
Phone:
Selection Criteria:
On an attached sheet, please answer as many of the questions below which apply to the candidate you are nominating. Since the committee may not know them personally, please share as many details as you can to highlight their contributions.Please provide as much information as possible to allow the selection committee to make the most informed decision possible. The selection committee may not know the person you are nominating, so please be descriptive in your answers.
1. What contributions has this individual made to the community that are beyond the scope of normal civic responsibilities?What actions or initiatives has this person led or participated in to support our community?
1. 2. What impact on the community did this individual’s activities make? How has this person made a difference?What lasting impact or positive change has resulted from their efforts?
2. 3. Discuss the time and energy this person has devoted to community projects or efforts.In what ways have they shown dedication, creativity, and passion in serving the community?
3. 4. Discuss the challenges met and overcome by this individual.What obstacles did this person experience on their path to achieving this accomplishment, and how did they push through?
4. 5. To what extent has this individual’s efforts been previously recognized by the community?Has this person been recognized for their efforts before? If so, how? Nominations must be returned to the City Clerk’s office and may be submitted in the following formats:
In Person Mail Email
Lindsay Lara
Room 209
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Lindsay Lara
Room 209
1400 Fifth Avenue
San Rafael, CA 94901
[email protected]
Questions may be directed to Lindsay Lara at (415) 485-3065. ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.e
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Alexis Captanian,
Housing Manager
City Manager Approval: ______________
TOPIC: DIVERSITY, EQUITY, INCLUSION, BELONGING, AND HOUSING CONSULTING
SERVICES AGREEMENT AMENDMENT
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT
WITH LIZ DARBY FOR DIVERSITY, EQUITY, INCLUSION, BELONGING, AND
HOUSING CONSULTING SERVICES, TO INCREASE THE CONTRACT AMOUNT BY $50,000, FOR A TOTAL NOT TO EXCEED $125,000.
RECOMMENDATION:
Staff recommend that the City Council adopt the resolution authorizing the City Manager to amend the Professional Services Agreement with Liz Darby for Diversity, Equity, Inclusion, Belonging, and Housing consulting services to increase the contract amount by $50,000, for a total not to exceed $125,000.
BACKGROUND:
The City entered into a Professional Services Agreement with Liz Darby for diversity, equity, inclusion, and belonging (DEIB) and housing consulting services for a six-month term from July 1, 2024, to December 31, 2024, in an amount not to exceed $50,000.
One of the consultant’s key deliverables, a series of tenant workshops, is scheduled to conclude in Spring 2025. Due to the continued need for services, City staff entered a first amendment with Liz Darby on December 10, 2024, extending the agreement by six (6) months, through June 30, 2025, and including additional compensation in a not-to-exceed amount of $25,000, changing the total not-to-exceed amount under the agreement to $75,000.
In addition to the work relating to the implementation of the City’s Housing Element including the tenant protection program and policy assessment, the consultant continues to support the advancement of the City’s DEIB initiatives as stated in the fiscal year 2023-25 City Council’s Goals and Objectives. The consultant provides training for City staff, supports inclusive resident engagement efforts and provides assistance to the City’s DEIB Committee which guides the City’s internally facing equity initiatives. This includes projects that support the implementation of recommendations related to the BCT Audit for Human Resources. No additional funding is requested for FY 2024-25 to support DEIB related work at this time.
' •
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The proposed second amendment (Attachment 2) provides additional funding to continue Housing Element implementation, including Program 5: Public Information and Engagement, Program 8: Latinx Community Capacity Building and Engagement, and Program 11: Tenant Protection Measures. This increase is partly in response to staffing vacancies during Fiscal Year (FY) 2024-25 that necessitated additional consultant support.
The contract amendment will increase the total contract amount by $50,000, bringing the total amount not to exceed $125,000.
ANALYSIS:
Staff recommend that the City Council approve the increase in the professional services agreement with Liz Darby for DEIB and Housing Consulting Services. An additional $50,000 will provide the City with the resources needed for its DEIB and Housing efforts through FY 2024-25. Funding in FY 2025-26 will be included in the recommended budget.
The services covered by this agreement include:
1. Tenant Protection Workshops
2. Housing Element Implementation Support
3. DEIB Employee Engagement and Training
FISCAL IMPACT:
The total contract amount for this amendment will increase by $50,000, bringing the total to $125,000.
Funding to cover the increased contract amount is provided through existing appropriations within the Community and Economic Development Department, Housing Division – Contract Services budget for FY 2024-25.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve the amendment to the Professional Services Agreement with Liz Darby for DEIB and Housing Consulting Services, increasing the contract amount by $50,000 for a total not to exceed $125,000.
2. Decline to approve the amendment and provide further direction to staff on how to proceed.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt the resolution authorizing the City Manager to amend the Professional Services Agreement with Liz Darby for Diversity, Equity, Inclusion, Belonging, and Housing consulting services to increase the contract amount by $50,000, for a total not to exceed $125,000.
ATTACHMENTS:
1. Resolution
2. Second Amendment to the Professional Services Agreement with Liz Darby, for DEIB and Housing Consulting Services
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH LIZ DARBY FOR DIVERSITY, EQUITY, INCLUSION,
BELONGING, AND HOUSING CONSULTING SERVICES, TO INCREASE THE CONTRACT AMOUNT BY $50,000, FOR A TOTAL NOT TO EXCEED $125,000 WHEREAS, On October 12, 2024, the City entered into a Professional Services Agreement with Liz Darby, for diversity, equity, inclusion, belonging (DEIB) and housing consulting services for an amount not to exceed $50,000, through December 31, 2024; and
WHEREAS, due to the continued need for services, City staff entered into the first amendment with Liz Darby on December 10, 2024, to include additional compensation in a not-to-exceed amount of $25,000, changing the total not-to-exceed amount under the agreement to $75,000, and extending the agreement by six (6) months, through June 30, 2025; and
WHEREAS, to address the continued need for DEIB and Housing related services, it is necessary to amend the agreement by increasing the contract amount by $50,000, resulting in a total not to exceed $125,000; and
WHEREAS, funding to cover the increased contract amount is provided through existing appropriations within the Community and Economic Development Department, Housing Division – Contract Services budget for Fiscal Year 2024-25; and WHEREAS, the proposed amendment will provide the City with the additional resources needed to ensure a robust service offering for its DEIB and Housing efforts for FY 2024-25, including but not limited to Tenant Protection Workshops, Housing Element implementation, DEIB employee engagement and training.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to amend the Professional Services Agreement with Liz Darby, for DEIB and Housing Consulting Services, increasing the contract amount by $50,000, for a total not to exceed $125,000.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
1 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
LIZ DARBY FOR DEIB AND HOUSING CONSULTING SERVICES
THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and LIZ DARBY (hereinafter “CONSULTANT”), is made and entered into as of ______________________.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated October 12, 2024 to perform professional services in connection with CITY’S DEIB and Tenant Protection Workshops, for an amount not to exceed $50,000 (the “Agreement”); and
WHEREAS, the CITY and CONSULTANT executed a First Amendment to the Professional Services Agreement, dated December 10, 2024, changing the total not to exceed amount under the Agreement to $75,000; and
WHEREAS, the CITY and CONSULTANT wish to amend the Agreement to modify the total compensation payable to CONSULTANT so as to authorize CONSULTANT to provide additional housing consulting services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Article 2 of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT, at $130 per hour for labor, in a not-to-exceed amount of $50,000, and to change the total not-to-exceed amount under the Agreement to $125,000.
3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written.
2 CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Contractor is a corporation, add signature of
second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ROBERT F. EPSTEIN, City Attorney
City of San Rafael
Proclamation in Recognition of
CELEBRATE DIVERSITY MONTH
April 1 - 30, 2025
WHEREAS, in 2004, Celebrate Diversity Month was initiated in the month of April to recognize and honor the myriad ways in which our community is enriched by differences that are both visible and invisible; and
WHEREAS, Celebrate Diversity Month has evolved to include the celebration of all forms of diversity—including, but not limited to, race, ethnicity, gender identity, sexual orientation, age, religion, physical and mental ability, socioeconomic status, language, cultural heritage, national origin, and other attributes that contribute to our unique community fabric; and
WHEREAS, our individual differences foster creativity, innovation, and empathy, enabling deeper engagement and mutual respect among community members; and WHEREAS, recognizing and embracing these diverse perspectives is essential for breaking down stereotypes, reducing prejudice and discrimination, and promoting social cohesion; and
WHEREAS, the City of San Rafael has made inclusivity a Citywide priority by striving to build a workforce and community environment that reflects the full spectrum of our society’s richness; and
WHEREAS, by celebrating diversity, we not only honor the unique contributions of each person but also create opportunities for learning, dialogue, and collaboration that strengthen our entire community; and
WHEREAS, the City’s mission to enhance quality of life and foster a safe, healthy, prosperous, and livable environment depends on recognizing, celebrating, and learning from the diverse qualities that each community member brings to our shared experience.
THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael, with a firm belief in the power of diversity to benefit all aspects of our lives, hereby proclaim April 1-30, 2025, as Celebrate Diversity Month. The City encourages all residents and community members to use this month as an opportunity to embrace every dimension of diversity, celebrate our unique differences, and work together to create a more inclusive, understanding, and unified community. _____________
Kate Colin
Mayor
5 ,,
SAN RAFAEL
established 1874
City of San Rafael
Proclamation in Recognition of
NATIONAL ARAB AMERICAN HERITAGE MONTH (NAAHM)
April 1 - 30, 2025
WHEREAS, in the nineteenth century, Arab individuals, families, and communities began a notable migration to the United States, from counties in the Middle East and North Africa, including Lebanon, Syria, Jordan, Palestine, Egypt, Morocco, Iraq, Yemen, Tunisia, Algeria, the Gulf countries, and Libya, with approximately 200,000 Arabs living in the United States by 1924; and WHEREAS, these early Arab immigrants brought with them resilient family values, a strong work ethic, a dedication to education, and a rich diversity of faiths and creeds, making valuable contributions to virtually every aspect of society in America —including medicine, law, business, education, technology, and government— which have strengthened our democracy; and
WHEREAS, with approximately 3.7 million Arabs and Arab Americans currently living in the United States, with more than 533,000 Arabs and Arab Americans residing in California alone, the community is as diverse as its origins, each group contributing its own rich histories, cultural traditions, and perspectives that enhance our collective social fabric; and
WHEREAS, Arab individuals and communities continue to endure the challenges of ongoing conflicts in the Middle East, as well as prejudice, hostility, bigotry, and persecution based on religious beliefs, dress, and cultural practices, and the City of San Rafael unequivocally condemns such actions while urging its residents to embrace, learn from, share with, and celebrate the varied uniqueness of the Arab community; and
WHEREAS, April is recognized as National Arab American Heritage Month, we take time to honor Arab Americans in our community, state, and nation, and Arabs abroad as part of the world diaspora, and recognize their role in the development of America and the continued influence Arab Americans have in all aspects of life; and
WHEREAS, National Arab American Heritage Month provides a platform for learning about and celebrating the cultural, artistic, historical, and social achievements of Arab Americans, reinforcing the understanding that their diverse narratives and contributions are integral to the past, present, and future of our nation.; THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael, encourage all community members to engage with opportunities to learn about and support our Arab American neighbors, friends, and businesses, and to celebrate the achievements and contributions from the Arab community, and to encourage each of us to commit to supporting religious and cultural freedoms. _________
Kate Colin
Mayor
~~
~ ~
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SAN RAFAEL
atal>lulttdJ874
City of San Rafael
Proclamation in Recognition of
NATIONAL LIBRARY WEEK
April 6 - 12, 2025
WHEREAS, in today’s digitally connected world, libraries offer welcoming, accessible spaces where individuals can connect, learn, and play; and WHEREAS, libraries spark creativity, fuel imagination, and inspire lifelong learning through digital content, emerging technologies, arts, educational and cultural programs, and books; and
WHEREAS, as vibrant community hubs, libraries foster civic engagement, critical thinking, and equitable access to information for all; and
WHEREAS, libraries empower individuals of all ages—from children in story times to adults advancing their careers—by offering resources, training, and opportunities for personal and professional growth; and WHEREAS, through partnerships with schools, local businesses, cultural institutions, and community organizations, libraries maximize resources, strengthen communities, and connect people with knowledge, technology, and support; and
WHEREAS, libraries champion intellectual freedom, safeguarding the right to read, think, and explore without censorship, while fostering discovery, collaboration, and creativity; and
WHEREAS, dedicated library staff create welcoming, inclusive spaces that inspire exploration and a love of learning; and
WHEREAS, libraries, librarians, and library workers nationwide are celebrating National Library Week, encouraging everyone to engage with their libraries and recognize their role in building stronger, more connected communities.
NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, hereby proclaim April 6 through 12, 2025 as National Library Week. I encourage all residents to connect with their library this week by visiting any of the San Rafael libraries, either online or in person, to explore resources, access services, and participate in events and programs.
Kate Colin
Mayor establUhed 1874
City of San Rafael
Proclamation in Recognition of
WEEK OF THE YOUNG CHILD
April 5-11, 2025
WHEREAS, children’s cognitive, physical, social and emotional, and language and literacy development is built on a foundation of children’s positive interactions with adults, peers, and their environment; and
WHEREAS, childcare is an essential service that parents rely on so they can work, attend school or participate in training, knowing their children are well cared for in a stable, nurturing and thriving environment; and
WHEREAS, access to high quality childcare is critical for all young children and families, closes the gap of school readiness, and leads to positive outcomes for all children; and WHEREAS, high–quality early childhood education promotes the intellectual, emotional, and physical development of children, which prepares them to be responsible and contributing members of our society; and
WHEREAS, public policies and programs which support early learning for all young children are crucial to their futures, and those who contribute significantly to the lives of young children in our community deserve our recognition and gratitude; and WHEREAS, the City of San Rafael encourages all community members during this week and throughout the month of April to celebrate our youngest learners by recognizing and supporting the needs of young children in our community.
NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, do hereby proclaim April 5-11, 2025, as the Week of the Young Child.
Kate Colin
Mayor
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FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.g
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC:
SUBJECT:
SECOND AMENDMENT TO THE WORKERS’ COMPENSATION CLAIMS
ADMINISTRATION PROFESSIONAL SERVICES AGREEMENT
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LWP CLAIMS SOLUTIONS, INC, FOR WORKERS’ COMPENSATION CLAIMS
ADMINISTRATION SERVICES INCREASING THE TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT TO $1,745,311, SUBJECT TO
APPROPRIATION, AND EXTENDING THE TERM DATE JUNE 30, 2026 RECOMMENDATION:
Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the Professional Services Agreement with LWP Claims Solutions, Inc. for workers’ compensation claims administration services, increasing the total not to exceed amount under the Agreement to $1,745,311, subject to appropriation which will be proposed in the FY 2025-26 budget, and extending the term date June 30, 2026.
BACKGROUND:
At the April 2, 2018, City Council meeting, the Council authorized the City Manager to enter into a Professional Services Agreement with LWP Claims Solutions, Inc. (LWP), effective May 1, 2018, to provide workers’ compensation claims administration services for the City. The City entered into a threeyear agreement with LWP. At that time, LWP provided pricing options to continue into the fourth year and a fifth year, and after working with LWP and finding their services satisfactory, the City decided to remain in the contract for the fourth and fifth years, for a total not to exceed amount of $904,089.
On May 1, 2023, the City entered into a First Amendment to extend the agreement term by three years (May 1, 2023 – April 30, 2026) and increase the agreement to add $586,826, increasing the total not to exceed amount under the Agreement to $1,490,915.
ANALYSIS:
The City desires to provide employees who are in the workers’ compensation process with continuity of service as there are ongoing claims handled by LWP. In addition, utilizing LWP as a third-party ' •
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administrator (TPA) aids the City in ensuring efficient claims management, cost control, and compliance with regulatory requirements. LWP brings specialized expertise in handling workers’ compensation claims, reducing the administrative workload on City staff, and ensuring that injured employees receive timely and appropriate benefits. By leveraging the experience of LWP, the City can minimize fraudulent claims, expedite return-to-work programs, and manage medical costs effectively. Additionally, LWP’s online portal allows Human Resources and Risk Management to access advanced data analytics and reporting tools that help track claims, identify trends, implement safety measures, and improve workplace conditions, reducing future claims and liabilities. As a measure of best practice, the City will conduct a Request for Prospal process in FY 2025-26, to assess other TPAs who handle Workers’ Compensation administration.
In consideration of aligning the professional services agreement timeline to the fiscal year and above mentioned cost increases, staff recommends executing a Second Amendment to add $254,396 to the agreement (Attachment 2) and adjusting the term, extending it to June 30, 2026, for a total not to exceed of $1,745,311.
FISCAL IMPACT:
The staff recommendation would authorize expenditure of $254,396 for third party workers’ compensation administrative services through June 30, 2026. Funding to cover the extension and additional fees will be covered by appropriations in the Non-Departmental FY 2025-26 budget, and through the Workers’ Compensation Fund (Fund 606) for FY 2025-26.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the Second Amendment to the Professional Services Agreement as recommended.
2. Do not authorize the City Manager to enter into the Second Amendment to the Professional Services Agreement and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the Professional Services Agreement with LWP Claims Solutions, Inc. for workers’ compensation claims administration services increasing the total not to exceed amount under the Agreement to $1,745,311, subject to appropriation which will be proposed in the FY 2025-26 budget, and extending the term date June 30, 2026.
ATTACHMENTS:
1. Resolution to Approve the Second Amendment to the Professional Services Agreement with LWP Claims Solutions, Inc., for Workers’ Compensation Claims Administration
2. Second Amendment to the Claims Administration Agreement with LWP Claims Solutions, Inc. For Workers’ Compensation Claims Administration Services
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LWP CLAIMS SOLUTIONS, INC, FOR WORKERS’ COMPENSATION CLAIMS
ADMINISTRATION SERVICES, INCREASING THE TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT TO $1,745,311, SUBJECT TO
APPROPRIATION, AND EXTENDING THE TERM DATE JUNE 30, 2026 WHEREAS, on April 2, 2018, the City Council authorized the City Manager to enter into a Professional Services Agreement with LWP Claims Solutions, Inc., to provide workers' compensation claims administration services, effective May 1, 2018, with a total not to exceed amount of $904,089 for a five-year term; and WHEREAS, on May 1, 2023, an informal First Amendment to the Agreement was entered into to extend the term of the Agreement through April 30, 2026, and to increase the not to exceed amount under the Agreement to $1,490,915; and WHEREAS, it has been determined that an additional extension of the Agreement term through June 30, 2026, is necessary to align the professional services agreement with the City’s fiscal year, and to ensure continuity of services for ongoing workers' compensation claims; and
WHEREAS, staff recommends executing a Second Amendment to add $254,396 to the agreement and adjusting the term, extending it to June 30, 2026, and increasing the total not to exceed under the Agreement to $1,745,311; and WHEREAS, staff recommends authorizing the expenditure of $254,396 for third party workers’ compensation administrative services through June 30, 2026; and WHEREAS, funding to cover the extension and additional fees will be covered by appropriations in the Non-Departmental FY 2025-26 budget, and through the Workers’ Compensation Fund (Fund 606) for FY 2025-26; and
WHEREAS, the City desires to maintain continuity of service for workers’ compensation claims, ensuring efficient claims management, cost control, and compliance with regulatory requirements, and to support City staff in managing these claims effectively.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds that the foregoing recitals are true and correct and authorizes the City Manager to execute the second amendment to the Professional Services Agreement with LPW Claims Solutions, Inc., increasing the total not to exceed amount under the Agreement to $1,745,311, subject to appropriation, and extending the term date June 30, 2026.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
1 SECOND AMENDMENT TO THE CLAIMS ADMINISTRATION AGREEMENT WITH LWP CLAIMS SOLUTIONS, INC. FOR WORKERS’ COMPENSATION CLAIMS
ADMINISTRATION SERVICES
THIS SECOND AMENDMENT to the Claims Administration Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and LWP CLAIMS SOLUTIONS, INC. (hereinafter “CONSULTANT”), is made and entered into as of ______________________.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Claims Administration Agreement dated May 1, 2018, to perform professional services in connection with CITY’S workers’ compensation claims administration, for an amount not to exceed $904,089 (the “Agreement”); and
WHEREAS, the CITY and CONSULTANT informally entered into a First Amendment to the Agreement dated May 1, 2023, to extend the Agreement term by three years, for an amount not to exceed $586,826 and increasing the total not to exceed under the Agreement to $1,490,915; and
WHEREAS, under the terms of the Agreement, the Term of the Agreement is to expire on April 30, 2026; however CITY and CONSULTANT, agreed informally that the Term of the Agreement would be extended, and now wish to ratify and memorialize that extension; and
WHEREAS, the CITY and CONSULTANT wish to amend the Agreement to modify the total compensation payable to CONSULTANT so as to authorize CONSULTANT to continue providing worker’s compensation claims administration services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. The First Amendment to the Agreement is hereby ratified.
2. Article I of the Agreement, entitled “TERM”, is hereby amended, to extend the Agreement term by two (2) months, through June 30, 2026. 2 3. Article VIII of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT in an amount of $33,570 for the annual fee, and in a not to exceed amount of $54,600 for additional services described in Exhibit A to this Second Amendment, on a basis in accordance with the Exhibit A, changing the total not-to-exceed amount under the agreement to $1,745,311, subject to funds being appropriated in the Fiscal Year 2025-26 budget.
3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written.
CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Consultant is a corporation, add
signature of second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM:
Name:____________________________
Title:_____________________________
______________________________
ANDREA VISVESHWARA,
Chief Assistant City Attorney
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.h
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: Library & Recreation Department
Prepared by: Daniel Avalos,
Assistant Library & Recreation
Director
City Manager Approval: ___________
TOPIC: SAN RAFAEL PUBLIC LIBRARY BOOK PURCHASE
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE PURCHASE ORDER WITH BAKER & TAYLOR (EXEMPT FROM BIDDING) TO INCREASE THE PURCHASE AMOUNT OF $123,000 RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the purchase order with Baker & Taylor (exempt from bidding) to increase the total purchase amount of $123,000.
BACKGROUND:
The San Rafael Public Library (SRPL) is a division of the Library and Recreation Department and operates three branches: Downtown, Pickleweed, and Northgate. SRPL is part of the MARINet (Marin Automated Resources and Information Network) Consortium, which includes seven public and two academic libraries. Member libraries share a catalog, physical collections, and select digital resources.
SRPL serves the 60,000 residents of San Rafael as well as library users throughout Marin County.
Currently, there are approximately 36,000 SRPL cardholders. A library card from any MARINet member library grants access to all consortium libraries. With some exceptions, patrons can borrow materials from one member library and return them to another.
SRPL’s physical collection is one of the core services offered to the community. As of Fiscal Year (FY) 2023-24, the collection included more than 93,800 physical items, such as books, audiovisual materials, and periodicals in English and Spanish. SRPL has consistently expanded its collection, adding an average of 8,500 items annually. Currently, the collection includes 59,567 adult books, 31,465 children's books, and 2,768 teen books. During the last fiscal year, the total circulation of physical items reached 295,986, with 56,221 item requests (holds) fulfilled. SRPL also recorded 183,067 in-person visits and 122,109 virtual visits to the Library’s website.
The City executed a purchase order at the beginning of the fiscal year for $74,000 to purchase books from Baker & Taylor. As staff prepare to re-open the Downtown Carnegie Library after renovation, there ' •
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is a need to increase the purchase order amount to ensure that the Library’s book collection is current and incorporates new and in-demand titles that meet the diverse needs and interests of the community.
ANALYSIS:
Procuring library books and other collection materials requires working with specialty vendors that can pre-process materials so they are shelf-ready and can be quickly uploaded into the Library’s online catalog. The vendors must adhere to the Library’s specific cataloging standards, which include incorporating detailed metadata consistent with the Library’s classification methods, required database fields, and appropriate labeling protocols for shelf identification. Utilizing vendors that can provide this level of service saves significant staff time and allows library staff to focus on higher-impact work.
There are three to four vendors nationally that specialize in selling library collection materials with these specific, tailored services. Given the level of tailored service required to meet libraries’ cataloging and processing standards, vendors typically require libraries to purchase a minimum quantity of materials annually. For a library the size of San Rafael’s, it is standard to primarily purchase from one vendor. Staff currently purchase books primarily from Baker & Taylor, who adequately meet the Library’s needs at a reasonable cost. The Library purchases alternative format collections (audiobooks, DVDs, video games, etc.) from other specialty vendors.
The San Rafael Municipal Code Section 2.55.100 allows for supplies and materials that are specialty in nature to be purchased through a sole source procurement process. Staff are proposing to utilize the sole source provision of the San Rafael Municipal Code for this purchase.
FISCAL IMPACT:
The book purchase will be funded from Measure D and the General Fund Books budget. Sufficient appropriations to cover this purchase are included in the Library’s approved FY 2024-25 budget ($20,000 from General Fund Books and Publications 001-51-11001-9362 and $29,000 from Measure D Books and Publications 215-51-11001-9362).
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution.
2. Adopt the resolution with modifications.
3. Do not adopt the resolution.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the purchase order with Baker & Taylor (exempt from bidding) for the purchase of books to increase the purchase order amount to $123,000.
ATTACHMENTS:
1. Resolution
RESOLUTION NO. ______
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PURCHASE ORDER WITH
BAKER & TAYLOR (EXEMPT FROM BIDDING) FOR THE PURCHASE OF BOOKS IN AN AMOUNT NOT TO EXCEED $49,000, FOR A REVISED PURCHASE AMOUNT OF $123,000
WHEREAS, the book collection is one of the core services offered to the community by the San Rafael Public Library; and
WHEREAS, the City desires to maintain a library collection that is current, diverse, and responsive to community needs and interests; and
WHEREAS, library collections require continual purchasing and weeding to ensure that they are relevant, well maintained, and meet community needs; and WHEREAS, procuring library books and other collection materials requires working with specialty vendors that are able to pre-process materials so they are shelfready and can be quickly uploaded into the library’s online catalogue; and WHEREAS, the City currently purchases books primarily from Baker & Taylor, who adequately met the library’s needs at a reasonable cost; and WHEREAS, the San Rafael Municipal Code Section 2.55.100 allows for supplies and materials that are specialty in nature to be purchased through a sole source procurement process; and
WHEREAS, sufficient funding for the purchase of books was included in the Library’s FY 2024-25 General Fund and Measure D Books budget (001-51-11001-9362 and 215-51-11001-9362).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby finds the foregoing recitals to be true and correct and authorizes the City Manager to execute a first amendment to the purchase order with Baker & Taylor for the purchase of books in an amount not to exceed $49,000, for a revised total purchase amount of $123,000.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 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.i
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: SPECIAL EVENT STREET CLOSURES IN SAN RAFAEL
SUBJECT: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF STREETS IN SAN
RAFAEL FOR SPECIAL EVENTS
RECOMMENDATION:
Staff recommend that the City Council adopt a resolution authorizing the temporary closure of streets in San Rafael for special events.
BACKGROUND:
California Vehicle Code section 21101(e) authorizes the City to adopt a resolution temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes. The San Rafael Police Department has received special event applications for four events which would require street closure and parking restrictions.
The applicants have submitted special event applications which include but are not limited to insurance indemnifying the City from liability associated with the event, a street closure diagram, and detailed information regarding operation and logistics. If approval is granted for the stated street closure, City staff will finalize the application and authorize the closures.
ANALYSIS:
The special event street closure details are as follows:
Event: WildCare Groundbreaking Event
Date(s): May 3, 2025 (Saturday)
Closure
Location(s): Albert Park Lane (B Street to Lindaro Street) ..
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Event Time: 10:00 a.m. – 2:00 p.m.
Closure Time: 8:30 a.m. – 3:00 p.m.
Event: 35th Annual May Madness Car Show & Parade
Date(s): May 10, 2025 (Saturday)
Closure
Location(s): Fourth Street: D Street to Lincoln Avenue
A Street: Third Street to Fifth Avenue*
B Street: Third Street to Fifth Avenue*
C Street: Third Street to Fifth Avenue*
Lootens Place: Commercial Place to 935 Lootens Place
Julia Street: B Street to A Street
Cijos Street: North of Commercial Place to Fourth Street *Partial block closures allow access to mid-block for local traffic and access to parking garages
Parade Closure: Fourth Street: H Street to Lincoln Avenue with approximate 1-hour temporary closure
Event Time: 12:00 p.m. – 6:00 p.m.
Closure Time: 8:00 a.m. – 8:00 p.m.
Event: Youth in Arts Community Festival of Creativity
Date(s): May 17, 2025 (Saturday)
Closure
Location(s): C Street: Third Street to Fourth Street
Event Time: 11:00 a.m. – 4:00 p.m.
Closure Time: 7:30 a.m. – 5:30 p.m.
Event: San Rafael Porchfest
Date(s): September 21, 2025 (Sunday)
Closure
Location(s): Bayview Street: D Street to Clark Street
San Rafael Avenue: D Street to Clark Street
Marin Street: San Rafael Avenue to Ross Street
Clorinda Street: Clark Street to Marin Street
Event Time: 12:00 PM – 5:00 PM
Closure Time: 9:00 AM – 6:00 PM
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Specific street closure times are subject to change and will be determined by City staff as needed for the safety of the event.
COMMUNITY OUTREACH:
The public will be notified of the street closures through a variety of outlets, such as public service messages, event posters, email, electronic signage, and official City of San Rafael social media accounts.
FISCAL IMPACT:
The costs and fees associated with the Police Department, Department of Public Works, and Parking Services will be assessed and reimbursed by event applicants. If an applicant requests a fee reduction or waiver, City staff will evaluate the fiscal impact on each department, considering past practices and the City’s support for community events. Additionally, City staff are in the process of developing a formal application process for fee reductions and waivers for future events.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution authorizing the specified special event temporary street closure.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt a resolution authorizing the temporary closure of streets in San Rafael for special events.
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF STREETS IN SAN RAFAEL FOR
SPECIAL EVENTS
WHEREAS, the San Rafael City Council has determined that it is in the best interests of the public health and safety to implement a modified Traffic Plan and Road Closure for four special events in San Rafael; and
WHEREAS, after reviewing plans for the events and the traffic patterns, City staff has determined and recommended that, in the interest of the safety and welfare of pedestrian and auto traffic in the downtown area, the streets should be temporarily closed to through traffic for the dates and locations as specified in the Staff Report; and
WHEREAS, the specific time periods for the temporary closures described in the Staff Report shall be as determined by the City staff in consultation with the Police Department, and staff shall give timely notice to the public of those time periods by signage and/or other appropriate means.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES:
1. That all the above findings are true and correct; and
2. That pursuant to the authority of Vehicle Code section 21101(e), for the safety and protection of persons, both pedestrians and vehicle drivers, the City Council hereby authorizes the temporary closure of the listed street for the locations and date described in the Staff Report accompanying this Resolution.
I, Lindsay Lara, City 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 held on the 7th day of April 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.j
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works & Library and Recreation
Prepared by: Andrew Powell, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: DOWNTOWN LIBRARY RENOVATION PROJECT
SUBJECT: RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE:
1) A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM
ARCHITECTS FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE DOWNTOWN LIBRARY MODERNIZATION PROJECT, IN THE ADDITIONAL AMOUNT NOT TO EXCEED $47,640, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT UNDER THE AGREEMENT TO $439,371, AND EXTEND THE CONTRACT BY THREE MONTHS; AND 2) A SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT WITH UNGER CONSTRUCTION, CO. IN AN ADDITIONAL AMOUNT OF $100,000, FOR A TOTAL OF $2,200,000 FOR THE PROJECT, APPROPRIATING $100,000 FROM AVAILABLE LIBRARY SPECIAL ASSESSMENT FUND BALANCE (FUND 215) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO TAKE RELATED ACTION.
RECOMMENDATION:
Staff recommend that the City Council adopt resolutions:
1) Authorizing the City Manager to execute the second amendment to the Professional Services Agreement with Noll & Tam Architects for construction administration services in an additional amount of $47,640, increasing the total not-to-exceed amount of the agreement to $439,371, and extending the term of the contract by an additional three months; and 2) Authorizing the City Manager to execute the second amendment to the construction contract amount with Unger Construction Co. in an additional amount of $100,000, for a total of $2,200,000 for the project, and authorizing a supplemental budget appropriation of $100,000 from available Library Special Assessment Fund (formerly Measure C - Fund 215) fund balance to support this contract amendment.
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BACKGROUND:
The Downtown Library Modernization Project seeks to address a selection of critical infrastructure, accessibility, and life-safety upgrades identified in the 2019 Existing Facilities Report, as well as some design improvements to create a more open, flexible environment that better meets the library’s operational needs. This project does not increase the square footage of the building and does not address the long-term need for additional library space, as identified in the 2019 Library Facility Planning Study.
The City has secured $3,000,000 in funding for this project, which includes $2,000,000 in California State Library grants and $1,000,000 in memorial funds donated to the City to improve library facilities.
On January 17, 2023, the City entered into a Professional Servies Agreement with Noll & Tam Architects for the Preliminary Design portion of the project, for an amount not to exceed $67,905. On September 18, 2023, City Council awarded a first amendment to the professional services agreement to Noll & Tam Architects for architectural, engineering, and interior design services in the amount not to exceed $391,731.
On September 16, 2024, the City entered into a Construction Agreement with Unger Construction Co. for the construction of the Downtown Library Renovation project, for an amount of $1,825,000, and authorized the City Manager to amend the contract amount using contingency funds of $275,000, for a total of $2,100,000 for the project.
ANALYSIS:
Professional Services Agreement (Second Amendment) for Construction Administration Services As the Downtown Library Modernization Project progresses through construction, staff recommend the City Council approve the proposed second amendment with Noll & Tam Architects for construction administration services. The first amendment with Noll & Tam Architects included construction administration services. This second amendment, totaling $47,640, extends the construction administration services term by an additional three months to reach the end of the construction schedule.
An additional three months were added to the construction schedule due to extensive hazardous material testing and existing site condition analysis during the preconstruction phase of the project. Noll & Tam Architects construction administration services were retained through the duration of the preconstruction activities. This second amendment (Attachment 3) would increase the Noll & Tam Architects not-toexceed contract to a total of $439,371.
Construction Contract Amendment
As the Downtown Library Modernization Project progresses through construction, staff recommend the City Council authorize the City Manager to amend the construction contract amount using contingency funds, in an additional amount of $100,000. This increase in contingency funds would increase the total project contingency to $375,000 for a project total of $2,200,000. In coordination with the project construction management consultant, City staff have determined the need for additional contingency funds to address critical items uncovered during the construction process. Items include numerous unforeseen existing conditions such as degraded structural framing elements, non-compliant electrical infrastructure, and obstructive plumbing and mechanical components all of which require modification or replacement. Utilizing additional contingency funds would position City staff to capably address anticipated impactful items including modifications to the main stairway structural components and updating select existing hardware to accommodate new accessible hardware.
FISCAL IMPACT:
The recommendation in this staff report would result in committing costs totaling $147,640. This includes $47,640 for construction administration services and $100,000 for construction. Sufficient funding for the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
second amendment to the Noll & Tam agreement for construction administration services is included in the adopted fiscal year 2024-25 Capital Improvement Program budget through existing appropriations within the Library Fund (214) – Downtown Library Modernization Project.
Staff proposes funding the construction contract amendment by appropriating a total of $100,000 in Library Special Assessment Fund (formerly Measure C) Capital Set Aside funds (Fund 215). This would be an additional appropriation from available (formerly Measure C) Capital Set Aside fund balance to augment the Downtown Library Modernization Project budget. The former Measure C-Capital Set Aside fund was established to fund necessary facility improvements to the San Rafael Public Libraries, such as the proposed Downtown Library Modernization Project. Appropriating $100,000 for this purpose would utilize the remaining balance in the fund.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into a second amendment to the Professional Services Agreement with Noll & Tam Architects and amend the construction contract amount with Unger Construction, Co. as presented.
2. Do not accept the proposal from Noll & Tam Architects and construction contract amendment and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt resolutions:
1) Authorizing the City Manager to execute the second amendment to the Professional Services Agreement with Noll & Tam Architects for construction administration services in an additional amount of $47,640, increasing the total not-to-exceed amount of the agreement to $439,371, and extending the term of the contract by an additional three months; and 3) Authorizing the City Manager to execute the second amendment to the construction contract amount with Unger Construction Co. in an additional amount of $100,000, for a total of $2,200,000 for the project, and authorizing a supplemental budget appropriation of $100,000 from available Library Special Assessment Fund (formerly Measure C - Fund 215) fund balance to support this contract amendment.
ATTACHMENTS:
1. Resolution – Construction Contract Amendment
2. Resolution – Second Amendment to Professional Services Agreement with Noll & Tam Architects.
3. Second Amendment to Professional Services Agreement with Noll & Tam Architects.
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT WITH UNGER CONSTRUCTION, CO. IN AN ADDITIONAL AMOUNT OF $100,000, FOR A TOTAL OF $2,200,000 FOR THE PROJECT, APPROPRIATING $100,000 FROM AVAILABLE LIBRARY SPECIAL ASSESSMENT FUND BALANCE (FUND 215) AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO TAKE RELATED ACTION
WHEREAS, the City of San Rafael entered into a Construction Contract Agreement dated September 26, 2024, with Unger Construction, Co. (“Unger”), for construction of the Downtown Library Modernization Project, (the “Project”) in an amount not-to-exceed $1,825,000; and
WHEREAS, under the City Council’s delegated authority from the award of the contract, the City Manager entered into a first amendment to the Construction Contract Agreement using contingency funds in an amount of $275,000, for a total of $2,100,000 for the project; and WHEREAS, the City of San Rafael requires additional construction funds in an amount of $100,000 to deliver the construction phase of the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The City Manager is hereby authorized to amend the Construction Contract Agreement with Unger Construction, Co. in the amount of $100,000 for a total contract amount of $2,200,000, in a form approved by the City Attorney.
2. A supplemental budget appropriation of $100,000 from available Library Special Assessment Fund (formerly Measure C - Fund 215) fund balance is authorized to support this contract amendment.
3. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM ARCHITECTS. FOR ADDITIONAL
CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE DOWNTOWN
LIBRARY MODERNIZATION PROJECT, IN THE ADDITIONAL AMOUNT NOT TO EXCEED $47,640, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT UNDER THE AGREEMENT TO $439,371, AND EXTEND THE CONTRACT BY THREE MONTHS
WHEREAS, the City of San Rafael entered into a Professional Services Agreement dated January 17, 2023, with Noll & Tam Architects (“Noll & Tam”), for preliminary architectural, engineering and interior design services associated with the Downtown Library Modernization Project, (the “Project”) in an amount not-to-exceed $67,905; and WHEREAS, the City executed a first amendment dated November 1, 2023, for architectural, engineering and interior design services required to prepare construction plans/specifications as well as provide construction administration and close-out services for the Project in an amount not-to-exceed $323,826; and
WHEREAS, the City of San Rafael requires additional construction administration services from Noll & Tam to deliver the construction phase of the Project; and WHEREAS, staff received a proposal from Noll & Tam for said services in a total amount not to exceed $47,640; and
WHEREAS, staff has reviewed the proposal and found it to be complete and within industry standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The City Manager is hereby authorized to execute a Second Amendment to the Professional Services Agreement with Noll & Tam for additional construction administration services in the amount of $47,640 for a total contract amount of $439,371, in a form approved by the City Attorney.
2. Funds totaling $47,640 shall be authorized for the contract with Noll & Tam Architects for project (Project No. 11439) from the Library Fund (214).
3. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
v. Feb 2025 Page 1
AMENDMENT TO CONTRACT
BY AND BETWEEN
THE CITY OF SAN RAFAEL AND ________________________________ FOR ________________________________________________________ Original Contract Execution Date: ________________
Amendment No. ___
THE ABOVE-NAMED CONTRACT is hereby amended by the parties as set forth herein and is effective on _____________________.
1. SCOPE OF SERVICES: Contractor shall perform the additional or amended services as described in Exhibit A-___.
COMPENSATION: City shall pay Contractor on a basis in accordance with Exhibit A- , in a not-to-exceed additional amount of $____________, and to change the total not-to-exceed amount under the Contract to $_________________.
TERM OF CONTRACT: For Contractor to perform the additional or amended services described herein, the term of this Contract shall be extended to ______________________. Except as specifically amended herein, all other provisions, terms and obligations of the Contract between the parties shall remain valid and shall be in full force.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A
NOLL & TAM ARCHITECTS
ARCHITECTURAL, ENGINEERING AND INTERIOR DESIGN SERVICES X
___ 2
2 March 1 , 2026
January 17, 2023
2 47,640
439,371
v. Feb 2025 Page 2
IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first specified below.
CITY OF SAN RAFAEL: _________________________________
________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM:
Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST:
City Clerk _________________________________
________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________
Title: _____________________________
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, SCHEDULE, AND DELIVERABLES
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of the Amendment by and between Contractor and the City providing for the referenced services.
1. Description of the Work:
1.1 Description: Architect to have mechanical consultant, Capital Engineers, review existing mechanical systems and make recommendations in line with project goals and budget. Mechanical consultant to review existing mechanical drawings, evaluate existing mechanical conditions, and provide list and cost estimate of required improvements.
Architect to provide additional construction administration services including: Have Noll&Tam representative, Ella McQuillen, attend 20 additional weekly OAC meetings. Three (3) months of construction administration at 12 hours/month for PM and 48 hours/month for designer.
2. Basic Services:
The City has developed a general scope of work as described below.
2.1 Task 1 Capital Engineers to perform site investigation and review existing HVAC systems in order to provide existing conditions memorandum, final conditions memorandum, and provide a list of required improvements for the buildings including anticipated timeline required to make improvements. Capital Engineers to provide associated cost estimates to complete proposed improvements and prepare Final Facility Evaluation Report to the City
2.2 Task 2 Noll & Tam Architects to provide additional construction administration services including: One Noll&Tam representative to attend each weekly OAC meetings for a total of 20 additional meetings. Three (3) months of construction administration at 12 hours/month for PM and 48 hours/month for designer.
When applicable, and
incorporated in Exhibit A as additional detail for list of services and payments included under this Contract.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A -2
Contractor's proposal may be attached
PAYMENTS
1. The payment to Contractor under this Amendment shall not exceed the below amount, unless amended in writing by both parties:
$47,640
2. When applicable insert hourly rates here:
N/A
SCHEDULE
Existing mechanical conditions assessment completed prior to construction start date of November 4th, 2024.
Additional construction administration services to be required for duration of project construction with an anticipated completion date of June 20th, 2025.
DELIVERABLES
Contractor Contract are enunciated throughout the Contract and include but are not limited to the following:
1. PROJECT DELIVERABLES
1. Existing mechanical conditions assessment.
2. Mechanical systems improvements cost estimate.
3. Final Facility Evaluation Report.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A for Contractor's work
's deliverables under the
729 Heinz Avenue #7 | Berkeley CA 94710 | 510-542-2200 | www.nollandtam.com Page 1 of 2 San Rafael Downtown Library Revitalization
ADDITIONAL SERVICE REQUEST NO. 1
March 14, 2023
Attn: Fabiola Guillen
Fabiola Guillen
Project Manager
Department of Public Works
City of San Rafael
Re: Downtown Public Library Modernization Project
1100 E Street, San Rafael, CA 94901
Dear Ms. Guillen,
Noll & Tam Architects has amended our proposal for architectural consulting services, dated January 17, 2023, to include a scope of work have Capital Engineers review existing mechanical systems and make recommendations in line with project goals and budget. The proposal is based upon our call dated 3/9/23. Our understanding of the scope of work and proposed fees is summarized below.
Scope of Work:
One site investigation visit
Mechanical Narrative and ROM cost estimate (See attached mechanical scope document) Coordination with consultant team
Exclusions:
Services or work products not noted above can be provided upon request as an additional service.
Fees:
Noll & Tam Architects $1,540
Capital Engineering $5,280
Total $6,820
Our basic fee for this scope shall be lump sum fixed fee as listed above, billed monthly on a percent complete basis. Services rendered beyond the agreed scope of work will be billed at our hourly rates.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A •
•
•
NOLL
&TAM
ARCHITECTS
Noll & Tam Architects | March 14, 2023 | San Rafael Downtown Library Revitalization | SA No. 1 Page 2 of 2 Sincerely, Approved:
Chris Noll Fabiola Guillen date
Principal Project Manager, Public Works
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A Faby
Guillen
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ou• DPW,
email•fabiolag@dtyofsa,,r.,fael.or
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3.7.2023
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670 Office: 916.851.3500 | [email protected] | www.capital-engineering.com March 13, 2023
Ms. Amy B. Watson, AIA
Senior Associate
Noll & Tam Architects
729 Heinz Ave. Suite #7
Berkeley, CA 94710
PROJECT: SAN RAFAEL MAIN LIBRARY FACILITIY HVAC ASSESSMENT SUBJECT: PROPOSAL FOR MECHANICAL ASSESSMENT SERVICES
Dear Amy,
We are pleased to offer this fee proposal for mechanical engineering assessment services for the subject project.
Project Description: The project is located at 1100 E Street, San Rafael, CA. As we understand the San Rafael Public Library was originally constructed in 1909. The library
was added and the most recent in 2008 with a major HVAC system renovation project. The intent of this study is to determine what improvements are necessary to sustain the facility in its present operating routine.
A. Scope of Basic Services:
Review of the various systems and elements within the library and determine Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A C C:CI~!!,~~
Project Description:
has undergone two expansions since this time, in the 7960's when an addition A Scope of Basic Services:
"life expectancy" of each system.
3.7.2023
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670 Office: 916.851.3500 | [email protected] | www.capital-engineering.com
1. Perform site investigation; Review existing mechanical HVAC systems.
2. Review existing mechanical drawings including original plans and applicable remodels and other recent space improvement projects.
3. Interview maintenance personnel, if available, during the site visit regarding mechanical systems condition and system types and preferences, review past studies and building maintenance reports if available.
4. Review 2008 HVAC improvements plans to the original mechanical systems to meet heating and cooling loads, and to improve mechanical systems performance and occupant comfort. Review and gather HVAC/Controls commissioning reports.
5. Draft existing conditions memorandum with description of major mechanical and plumbing elements and their expected life.
6. Draft Final Conditions Memorandum addressing any City concerns present as part of the review of the draft memorandum.
7. Based up on the field assessments, provide a list of require improvements for the buildings including an anticipated timeline required to make these improvements. List of improvements shall be prioritized in a table format.
8. Provide associated cost estimates to complete the proposed improvements.
9. Consider planned Future Building expansion and other projects based recommendations.
10. Prepare Draft Facility Evaluation Report to the City.
11. Prepare Final Facility Evaluation Report incorporating all comments from previous City reviews.
B. Proposed Engineering Teams:
1. Michael Minge, Principal + Joel Valencia PE, Plumbing Engineer.
C. Materials and Services Furnished by Architect or City of San Rafael:
1. Record Drawings of existing plans including work of all trades.
2. Reproduction and distribution of report documents.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A C ea~!!"~~
information on the noted "erratic HVAC conditions". Review any on the City's input for additions and renovations, in the final
8. Proposed Engineering Teams
C. Materials and Seivices Furnished by Architect or City of San Rafael:
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A e CCI~~!"~ '~
3. Provide access to site and buildings and all Mechanical Spaces.
D. Exclusions:
l. Design services for HVAC / Plumbing improvements.
2. Design services for bidding or construction administration.
3.7.2023
Page3 of5
E. Extra Services: The following services are not included in the basic proposal.
Capital shall be additionally compensated for work hereunder should City of San Rafael requests such services in writing.
l. Employment of special sub-consultants at the request of City of San Rafael except as identified in Paragraphs A and B above.
2. Preparation of owning or operating cost studies.
3. Life cycle cost analyses, energy effectiveness studies and preparation of maintenance or operating manuals.
4. Design services related to construction documents.
11020 Sun Center Drive, Suite 100 I Rancho Cordova, CA 95670 Office: 916.857.3500 I [email protected] I www.capital-engineering.com
3.7.2023
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670 Office: 916.851.3500 | [email protected] | www.capital-engineering.com Capital Engineering Consultants, Inc. 2023 Billing Rates Sr. Principal $240.00 / hour
Principal $220.00 / hour
Director $210.00 / hour
Sr. Project Manager $203.00 / hour
Project Manager $195.00 / hour
Field Services $190.00 / hour
Senior Engineer $172.00 / hour
Engineer $158.00 / hour
Senior Designer $148.00 / hour
Designer $135.00 / hour
Technician / CADD $125.00 / hour
Intern $117.00 / hour
Project Administrator $105.00 / hour
Capital Engineering Consultants, Inc.
Tax ID No. 94-1492674
CA Business License # C0398323
DIR # 100020121
Small Business Certification ID 35757
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A C ea~!!"~~
Capit al Eng ineering Consultants, Inc.
2023 Billing Rates
• Tax ID No. 94-1492674
• CA Business License# C0398323
• DIR# 100020121
• Small Business Certification ID 35757
729 Heinz Avenue #7 | Berkeley CA 94710 | 510-542-2200 | www.nollandtam.com Page 1 of 2 San Rafael Downtown Library Revitalization
ADDITIONAL SERVICE REQUEST NO. 3
February 25, 2025
Attn: Andrew Powell, EIT
Andrew Powell, EIT
Junior Engineer
Department of Public Works
City of San Rafael
Re: Downtown Public Library Modernization Project, ASR 03 Revision 2 (R2) 1100 E Street, San Rafael, CA 94901
Dear Mr. Powell,
Noll & Tam Architects has amended our first amendment for architectural consulting services, signed November 1, 2023, to include additional meetings and schedule extension over those specified. Our understanding of the scope of work and proposed fees is summarized below and based on the construction schedule provided by Unger Construction entitled 2024.10.18 BASELINE 24.0015 San Rafael Library Schedule. R1 and R2 based on conversations with Andrew in consideration for slow down of RFIs and nearing completion of submittals along with having Ella as solo NT representative at weekly OACs as of March 11, 2025.
Ref: First Amendment to the Contract, III Construction Administration, Item C Other Meetings Included bi-weekly meetings (18). As of 1/14/25 we have used 16 of 18 included.
Accounted for 6 months of construction. Actual Schedule: 9/24/24 - 6/20/25, 9 months If the construction schedule extends beyond this time frame, and additional construction progress meetings are needed, or if additional meetings are required within the estimated time frame, they will be provided as an additional service.
Scope of Work:
20 Additional OAC Meetings: February 4th June 24th, 2025 (6 hours PM x $230 + 20 hours x $190 = $5,180)
3 months of Construction at 12 hours/month for PM (36 hours x $230/hour = $8,280), 48 hours/month for designer (144 hours x $190/hour = $27,360)
Exclusions:
Services or work products not noted above can be provided upon request as an additional service.
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A •
•
•
•
•
NOLL
&TAM
ARCHITECTS
Noll & Tam Architects | February 25, 2025 | San Rafael Downtown Library Revitalization | SA No. 3 Page 2 of 2 Fees:
Noll & Tam OAC Meetings $5,180
Noll & Tam Schedule Extension (3 months) $35,640
Total $40,820
Our basic fee for this scope shall be lump sum fixed fee of $40,820, Forty Thousand Eight Hundred Twenty dollars, billed monthly on a percent complete basis. Services rendered beyond the agreed scope of work will be billed at our hourly rates.
Sincerely, Approved:
Chris Noll Andrew Powell, EIT date
Principal Junior Engineer, Public Works
Docusign Envelope ID: 3CBB6FC2-E399-449D-88E4-632D50D0641A ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.k
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Mariana Sanchez, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: SAN RAFAEL CANAL CROSSING PROJECT FUNDING AGREEMENT SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAM
SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR $1,575,000 IN ACTIVE TRANSPORTATION
PROGRAM (ATP) FUNDS FOR A FEASIBILITY STUDY OF THE SAN RAFAEL CANAL CROSSING PROJECT.
CEQA DETERMINATION: EXEMPT PURSUANT TO GUIDELINE SECTION 15378(b)(5) RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $1,575,000 in Active Transportation Program (ATP) funds for a feasibility study of the San Rafael Canal Crossing Project (the “Project”).
BACKGROUND:
The Canal Crossing Project aims to provide a non-motorized bicycle and pedestrian crossing bridge between the Canal Neighborhood and destinations north of San Rafael Creek. A new crossing would provide connectivity within a highly developed active transportation network in central Marin County.
These funds will support the feasibility assessment of a bridge between the Canal Neighborhood and destinations north of San Rafael Creek. The feasibility study report will identify and compare potential bridge options, provide a conceptual plan, identify potential environmental impacts, present preliminary engineering considerations, and estimate costs for construction, ongoing operation, and maintenance of a moveable bridge. The project team will engage with community members and stakeholders to gather feedback and incorporate it into the feasibility analysis and planning process.
The Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as biking and walking. The program aims to increase the proportion of trips accomplished by biking and walking, improve the safety and mobility of non-motorized users, ..
, SAN RAFAEL
~n THE CITY WITH A MISSION
V established 1874
cY
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
advance efforts to achieve greenhouse gas reduction goals, enhance public health, and provide a broad spectrum of projects to benefit many types of users, including disadvantaged communities.
ANALYSIS:
In March 2022, the California Transportation Commission (CTC) approved the ATP Cycle 6 guidelines, and the Metropolitan Transportation Commission (MTC) released the call for projects for the Regional ATP. The City of San Rafael applied for $3,925,000 of funding for the Project through the Regional ATP, and on January 25, 2023, MTC adopted the ATP Cycle 6 program of projects, which included the San Rafael Canal Crossing Project. The State approved the City’s entire grant request for $3,925,000 as part of the ATP Cycle 6A.
In January 2025, the City received a letter from Caltrans confirming the allocation of state funds from ATP for $1,575,000 for the feasibility study, which included an environmental analysis and preliminary engineering of the Project. A resolution stating the authorized signee for the Program Supplement Agreement (Attachment 1) with Caltrans and an executed Program Supplement Agreement (Attachment 2) are required to receive ATP funds. Future ATP grant fund allocations for the engineering and design phases may occur pending the results of the feasibility study. The total ATP grant amount is $3.9 million, so the remaining $2.35 million would be used for these phases if deemed feasible. The city currently does not have funding for construction and ongoing operations and maintenance of the bridge. The city would apply for additional grant funding at a later date.
COMMUNITY OUTREACH:
Outreach for the Project has been conducted through City planning documents, including the 2022 Community-Based Transportation Plan, 2018 Bicycle and Pedestrian Master Plan, and 2021 Downtown Precise Plan.
The City of San Rafael will continue to coordinate with community-based organizations including, the Canal Alliance and Voces del Canal, San Rafael City Schools District, transit agencies, Safer Routes to Schools, Bicycle and Pedestrian Committee, and community members to seek their input on the Project.
In addition, the City will meet with key stakeholders that use the San Rafael Creek as a navigational channel.
ENVIRONMENTAL DETERMINATION:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5) in that it does not meet CEQA's definition of a “project” because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The required CEQA review and clearance will be conducted as part of the preliminary engineering and environmental planning phase of design.
FISCAL IMPACT:
If the City Council adopts this resolution, the City could receive and use $1,575,000 in ATP funds for the preliminary phase of the Project. The San Rafael Canal Crossing Project was identified in the Fiscal Year 2024-25 Capital Improvement Program, and appropriations totaling $1,575,000 were included in the Fiscal Year 2024-25 Budget approved by the City Council on June 17, 2024. This appropriation consisted of $1,575,000 in ATP funds.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as recommended.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
2. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $1,575,000 in Active Transportation Program (ATP) funds for the San Rafael Canal Crossing Project.
ATTACHMENTS:
1. Resolution to execute Program Supplement Agreement with Caltrans
2. Administering Agency - State Agreement
1 RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR $1,575,000 IN
ACTIVE TRANSPORTATION PROGRAM (ATP) FUNDS FOR A FEASIBILITY STUDY OF
THE SAN RAFAEL CANAL CROSSING PROJECT
WHEREAS, the City of San Rafael is eligible to receive State funding for the San Rafael Canal Crossing Project through the California Department of Transportation (Caltrans); and WHEREAS, a Program Supplement Agreement must be executed with the California Department of Transportation before such funds may be claimed; and WHEREAS, the action to be taken by this Resolution is exempt from review under the California Environmental Quality Act (Cal. Public Resources Code Section 21000, et seq. (“CEQA”) under CEQA Guideline 15378(b)(5); and
WHEREAS, the City of San Rafael wishes to delegate authorization to execute the agreement and any amendments thereto to the City Manager; and WHEREAS, Caltrans requires the City Council to adopt a resolution authorizing the execution of the agreement between Caltrans and the City of San Rafael to ensure receipt of the funds; and
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds the foregoing recitals to be true and correct and authorizes the City Manager to execute the Program Supplement Agreement and any amendments thereto with the California Department of Transportation.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council OF THE City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Lindsay Lara, City Clerk
00000A717
FOR STATE FUNDED PROJECTS NO 04-5043S21
0425000088
January 09, 2025
04-MRN-0-SRF
ATPL-5043(049)
5043
This Program Supplement, effective 12/06/2024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 04-5043S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 10/31/2023 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
Non-motorized bridge between Canal Street in San Rafael's Canal neighborhood and Third Street in San Rafael.
San Rafael Canal Crossing Project 0.0(MILES)
Estimated Cost State Funds Matching Funds
CITY OF SAN RAFAEL
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$1,575,000.00 $0.00 $0.00
Chief, Office of Project Management Oversight
STATE OF CALIFORNIA
Department of Transportation
$1,575,000.00
STATE $1,575,000.00
Program Supplement 04--504-A717- SERIAL 1Page of 4
01/09/2025
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Program Supplement 04--504-A717- SERIAL 2Page of 4
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 04--504-A717- SERIAL 3Page of 4
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 04--504-A717- SERIAL 4Page of 4
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Andrew Powell, Junior Engineer
April Miller, Public Works Director
City Manager Approval:
TOPIC: PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR ADDITIONAL ARCHITECTURAL
AND STRUCTURAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, IN THE AMOUNT NOT TO EXCEED $33,700, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $100,200.
RECOMMENDATION:
Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the professional services agreement with Loving Campos Associates, Architects, Inc. for additional architectural and structural engineering design services associated with the Pickleweed Childcare Replacement Portables Project in the amount not to exceed $33,700, for a revised total agreement amount $100,200.
BACKGROUND:
On May 13, 2024, the City entered into a task order agreement with Loving Campos Associates, Architects, Inc. (“LCA”) for architectural design services for the Pickleweed Childcare Replacement Portables Project. The scope of work included architectural and civil/electrical engineering plans sufficient to obtain a building permit from the City and construct the project.
ANALYSIS:
During site assessment and design development, the City discovered unforeseen conditions that the new portables require floodproofing in adherence with the City of San Rafael Municipal Code (SRMC).
The SRMC Section 18.50.010 requires the replacement portables to be elevated to a height equal to or exceeding one (1) foot above the base flood elevation plus predicted thirty (30) years settlement.
Elevating the replacement portables design requires additional architectural design services and the services of a structural engineer to develop structural foundation design drawings. a structural engineer Agenda Item No: 4.l
Meeting Date: April 7, 2025
..
, SAN RAFAEL
'1!!§#1 THE CITY WITH A MISSION
iJV established 1874
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
to develop structural foundation design drawings.
FISCAL IMPACT:
The recommended action would authorize an additional contract amendment totaling $33,700, resulting in a revised, not-to-exceed amount of $100,200 for engineering and design services. The Fiscal Year 2024-25 Budget approved by the City Council on June 17, 2024, includes appropriations totaling $1.3 million within the Building Maintenance Fund (603) for the Pickleweed Childcare Replacement Portables Project. Existing appropriations within the project budget are sufficient to cover the proposed contract amendment.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt resolution as presented.
2. Do not adopt the resolution and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the professional services agreement with Loving Campos Associates, Architects, Inc. for additional architectural and structural engineering design services associated with the Pickleweed Childcare Replacement Portables Project, in the amount not to exceed $33,700, for a revised total agreement amount $100,200.
ATTACHMENTS:
1. Resolution
2. First Amendment to Professional Service Agreement with LCA RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR ADDITIONAL
ARCHITECTURAL AND STRUCTURAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH
THE PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, IN THE AMOUNT NOT TO EXCEED $33,700, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $100,200.
WHEREAS, the City of San Rafael entered into a Task Order Agreement dated May 13th, 2024, with Loving Campos Associates, Architects, Inc. (“LCA”), for preliminary architectural and engineering design services associated with the Pickleweed Childcare Replacement Portables Project, (the “Project”) in an amount not-to-exceed $66,500; and
WHEREAS, the City of San Rafael requires additional architectural and structural engineering design services from LCA to deliver the design phase of the Project; and WHEREAS, staff received a proposal from LCA for said services in a total amount not to exceed $33,700; and
WHEREAS, the approved FY2024-25 budget includes appropriations totaling $1.3 million within the Building Maintenance Fund (Fund 603) in support of this project, with such funds being sufficient to support the recommended contract amendment; and,
WHEREAS, staff has reviewed the proposal and found it to be complete and within industry standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The City Manager is hereby authorized to execute a First Amendment to the Professional Services Agreement with LCA for additional construction administration services in the amount of $33,700 for a total contract amount of $100,200, in a form approved by the City Attorney.
2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday the 7
th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
v. Feb 2025 Page 1
City of San Rafael
SERVICE LEVEL AGREEMENT
DATED ____________________
WITH __________________________________________
TASK ORDER NO. _____
(Amendment to Task Order No. ____ Executed on___________________) Subject Title: __________________________________________________ Amendment Amount: $___________
THIS AMENDMENT TO TASK ORDER No. ____ is effective on
___________________, between the City of San Rafael, a municipal corporation ("City"), and _____________________________________, ("Contractor").
AGREEMENT TO AMEND TASK ORDER
1. Section 1 entitled “Scope of Services,” is hereby amended to include the additional services set forth in Exhibit A-__ of this Task Order Amendment.
2. Section 2 entitled “Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule” is hereby amended to include the additional services, work hours estimate, cost estimate and budget set forth in Exhibit A-___, for an amount not to exceed $______________, changing the total not to exceed amount under the Task Order to $___________________.
3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Task Order shall remain valid and shall be in full force.
4. Signatures. The parties have executed this Amendment as of the date first written above.
Docusign Envelope ID: C7644F09-04F8-40C1-9B2B-F57BE8F1080C 33,700
100,200
APRIL 22, 2024
LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC.
114.1
114 May 13, 2024
Pickleweed Childcare Replacement Portables
33,700
114
Loving Campos Associates, Architects, Inc.
1 1
City of San Rafael Service Level Agreement
Amendment to Task Order
v. Feb 2025 Page 2
CITY OF SAN RAFAEL: _________________________________
________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM:
Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST:
City Clerk _________________________________
________________________________, _________________________________ CONTRACTOR: __________________________________ By: _______________________________ Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required] __________________________________ By: _______________________________ Name: ____________________________
Title: _____________________________
Exhibits:
A-__ – Scope of Work
Docusign Envelope ID: C7644F09-04F8-40C1-9B2B-F57BE8F1080C 1 EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, SCHEDULE, AND DELIVERABLES
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of the Amendment by and between Contractor and the City providing for the referenced services.
1. Description of the Work:
1.1 Description: Amendment #1 of Task Order #114 for the Pickleweed Childcare Replacement Portables project to include additional architectural design services for new concrete foundations, ramps, and stairs to required finished floor - of three (3) new portable buildings. Architect to retain the services of a Structural Engineer to provide Structural Foundation Design Drawings. Architect to provide Project Management and Administrative Services, including coordination of work with Structural Engineer and City of San Rafael Public Works Staff.
2. Basic Services:
The City has developed a general scope of work as described below.
2.1 Task 1 Architect to produce design drawings to include the design of concrete foundation for three (3) portable buildings and new ramps and stairs to - elevation (10 ft irty (30) year settlement.
2.2 Task 2 Architect to retain the services of a Structural Engineer to provide Structural Foundation Design Drawings for this work.
2.3 Task 3 Architect to provide Project Management and Administrative Services, including coordination of work with Structural engineer and City of San Rafel Public Works Staff.
When applicable, and
incorporated in Exhibit A as additional detail for list of services and payments included under this Contract.
PAYMENTS
1. The payment to Contractor under this Amendment shall not exceed the below amount, unless amended in writing by both parties:
Docusign Envelope ID: C7644F09-04F8-40C1-9B2B-F57BE8F1080C -1
elevation of +11' 7"
required finished floor elevation of +11' 7", which is one foot above the base flood BFE) plus 6" to 7" predicted th
Contractor's proposal may be attached
$33,700
2. When applicable insert hourly rates here:
N/A
SCHEDULE
Architect to produce design drawings in accordance with Task Order #114 project schedule.
DELIVERABLES
Contractor Contract are enunciated throughout the Contract and include but are not limited to the following:
1. PROJECT DELIVERABLES
1. Architectural Drawings to include the design of the concrete foundations for the three (3) buildings and new ramps and stairs.
2. Structural Foundation Design Drawings.
Docusign Envelope ID: C7644F09-04F8-40C1-9B2B-F57BE8F1080C for Contractor's work
's deliverables under the
ARCHITECT’S ADDITIONAL SERVICE REQUEST
590 Ygnacio Valley Road, Suite 310 · Walnut Creek, CA 94596 · 925. 944. 1626 1970 Broadway, Suite 800 · Oakland, CA 94612 · 510. 272. 1060 www.lca-architects.com
LCA Project #22031 | Task Order #114 | ASR 01
Date: February 21, 2025
Project: Pickleweed Childcare Replacement Portables
Owner: City of San Rafael, Public Works Department
Attention: Andrew Powell, EIT, Junior Engineer, Dept. of Public Works | [email protected] CC: Craig Veramay, Assistant Library and Recreation Director | [email protected] Subject: Additional Services Request for Services Beyond the Scope of Task Order No. 114, dated 5/13/2024:
Pickleweed Childcare Replacement Portables: Structural and Foundation Design – Three (3) Buildings Explanation: The Additional Services Request is for the following Scope of Work:
1. You need to elevate the three (3) new portables’ finished floor elevation to +11’-7”, which is one foot above the base flood elevation (10 ft BFE) plus 6” to 7” predicted thirty (30) year settlement.
2. The Architectural Drawings will include Design of the concrete foundation for the three (3) buildings and the new ramps and stairs.
3. We will retain the services of a Structural Engineer to provide Structural Foundation Design Drawings for this work.
4. We will provide Project Management and Administrative Services, including coordination of our work with the Structural Engineer and City of San Rafael Public Works Staff.
Architect, Fixed Fee: $13,000.00
Structural Engineer, Fixed Fee: $20,700.00*
ASR 01: Total Architectural and Engineering Fixed Fee: $33,700.00* *Includes 15% Consultant markup.
__________________________________ 2/26/2025_____________________________________________________________ Carl E. Campos, CEO, LCA Architects, Inc. Date Authorization of Additional Services Date Attachments: Exhibit A – LCA 2025 Fee Schedule
CEC/IF/mk: Proposal 57 – 2025
Under the conditions of the Architect’s Agreement for Professional Services in the Service Level Agreement, dated 4/22/2024, the Architect notifies the Owner of Additional Services, and the Owner hereby authorizes the Architect to perform these Additional Services. Work not specifically addressed in this request, shall not be implied or inferred to be included.
Docusign Envelope ID: C7644F09-04F840C1-9B2B-F57BE8F1080C A CAL. I FORN IA CORPORATION
590 YgnacioValleyRoad,Suite310• Walnut Creek,CA94596•925. 944.1626 1970 Broadway, Suite800• Oakland, CA 94612• 510. 272.1060 www.lca-architects.com
EXHIBIT A
LCA ARCHITECTS, INC.
2025 HOURLY FEE SCHEDULE*
DESCRIPTION HOURLY RATE
Principal $300.00
Associate $250.00 to $280.00
Senior Project Architect $250.00 to $265.00
Senior Project Manager $245.00 to $250.00
Quality Control Manager $265.00
Project Architect $240.00
Senior Designer $250.00
Senior Project Designer $240.00 to $245.00
Project Manager $195.00 to $240.00
Construction Manager $220.00
Specifications Writer $220.00
Job Captain $230.00 to $250.00
CAD Tech $185.00 to 200.00
Project Designer $185.00 to $195.00
Senior Project Coordinator $185.00
Administration/Research/Presentations $185.00 to $240.00 Clerical $165.00
Architectural Animation – Preparation of
computer-generated views, renderings and
simulations of architectural interiors and exteriors.
Preparation of video “fly-bys,” walkthroughs, and
other simulations.
$240.00
Expert Witness – Review of documents, meetings,
site visits, telephone conferences, administration of
the documents and materials, research, deposition,
testimony, court appearances, and travel time.
$500.00
Perspective Sketches and Renderings, Visual
Simulations
On a Per Drawing Basis
Mileage (outside of the Walnut Creek area)
**as adjusted by IRS guidelines
$0.70/mile**
Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, postage, express shipping, and travel outside normal project requirements will be billed on a reimbursable basis: at cost plus 15%.
Overtime - If overtime is required by staff, to meet a customer’s timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 01/01/2025. Subject to change quarterly.
Docusign Envelope ID: C7644F09-04F8-40C1-9B2B-F57BE8F1080C
A CALIFORNIA CORPORATION
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
RESPONSIBLE PARTY DESCRIPTION COMPLETED
City Attorney’s Office Review, revise as needed, and approve agreement as to form
Department Director Review and approve agreement
Risk Management
Email PINS insurance request to Contractor
Confirm insurance documentation is complete
Finance Review and sign off on funding availability
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department:
Project Manager:
Contractor Name:
Contractor’s Contact: Contact’s Email:
Docusign Envelope ID: C7644F09-04F8-40C1-982B-F57BE8F1 oaoc Public Works
Shannon Mackle (for Andrew Powell)
LCA Architects, Inc
Ivan Fernando ifernando@lca-architects .. com
/JT
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.m
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Grey Melgard, Associate Civil
Engineer,
April Miller, Public Works Director
City Manager Approval: __________
TOPIC:
SUBJECT:
SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR (RAFAEL
MEADOWS) PROJECT GRANT FUNDING AGREEMENTS
RESOLUTIONS:
1) RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) FOR THE SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR (RAFAEL MEADOWS) PROJECT, IN AN AMOUNT NOT TO EXCEED $1,940,000; AND
2) RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR (RAFAEL MEADOWS) PROJECT, IN AN AMOUNT NOT TO EXCEED $1,940,000 RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolutions, authorizing the City Manager to sign two Funding Agreements with the U.S. Department of Transportation (USDOT) and the California Department of Transportation (Caltrans).
BACKGROUND:
The Project is located in northern San Rafael. The Rafael Meadows neighborhood is bordered by Sonoma-Marin Area Rail Transit (SMART) train tracks to the northwest, west, and south; North San Pedro Road to the southeast; and U.S. Highway 101 (US-101) to the east. It is encompassed by census tract 1082.01, a Plan Bay Area 2050 Equity Priority Community, and one designated as ‘disadvantaged’ by the USDOT’s Equitable Transportation Community Explorer.
The Project will connect the physically isolated Rafael Meadows neighborhood on the west side of the US-101 to key destinations, including schools, the Marin Civic Center, SMART train station, retail, employment, and open spaces. The Project includes the creation of a new multi-use pathway along a freeway rail underpass, filling a critical gap in the existing network and providing the only facility accessible to all ages and abilities of people walking, biking, and using other nonmotorized modes traveling between Rafael Meadows across US-101. ' •
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V established 1874
CY
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The USDOT approved a grant application by the City of San Rafael under the Fiscal Year 2023 Neighborhood Access and Equity (NAE) grant program to receive funds to augment the design and construction of the Project in the amount of $1,940,000.
ANALYSIS:
As a condition to receive the grant funds, the USDOT requires that Caltrans and USDOT enter into an agreement that awards and allocates $1,940,000 in grant funding for the Project to Caltrans (“USDOT Agreement”). The City of San Rafael must also enter into an agreement that reflects Caltrans decision to subaward the grant funding to the City of San Rafael as the Designated Subrecipient (“Caltrans Designated Subrecipient Agreement”).
COMMUNITY OUTREACH:
The Project’s importance to community mobility and equity has been identified in various planning documents, such as the SMART Civic Center Station Plan (2013) and the San Rafael Bicycle and Pedestrian Master Plan (2018). Additionally, the Project has risen as a high priority of the Marin County Safe Routes to School Program due to the critical need for neighborhood student access to the Venetia Valley K-8 school, which is comprised of over 600 enrolled students, 94% of whom belong to minority groups and almost 80% of whom qualify for free or reduced lunch programs.
Project progress is reviewed at each quarterly public Safe Routes to School San Rafael Task Force meeting.
ENVIRONMENTAL DETERMINATION:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5) in that the action does not meet CEQA's definition of a “project” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The required environmental review and clearance will be conducted as part of the preliminary engineering and environmental planning phase of design.
FISCAL IMPACT:
Appropriations for the planning and design phases of the Project were included in the FY 2024- 25 Budget approved by the City Council on June 17, 2024, as part of the capital improvement program budget (Gas Tax – Fund 206). Funding for the Project is being provided through the NAE grant in the amount of $480,000 and the required local match in the amount of $120,000.
Additional appropriations of local funds in the amount of $622,228 were also included in the FY 2024-25 Budget for additional Planning and Design efforts.
Future requests for additional appropriations of funds for the Construction phase of the Project will include the remaining $1,470,000 of NAE grant funds and any additional local funds required for the Project.
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Adopt the resolutions authorizing the City Manager to execute the Funding Agreements as recommended.
2. Do not adopt the resolutions and provide further direction to staff. This option could result in the loss of the NAE funding for the Project.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Staff recommends that the City Council adopt the attached Resolutions, authorizing the City Manager to sign two Funding Agreements with the U.S. Department of Transportation (USDOT) and the California Department of Transportation (Caltrans).
ATTACHMENTS:
1. Resolution (USDOT Agreement)
2. Attachment 2– USDOT Agreement
3. Resolution (Caltrans Agreement)
4. Attachment 4 – Caltrans Designated Subrecipient Agreement RECOMMENDED ACTION:
1 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) FOR THE SOUTH MERRYDALE ROAD – CIVIC CENTER
CONNECTOR (RAFAEL MEADOWS) PROJECT, IN AN AMOUNT NOT TO EXCEED $1,940,000
WHEREAS, the City of San Rafael has been proactive and applied for grant funding to improve multimodal connections between the Rafael Meadows neighborhood and Civic Center Drive (the “Project); and
WHEREAS, the U.S. Department of Transportation (USDOT) approved a grant application by the City of San Rafael under the Fiscal Year 2023 Neighborhood Access and Equity (NAE) grant program to receive funds to augment the design and construction of the Project; and WHEREAS, the Project includes in the creation of a new multi-use path between South Merrydale Road and Civic Center Drive by passing under US Highway 101 at the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station; and WHEREAS, the grant funds in an amount not to exceed $1,940,000 from the USDOT would augment the local funds set aside for the completion of the Project; and WHEREAS, as a condition to receive the grant funds, the USDOT requires that the California Department of Transportation (Caltrans) and USDOT enter into an agreement that awards and allocates $1,940,000 in grant funding for the Project to Caltrans (“USDOT Agreement”); and
WHEREAS, the City Council of the City of San Rafael can adopt a resolution authorizing the City Manager to execute a grant funding agreement between USDOT and the City of San Rafael and approve the agreement’s terms and conditions to ensure the receipt of the funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the City Manager is hereby authorized to execute a funding agreement with the U.S.
Department of Transportation for the South Merrydale Road – Civic Center Connector (Rafael Meadows) Project, attached as Attachment 2 to the Staff Report.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Lindsay Lara, City Clerk
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the California Department of Transportation (Caltrans) (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Neighborhood Access and Equity (NAE) Grant for the Rafael Meadows Safe Crossing Pathway Project.
If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS.
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity Program: FHWA Projects,” dated October 1, 2024, which is available on the RCN website. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the NAE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the NAE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
ARTICLE 2
SPECIAL TERMS AND CONDITIONS.
There are no special terms for this award.
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SCHEDULE A
ADMINISTRATIVE INFORMATION
1. Application.
Application Title: Rafael Meadows Safe Crossing Pathway Project Application Date: September 28, 2023
2. Recipient’s Unique Entity Identifier.
See section 24.3 of the General Terms and Conditions; also see FMIS.
3. Recipient Contact(s).
Ephrem Meharena
DLAE – Transportation Planning and Local Assistance
California Department of Transportation, District 4
111 Grand Avenue, Oakland, CA 94612
(510) 960-0806
[email protected]
Anmol Mishra
Discretionary Grants Coordinator
Federal Infrastructure Programs Branch
Division of Local Assistance
P.O. BOX 942874, MS–1
SACRAMENTO, CA 94274–0001
(279) 599-4996
[email protected]
[email protected]
Discretionary Grants Coordinator
Federal Infrastructure Programs Branch
Division of Local Assistance
P.O. BOX 942874, MS–1
SACRAMENTO, CA 94274–0001
4. Recipient Key Personnel.
None.
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5. USDOT Project Contact(s).
Peter Pangilinan
Discretionary Grants and Emergency Relief Program Manager 650 Capitol Mall, Suite 4-100
(916)498-5886
[email protected]
And
Damaris Santiago
Capital Construction/Regional Partnership - Capital
Director, Office of Project Development and Environmental Review Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Ave, SE,
Washington, DC 20590
6. Payment System.
USDOT Payment System: FMIS
7. Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Division
8. Federal Award Identification Number.
See section 24.2 of the General Terms and Conditions.
9. Designated Subrecipient.
Designated Subrecipient:
City of San Rafael
1400 5th Avenue
San Rafael, CA 94901-1943
Contact info:
April Miller, Director of Public Works
[email protected]
415-485-3355
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Grey Shankel Melgard, Associate Civil Engineer
[email protected]
415-256-5501
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SCHEDULE B
PROJECT ACTIVITIES
1. General Project Description.
This Project will connect the physically isolated Rafael Meadows neighborhood on the west side of the US-101 freeway to key destinations, including schools, the Marin Civic Center, SMART train station, retail, employment, and open spaces. By installing a new multi-use pathway along a freeway rail underpass, the Project fills a critical gap in the existing network and will provide the only facility accessible to all ages and abilities of people walking, biking, and using other non-motorized modes traveling between Rafael Meadows across US-101.
The Project is located in northern San Rafael, a city in California’s Marin County. The Rafael Meadows neighborhood is bordered by SMART train tracks to the northwest, west, and south; North San Pedro Road to the southeast; and US Highway 101 to the east.
It is encompassed by census tract 1082.01, a Plan Bay Area 2050 Equity Priority Community and one designated as ‘disadvantaged’ by the USDOT’s Equitable Transportation Community Explorer.
2. Statement of Work.
Base Phase: Preliminary Engineering
Develop conceptual plans and construction documents
Submit documentation for compliance with the National Environmental Policy Act (NEPA) and other federal environmentally related laws Preliminary utility investigations and engineering work associated with utility relocation
Preliminary Right of Way activities as needed for NEPA compliance Coordinate with Caltrans to review scope and project requirements to comply with federal and state laws and regulations
Phase 1: Final Design
Final design [Plans, Specifications, and Estimates (PS&E)] after NEPA clearance Phase 2: Construction and Construction Engineering
Solicit for construction bids and award of construction contracts in compliance with federal, state, and local laws and regulations
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Obtain all construction-related permits
Construct project in adherence to approved construction documentation, contract documents, and all federal and state laws and regulations Construction engineering work including the supervision and inspection of construction activities
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SCHEDULE C
AWARD DATES AND PROJECT SCHEDULE
1. Award Dates.
Budget Period End Date: December 31, 2027
Period of Performance End Date: See section 4.5 of the General Terms and Conditions; also see FMIS.
2. Estimated Project Schedule.
Milestone Schedule Date
Preliminary Engineering March 31, 2026
Final Design June 30, 2026
Planned Construction Substantial
Completion and Open to
Traffic Date:
March 31, 2027
3. Special Milestone Deadlines.
None.
4. Mandatory Prerequisite Dates.
Milestone Date
Added to Metropolitan Transportation Improvement
Program (TIP)
December 18, 2024
Added to Statewide Transportation Improvement
Program (STIP)
December 18, 2024
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SCHEDULE D
AWARD AND PROJECT FINANCIAL INFORMATION
1. Award Amount.
NAE Grant Amount: $1,940,000.00
2. Federal Obligation Information.
Federal Obligation Type: Multiple
Obligation Condition Table
Portion of the Project Portion of the
NAE Grant
Obligation Condition
Base Phase:
Preliminary
Engineering
$344,000
Phase 1: Final Design $136,000 If the FHWA California Division Office confirms the Recipient has met all the applicable
Federal, State, and local requirements.
Phase 2: Construction
and Construction
Engineering
$1,460,000 If the FHWA California Division Office
confirms the Recipient has met all the
applicable Federal, State, and local
requirements.
3. Approved Project Budget.
Eligible Project Costs
Preliminary
Engineering Final Design
Construction and
Construction
Engineering Total
NAE
Funds:
$344,000 $136,000 $1,460,000 $1,940,000
Other
Federal
Funds:
$0 $0 $0 $0
NonFederal
Funds:
$86,000 $34,000 $370,000 $773,000
Total: $430,000 $170,000 $1,830,000 $2,713,000
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4. Cost Classification Table
Reserved.
5. Approved Pre-award Costs
None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. 10 of 25
SCHEDULE E
CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B–D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described.
See section 3.1 of the General Terms and Conditions.
Scope:
No changes.
Schedule:
At this time, it is unclear if additional approvals from Caltrans or SMART will be required for the successful completion of the Project. Additional time has been allotted for the Caltrans Right-of-Way certification and utility coordination portion of the Project. This has pushed the anticipated milestone dates for the Project approximately 6-11 months when compared to the application.
Activity Grant Application Dates Revised Dates
Preliminary Engineering August 1, 2024 – February 30,
2025
January 1, 2025 – March 31, 2026
Final Design August 1, 2024 – April 30, 2025 October 1, 2025 – June 30, 2026 Construction and
Construction Engineering
November 1, 2025 – May 31, 2026 July 1, 2026 – March 31, 2027 Budget:
At this time, it is unclear if additional approvals from Caltrans or SMART will be required for the successful completion of the Project. Additional Local Funds have been allotted for the Caltrans Right-of-Way certification and utility coordination portion of the Project.
Activity Grant Application Amount Revised Amount (Local Funds) Right of Way Not included $283,000
Other:
No changes.
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SCHEDULE F
NAE PROGRAM DESIGNATIONS
6. Capital Construction or Planning Designation.
Capital-Planning- Designation: Capital Construction
7. Regional Partnership Challenge Grant
Regional Partnership Designation: No
8. Economically Disadvantaged Community Designation.
Economically Disadvantaged Community Designation: Yes
9. Funding Source.
Funding Source: General Fund
10. Security Risk Designation.
Security Risk Designation: Low
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SCHEDULE G
NAE PERFORMANCE MEASUREMENT INFORMATION
Measure #1
Name: Bike and Pedestrian Counts/Trips
Description: Average daily bicycle and pedestrian counts using Nation Bicycle & Pedestrian Documentation Project methodology
by conducting hourly counts at key locations in the study area. Counts will be collected on a typical weekday.
Merit Criterion: Mobility and Community Connectivity, Climate and Sustainability
Measurement Frequency: Annual and End of Performance Period Measurement Location(s): Count to be conducted at either end of pathway under US 101.
Projected Outcome: Change relative to baseline is expected to be positive as more users are able to safely use the new pathway.
Measure #2
Name: Passenger Counts – Transit Stops
Description: Count of the passenger boardings and alighting’s at stations within the project area.
Merit Criterion: Mobility and Community Connectivity, Climate and Environment
Measurement Frequency: Annual and End of Performance Period Measurement Location(s): Counts to be recorded from SMART Marin Civic Center station located within the project area.
Projected Outcome: Change relative to baseline is expected to be positive as more users are able to use the new pathway to reach the Marin Civic Center station.
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SCHEDULE H
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table are accurate.
The Project is a planning project and incorporates consideration of climate change and environmental justice impacts. (Identify how the planning project incorporates consideration of climate change and environmental justice impacts in the narrative below.)
X
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
X
The Recipient or a project partner used environmental justice tools, such as the Climate & Economic Justice Screening Tool (CEJST), USDOT’s Equitable Transportation Community (ETC) Explorer, or the EPA’s EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
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X
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
2. Supporting Narrative.
According to the Environmental Protection Agency’s Environmental Justice Screening and Mapping Tool, the Rafael Meadows neighborhood is in the 99th percentile of all US neighborhoods for concentration of traffic proximity, which leads to subsequent health and environmental impacts from noise, dust, particulate matter, and harmful emissions.
The Project will encourage more active transportation and transit use, in turn increasing environmental resilience for the neighborhood as a result of reduced motor vehicle use and associated emissions.
Only accounting for trips associated with student drop-off and pick-up to and from Venetia Valley School, the estimated impact of students utilizing the Project pathway to walk and bike to school will lead to reduction of over 15,000 VMT, or 6,000,000 grams of CO2 from direct vehicle emissions per school year. Over time, as travel to the school by walking and biking becomes more widespread, this impact would become more pronounced. In addition to the emissions reduction from travel mode shift, students traveling via the Project will enjoy a safe route to school along fully high-quality pathways through the lush, carefully crafted Civic Center campus open space.
Residents of the Rafael Meadows neighborhood will also benefit significantly by having newly direct and safe access to Lagoon Park, a large park adjacent to the Marin County Civic Center. The space, designed by Frank Lloyd Wright, was envisioned to provide 15 of 25
residents with access to vast open spaces, playgrounds, art installations, performing arts centers, water features, and natural spaces.
The Project directly supports the City of San Rafael’s Climate Change Action Plan 2030, which was adopted in 2019. According to this plan, increases in transit, bicycle and pedestrian travel modes are estimated to comprise a substantial reduction in greenhouse gases before the year 2030. The Project establishes active transportation facilities in accordance with the City’s Bicycle and Pedestrian Master Plan and provides safe pedestrian connection routes to access rail transit; these Project characteristics are identified as specific actions in the Climate Change Action Plan. 16 of 25
SCHEDULE I
EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table are accurate:
The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. (Identify how the planning project incorporates consideration of racial equity and barriers to opportunity in the narrative below.)
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan, or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
X
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
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2. Supporting Narrative.
The lack of safe and accessible infrastructure has long been a barrier for people in the neighborhood who wish to walk or bike to nearby destinations. With a significant percentage of Rafael Meadows residents living without a car, this is not just an inconvenience but a major limiting factor in their economic opportunity. By creating a safe and accessible path underneath US Highway 101 at the Marin Civic Center Station, residents will have significantly better access by foot, bicycle, and transit to centers of employment and commerce, including the Marin County Civic Center and Northgate Mall, schools, recreation areas at Lagoon Park, and destinations served by SMART.
Providing better active transportation infrastructure reduces household transportation expenses that can be used for other essentials and reduces the burden on parents/guardians driving children to school, which frees up time and money that would otherwise be used for the short trip to the Ventia Valley School from Rafael Meadows.
The Project has strong potential to encourage greater public and private investment for residential and commercial development. It is aligned with the City’s plan to relocate the Sunday Marin Farmers’ Market to the parking lot adjacent to the Marin Civic Center station just east of US Highway 101. The new location combined with the new multi-use path will enable Rafael Meadows residents to access the market with ease, creating better access to quality food and entrepreneurial opportunities. The project also supports goals in the City of San Rafael Civic Center Station Area Plan, which calls for transit-oriented commercial and residential development and increased density within one-quarter mile of the station.
3. Community Engagement Activities.
Engagement for this Project has been conducted as part of a series of planning efforts to solicit input on transportation needs and Project feasibility from the Rafael neighborhood over the past few years. A recurring theme has revolved around the physical isolation of the neighborhood from the rest of the City due to the location between the US Highway 101 freeway and the legacy railroad tracks, and the resulting lack of direct, safe, and accessible connections from residences to schools, shopping, and other destinations.
The Project’s importance to community mobility and equity has been identified in various planning documents such as the SMART Civic Center Station Plan (2013) and the San Rafael Bicycle and Pedestrian Master Plan (2018). Additionally, the Project has risen as a high priority of the Marin County Safe Routes to School Program due to the critical need for neighborhood student access to the Venetia Valley K-8 school, which is comprised of over 600 enrolled students, 94% of whom belong to minority groups and almost 80% of whom qualify for free or reduced lunch programs. Project progress is reviewed at each quarterly public Safe Routes to School San Rafael Task Force meeting.
4. Activities to Safeguard Affordability.
The project is sensitive to impacts it may have on Rafael Meadows, as the neighborhood is already one of the most disadvantaged in Marin County. Through public engagement 18 of 25
on this and other planning efforts, like the Marin Civic Center Station Area Plan in 2013, residents expressed concern the existing population and businesses. As such, the project has a very limited scope focusing on active transportation safety and access and the accrued benefits of providing sustainable, low-cost transportation options. 19 of 25
SCHEDULE J
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:
The Project is a planning project. (Identify in the narrative below the extent to which, if any, the planning project incorporates consideration of good-paying jobs and strong labor standards.)
The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
X
The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) X
The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
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X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) X
The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
It is the City’s intent and purpose to provide all contractors with an environment that is free from any form of harassment, discrimination, or retaliation, as well as a fair procedure for investigating alleged violations of workplace rights, through its adopted Policy Against Harassment, Discrimination, and Retaliation.
The City of San Rafael and SMART both have strong policies regarding equitable workforce development for capital projects. San Rafael’s General Plan 2040 includes three policies encouraging utilization of minority-owned businesses and services as vendors:
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■ Program EV-1.3E: Minority Business Outreach. Work with local minority-owned businesses, business organizations, and non-profits to encourage business success and support job training and career advancement opportunities. ■ Program EV-2.2C: Local Preference. Where other factors (such as price) are equal, the City should give preference to purchasing goods and services from both local vendors and minority-owned businesses.
■ Program EDI-5.7A: Business Assistance. Explore opportunities to assist San Rafael’s small businesses and entrepreneurs, including minority-owned businesses. This should include partnerships with the Hispanic Chamber of Commerce and similar organizations In alignment with these policies, the City of San Rafael has established the Equitable Low Carbon Economy Project. The guiding question of this program probes how local climate action can have the greatest equitable benefit on the local economy and workforce. The program will “identify opportunities, priorities, and actionable next steps to support San Rafael’s economic ecosystem to be more resilient and regenerative while growing pathways to high road green jobs, especially for community members with barriers to employment from historically marginalized communities.” The program is overseen by a board comprised of local business leaders, community groups, and City staff. As the Rafael Meadows Safe Crossing Pathway Project is in direct support of the City’s Climate Change Action Plan 2030, it qualifies for participation in this program and will have access to City and other resources that will increase local vendor and minority-owned business awareness of upcoming contracting opportunities.
It its Draft Disadvantaged Business Enterprise (DBE) Program, SMART is establishing a goal of 3.45% for DBE participation in federally funded contract opportunities for Federal Fiscal Years 2024-2026. Federal funding for projects over this three-year period is anticipated to be approximately $23.1 million.
The state of California establishes prevailing wage rates on an annual basis according to the type of work and location of the project. These are applicable for all public works projects. Projects of $30,000 or more also must meet the state’s apprenticeship requirements. The City of San Rafael and SMART comply with prevailing wage rate laws and the current wage determinations for all trades to ensure fair and equitable pay for its contractors.
The City of San Rafael also has a workforce development policy and program outlined in its General Plan, Policy EV-1.9: “Workforce Development Support workforce development programs that provide skilled labor for San Rafael businesses as well as jobs and career advancement opportunities for San Rafael residents.” This policy is underpinned by Program EV-1.9A, which states that “Workforce Development Programs.
Support the efforts of businesses, labor organizations, non-profits, schools, and the public sector to provide job training and placement services.” The program encourages opportunities for these initiatives to support other City goals, such as greenhouse gas 22 of 25
reduction or transportation projects such as the Rafael Meadows Safe Crossing Pathway Project.
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RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
California Department of Transportation
Date
By:
Signature of Recipient’s Authorized Representative
Dee Lam
Name
Chief, Division of Local Assistance
Title
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DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
City of San Rafael
Date
By:
Signature of Designated Subrecipient’s Authorized
Representative
Cristine Alilovich
Name
City Manager
Title
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USDOT SIGNATURE PAGE
The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
UNITED STATES DEPARTMENT OF
TRANSPORTATION
Date
By:
Signature of USDOT’s Authorized Representative
Elissa Konove
Name
FHWA California Division Administrator
Title
1 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR (RAFAEL MEADOWS) PROJECT, IN AN AMOUNT NOT TO EXCEED $1,940,000
WHEREAS, the City of San Rafael has been proactive and applied for grant funding to improve multimodal connections between the Rafael Meadows neighborhood and Civic Center Drive (the “Project); and
WHEREAS, the U.S. Department of Transportation (USDOT) approved a grant application by the City of San Rafael under the Fiscal Year 2023 Neighborhood Access and Equity (NAE) grant program to receive funds to augment the design and construction of the Project; and WHEREAS, the Project includes in the creation of a new multi-use path between South Merrydale Road and Civic Center Drive by passing under US Highway 101 at the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station; and WHEREAS, the grant funds in an amount not to exceed $1,940,000 from the USDOT would augment the local funds set aside for the completion of the Project; and WHEREAS, as a condition to receive the grant funds, the City of San Rafael and Caltrans must enter into an agreement that reflects Caltrans decision to subaward the grant funding to the City of San Rafael as the Designated Subrecipient (“Designated Subrecipient Agreement”); and WHEREAS, the City Council of the City of San Rafael can adopt a resolution authorizing the City Manager to execute a grant funding agreement between Caltrans and the City of San Rafael and approve the agreement’s terms and conditions to ensure the receipt of the funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the City Manager is hereby authorized to execute a funding agreement with the California Department of Transportation for the South Merrydale Road – Civic Center Connector (Rafael Meadows) Project, attached as Attachment 4 to the Staff Report.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Lindsay Lara, City Clerk
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
P a g e 1 | 29
FY 2023 NEIGHBORHOOD ACCESS AND EQUITY (NAE)
DISCRETIONARY GRANT PROGRAM
RECIPIENT - DESIGNATED SUBRECIPIENT AGREEMENT
This Federal Fiscal Year (FY) 2022-2023 project specific Neighborhood Access and Equity (NAE) Discretionary Grant Program Recipient - Designated Subrecipient Agreement (Agreement) is between the State of California Department of Transportation (Caltrans) Division of Local Assistance (Recipient or Caltrans) and The City of San Rafael, a Chater City in the State of California (Designated Subrecipient), collectively known as “Parties.”
RECITALS
WHEREAS, NAE Grant funds were provided under the authority of the Inflation Reduction Act, Pub. L. No. 117-169 (Aug. 16, 2022) (the “IRA”) made funds available to the United States Department of Transportation (the “USDOT”) for fiscal year 2022 to carry out the Neighborhood Access and Equity (NAE) Grant Program; and WHEREAS, on July 5, 2023, the United States Department of Transportation (USDOT) posted a funding opportunity through the Fiscal Year (FY) 2023, Neighborhood Access and Equity (NAE) Grant Program at Grants.gov, with the funding opportunity title “Neighborhood Access and Equity (NAE) Program” and funding opportunity number DOT-NAE-FY23-01; and WHEREAS, this notice of funding opportunity posted at Grants.gov, as amended on July 19, 2023, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal years 2023 NAE Program; and
WHEREAS, on or before September 28, 2023, the Designated Subrecipient applied for NAE Grant funding from the United States Department of Transportation (USDOT) for the Rafael Meadows Safe Crossing Pathway project (Project), which will connect the physically isolated Rafael Meadows neighborhood on the west side of the US-101 freeway to key destinations, including schools, the Marin Civic Center, SMART train station, retail, employment, and open spaces; and
WHEREAS, the Designated Subrecipient’s application for the Project (Grant Application), referenced in section 1 of schedule A of the Rafael Meadows Safe Crossing Pathway for Project between the USDOT and the Recipient, includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with that form through Grants.gov, and WHEREAS, on March 13, 2024, the USDOT announced application selections under the NOFO selecting the Project for NAE Grant funding in the amount of $1,940,000 for the Project; and WHEREAS, in this Agreement, “NAE Grant” means an award of these funds to the Project that were made available through the NOFO; and
WHEREAS, as a condition to receive the NAE Grant, the USDOT requires the Recipient and the USDOT, to enter into the USDOT Grant Agreement under the Fiscal Year 2023 NAE Program FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
P a g e 2 | 29
Project Agreement for the Rafael Meadows Safe Crossing Pathway project (USDOT Agreement) that awards and allocates $1,940,000 in NAE Grant funding for the Project to the Recipient; and WHEREAS, this Agreement reflects the Recipient decision to subaward the NAE Grant Project funding to the Designated Subrecipient; and
WHEREAS, this Agreement reflects the Designated Subrecipient decision to receive the Subaward, defined in 2 C.F.R. § 200.1, of the NAE Grant funding for the purpose of carrying out the Federal award; and
WHEREAS, the Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the NAE Grant Program; and
WHEREAS, the Federal Highway Administration (Administering Operating Administration) will administer the USDOT Agreement, on behalf of the USDOT; and WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity Program: FHWA Projects (NAE Terms and Conditions), revised October 1, 2024, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the NAE Grant funding; and
WHEREAS, the U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 Reconnecting Communities Pilot Program/Neighborhood Access and Equity Program (RCN): FHWA Projects (Exhibits), dated April 8, 2024, is referenced in the NAE Terms and Conditions, and further defines responsibilities and requirements that must be followed as a condition to receiving and using the NAE Grant funding; and WHEREAS, the Reconnecting Communities Program Discretionary Grants Performance Measurement Guidance (Performance Measures), updated July 6, 2023, is referenced in this Agreement and used in the USDOT Agreement and the NAE Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and
WHEREAS, the Parties want the Designated Subrecipient to carry out the Project with the Recipient acting as the “pass-through” entity for purposes of payment of the federal funds to the Designated Subrecipient, per the requirements on pass-through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable; and
WHEREAS, for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code; and WHEREAS, on or about 05/27/2016, the Parties entered into an Administering Agency - State Agreement for Federal-Aid Projects agreement (Master Agreement); and WHEREAS, the Parties, will concurrently enter into this Agreement, which defines specific project responsibilities between the Designated Subrecipient and the Recipient for Project and FYs 2023 Neighborhood Access and Equity Grant Program
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include specific project responsibilities to USDOT that are necessary for the development and timely delivery of the Project; and
WHEREAS, this Agreement further establishes oversight and delegation of responsibilities between the Recipient and the Designated Subrecipient, outlined in this Agreement, the Master Agreement, and as allowed per Article 3.7(2) of the NAE Terms and Conditions.
The Parties therefore agree to the following:
AGREEMENT
ARTICLE I. PURPOSE
Section 1.01 Purpose.
(a) The purpose of this award is to fund an eligible project that improves walkability, safety, and affordable transportation access through context-sensitive strategies; addresses an existing eligible facility that create barriers to community connectivity or negative impacts on the human or natural environment, especially in disadvantaged or underserved communities; conducts planning and capacity building activities in disadvantaged or underserved communities; or conducts technical assistance to units of local government to facilitate efficient and effective contracting, design, and project delivery and to build capacity for delivering surface transportation projects. The parties will accomplish this purpose by achieving the following objectives:
1) timely completing the Project; and
2) ensuring the award funds provided under this Agreement are not used as a substitute for non-Federal investment in the Project, except as proposed in the Technical Application, and as modified by schedule D.
(b) In this section, the term “facility,” is used as defined at 23 U.S.C. 177(c).
ARTICLE II. USDOT AND RECIPIENT ROLES
Section 2.01 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of this Grant Program, the approval and execution of the USDOT Agreement, and any modifications to the Recipient Agreement under section 15.1 of the USDOT Agreement.
(b) The Federal Highway Administration (the “FHWA”) will administer the Recipient Agreement on behalf of the USDOT. The “Administering Operating Administration” means the FHWA.
(c) The Recipient is responsible for the approval of this agreement and any modifications to this agreement under section 15.01.
Section 2.02 USDOT Program Contacts
If the Capital-Planning Designation in section 1 of schedule F is “Planning”:
FHWA NAE Program Manager—Planning Grants
Kenneth Petty
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Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E72-330
Washington, DC 20590
(202) 366-6654
[email protected]
If the Capital-Planning Designation in section 1 of schedule F is “Capital Construction”:
FHWA NAE Program Manager—Capital Construction Grants
Karen Perritt
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E76-326
Washington, DC 20590
(202) 366-9482
[email protected]
And for all awards:
OST RCN Program Manager
United States Department of Transportation
Office of Infrastructure Deployment (OST P-40)
1200 New Jersey Avenue SE
Washington, DC 20590
[email protected]
Section 2.03 USDOT Program Contacts
(a) The Recipient is the pass-through entity for purposes of payment of the federal funds to the Designated Subrecipient per the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable.
Article III. DESIGNATED SUBRECIPIENT ROLE
Section 3.01 Statements on the Project.
(a) The Designated Subrecipient states that:
1) all material statements of fact in the Technical Application were accurate when that application was submitted; and
2) schedule E documents all material changes in the information contained in that application.
Section 3.02 Statements on Authority and Capacity.
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(a) The Designated Subrecipient states that:
1) it has the authority to receive Federal financial assistance under this agreement; 2) it has the legal authority to complete the Project;
3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
4) not less than the difference between the total eligible project costs listed in section 3 of schedule D of the USDOT Agreement and the Neighborhood Access and Equity (NAE) Program Grant Amount listed in section 1 of schedule D is committed to fund the Project;
5) it has sufficient funds available to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
6) the individual executing this agreement on behalf of the Designated Subrecipient has authority to enter this agreement and make the statements in this article 3 and in section 21.07 on behalf of the Designated Subrecipient .
Section 3.03 USDOT and Recipient Reliance.
(a) The Designated Subrecipient acknowledges that:
1) the USDOT and the Recipient relied on statements of fact in the Technical Application to select the Project to receive this award;
2) the USDOT and the Recipient relied on statements of fact in both the Technical Application and this agreement to determine that the Designated Subrecipient and the Project are eligible under the terms of the NOFO;
3) the USDOT relied on statements of fact in the Technical Application and the USDOT Application to establish the terms of the USDOT agreement; and 4) the Recipient relied on statements of fact in both the Technical Application and the USDOT Agreement to establish the terms of this agreement; and 5) the USDOT selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
Section 3.04 Project Delivery.
(a) The Designated Subrecipient shall complete the Project under the terms of this agreement.
(b) The Designated Subrecipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal laws, regulations, and policies that are applicable to projects of the Administering Operating Administration and the Recipient.
Section 3.05 Rights and Powers Affecting the Project.
(a) The Designated Subrecipient shall not take or permit any action that deprive it or the Recipient of any rights or powers necessary to their performance under the USDOT Agreement and under this Agreement, without written approval of the Recipient and the USDOT.
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under the USDOT Agreement and to the Designated Subrecipient’s performance under this agreement.
Section 3.06 Notification of Changes to Key Personnel.
(a) The Designated Subrecipient shall notify all USDOT and all Recipient representatives who are identified in section 5 of schedule A in writing within 30 calendar days of any change in key personnel who are identified in section 4 of schedule A.
Section 3.07 Subaward to Designated Subrecipient.
(a) Section 9 of schedule A of the USDOT Agreement identifies a Designated Subrecipient, therefore:
1) the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.01;
2) the Recipient and the Designated Subrecipient entered into this agreement, separate from the USDOT Agreement and to which the USDOT is not a party, which assigns responsibilities, including administrative and oversight responsibilities, among the Recipient and the Designated Subrecipient; and
3) for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity.
Section 3.08 Designated Subrecipient Statements and Responsibilities. (a) Section 9 of schedule A in the USDOT Agreement identifies a Designated Subrecipient.
The Designated Subrecipient:
1) affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2 of the USDOT Agreement; and
2) shall assume the Recipient's reporting obligations under articles 7 and 8 of the NAE Terms and Conditions.
Article IV. AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
Section 4.01 Federal Award Amount.
(a) The USDOT awarded a Neighborhood Access and Equity (NAE) Grant to the Recipient in the amount listed in section 1 of schedule D of the USDOT Agreement as the NAE Program Grant Amount.
(b) The Recipient hereby subawards an NAE grant to the Designated Subrecipient in the amount listed in 1 of schedule D of the USDOT Agreement as the NAE Program subaward Grant Amount.
Section 4.02 Federal Funding Source
(a) If section 4 of schedule F identifies the Funding Source as “General Fund,” then the NAE Grant is from the NAE Program funding that was made available in fiscal year 2022 to be available until September 30, 2026, to be available until September 30, 2026, at IRA, tit.
VI, subt. E § 60501.
Section 4.03 Federal Obligations.
(a) If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then:
1) this agreement apportions for the budget period the amount listed in section 1 of schedule D as the NAE Grant Amount and sections 4.3(c)–4.3(h) do not apply to this agreement;
2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, per the process and procedures detailed in the Local Assistance FYs 2023 Neighborhood Access and Equity Grant Program
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Procedures Manual (LAPM) for the amount of funding and the phase of work specified in Schedule D of the USDOT Agreement; and
3) the federal reimbursable work on Project shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
(b) If the Federal Obligation Type identified in section 2 of schedule D is “Multiple,” then:
1) an amount up to the NAE Grant Amount listed in section 1 of schedule D will be obligated with one initial authorization and one or more subsequent, optional authorizations, as described in sections 4.3(c)–4.3(h). 2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, for the amount of funding and phase of work specified in Schedule D of the USDOT Agreement, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM). The Request for Authorization submitted by the Designated Subrecipient to the Recipient shall not exceed the amount obligated to the project by FHWA and Section 4.03(a) of shall not apply to this Agreement. 3) the NAE federal reimbursable work on any Project phase of work shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
(c) The Obligation Condition Table in section 2 of schedule D of the USDOT Agreement allocates the NAE Grant among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2 of schedule B of the USDOT Agreement. (d) The USDOT Agreement apportions for the budget period only the amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table does not list an obligation condition.
(e) The USDOT Agreement does not apportion amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only as described in sections 4.03(f) and 4.03(g), or by modifying this agreement under article 15.
(f) For each portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, the amount allocated in that table to that portion of the Project is apportioned and may be authorized by the Designated Subrecipient if the parties execute an instrument, in the form provided in Exhibit D, documenting that:
1) the USDOT and Recipient determine that the obligation condition listed in that table for that portion of the Project is satisfied;
2) the USDOT and Recipient determine that all applicable Federal requirements for obligating the amount are satisfied; and
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3) the Designated Subrecipient states that it is not required to request a modification of the USDOT Agreement under article 5 of this Agreement.
(g) The Designated Subrecipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is apportioned under section 4.03(f) and authorized by the FHWA. (h) The Designated Subrecipient acknowledges that the USDOT and the Recipient are not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.03(f).
Section 4.04 Budget Period.
(a) The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 1 of schedule C. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
Section 4.05 Period of Performance.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
(b) Reserved.
(c) In this Agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.
Article V. STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES Section 5.01 Notification Requirement.
(a) The Designated Subrecipient shall notify all USDOT representatives who are identified in section 5 of schedule A and all Recipient representatives in section 3 of schedule A in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Designated Subrecipient’s plan to complete the Project. (b) In the notification under section 5.01(a), the Designated Subrecipient shall describe the change and what actions the Designated Subrecipient has taken or plans to take to ensure completion of the Project.
(c) This notification requirement under this section 5.01 is separate from any requirements under this article 5 that the Designated Subrecipient request modification of this agreement.
Section 5.02 Scope and Statement of Work Changes.
(a) If the Project’s activities differ from the activities described in schedule B of the USDOT Agreement, then the Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule B.
Section 5.03 Schedule Changes.
(a) If one or more of the following conditions are satisfied, then the Designated Subrecipient shall request a modification of this agreement to update schedule C:
1) a completion date for the Project or a component of the Project is listed in section 2, schedule C of the USDOT Agreement and the Designated Subrecipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C of the USDOT Agreement; or
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2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C of the USDOT Agreement. (b) For other schedule changes, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and the Recipient, and document the changes in writing.
Section 5.04 Budget Changes.
(a) The Designated Subrecipient acknowledges that if the cost of completing the Project increases:
1) that increase does not affect the Designated Subrecipient’s obligation under this agreement to complete the Project; and
2) the USDOT and the Recipient will not increase the amount of this award to address any funding shortfall.
(b) The Designated Subrecipient shall request a modification of the USDOT Agreement to update to update schedule D if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D of the USDOT Agreement:
1) the total “Non-Federal Funds” amount decreases; or
2) the total eligible project costs amount decreases.
(c) For budget changes that are not identified in section 5.04(b), the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and the Recipient, and document the changes in writing. (d) If there are Project Cost Savings, then the Designated Subrecipient may propose to the USDOT and the Recipient, in writing consistent with the Administering Operating Administration’s and the Recipient's requirements, to include in the Project, specific additional activities that are within the scope of this award, as defined in section 1.01 of this Agreement and schedule B of the USDOT Agreement, and that the Designated Subrecipient could complete with the Project Cost Savings. In this agreement, “Project Cost Savings” means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement. (e) If there are Project Cost Savings and either the Designated Subrecipient does not make a proposal under section 5.04(d) of this Agreement, or the Recipient does not accept the proposal under section 5.04(d) of this Agreement, or the USDOT does not accept the Designated Subrecipient’s proposal under section 5.4(d) of the USDOT Agreement then:
1) in a request under section 5.04(b), the Designated Subrecipient shall reduce the Federal Share by the Project Cost Savings; and
2) if that modification reduces this award and the USDOT or Recipient had reimbursed costs exceeding the revised award, the Designated Subrecipient shall refund to the USDOT and Recipient the difference between the reimbursed costs and the revised award. In this agreement, “Federal Share” means the sum of the total “NAE Funds” FYs 2023 Neighborhood Access and Equity Grant Program
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and “Other Federal Funds” amounts that are listed in section 3 of schedule D of the USDOT Agreement.
(f) The Designated Subrecipient acknowledges that amounts that are required to be refunded under section 5.4(e)(2) constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901).
Section 5.05 USDOT and Recipient Acceptance of Changes. (a) The USDOT may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RCN Program and the USDOT. (b) The Recipient may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RCN Program and the Recipient.
Section 5.06 Designated Subrecipient acknowledgement
(a) The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless the Recipient accepts that modification request and the parties modify this agreement under section
15.01 of this Agreement.
(b) The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement the USDOT Agreement unless the USDOT and Recipient both accept that modification request and the parties modify the USDOT Agreement under section 15.1 of the USDOT Agreement.
Article VI. GENERAL REPORTING TERMS
Section 6.01 Report Submission.
(a) The Designated Subrecipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 5 of schedule A of the USDOT Agreement, all USDOT contacts who are listed in section 2.02 of this Agreement, and all Recipient Contacts listed in Section 3 of schedule A of the USDOT Agreement.
Section 6.02 Alternative Reporting Methods.
(a) The Administering Operating Administration and Recipient may establish processes for the Designated Subrecipient to submit reports required by this agreement, including electronic submission processes.
(b) If the Designated Subrecipient is notified of those processes in writing, the Designated Subrecipient shall use the processes required by the Administering Operating Administration and the Recipient.
Section 6.03 Paperwork Reduction Act Information.
(a) Under 5 C.F.R. 1320.6, the Designated Subrecipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”).
(b) Notwithstanding any other term of this agreement, the due date for any information collections required under this agreement, including the reporting requirements in articles 7 and 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection.
Article VII. PROGRESS AND FINANCIAL REPORTING
Section 7.01 Quarterly Project Progress Reports and Recertifications.
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(a) On or before the 20th day of the first month of each calendar year quarter and until the end of the period of performance, the Designated Subrecipient shall submit to the USDOT and the Recipient a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C.
(b) If the date of this agreement is in the final month of a calendar year quarter, then the Designated Subrecipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.
Section 7.02 Final Progress Reports and Financial Information. (a) No later than 120 days after the end of the period of performance, the Designated Subrecipient shall submit:
1) a Final Project Progress Report and Recertification in the format and with the content described in exhibit C for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and 2) any other information required under the Administering Operating Administration’s and the Recipient's award closeout procedures.
Article VIII. PERFORMANCE REPORTING
Section 8.01 Baseline Performance Measurement.
(a) If the Capital-Planning Designation in of schedule F of the USDOT Agreement is “Capital” or "Capital Construction" then:
1) before the start of construction on the Project but not earlier than one year before the start of construction on the Project, the Designated Subrecipient shall collect baseline data for each performance measure that is enumerated in schedule G of the USDOT Agreement; and
2) not later than January 31 of the calendar year that begins after the Designated Subrecipient collects baseline data under section 8.01(a) of this Agreement, the Designated Subrecipient shall submit a Baseline Performance Measurement Report containing the data collected under section 8.01(a), stating the dates when the data was collected, and describing, in detail, the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is enumerated in schedule G of the USDOT Agreement.
Section 8.02 Post-construction Performance Measurement. (a) If the Capital-Planning Designation in schedule F of the USDOT Agreement is "Capital" or "Capital Construction" then:
1) for each performance measure that is enumerated in schedule G and has a quarterly measurement frequency, for each of 19 consecutive calendar quarters, beginning with the first calendar quarter that begins after the Project substantial completion date, at least once during the quarter, the Recipient shall collect data for that performance measure; and
2) for each performance measure that is enumerated in schedule G of the USDOT Agreement and has an annual measurement frequency, the Designated Subrecipient shall collect data for that performance measure on at least five separate occasions:
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i) once during the three consecutive calendar quarters that begin after the Project substantial completion date;
ii) once during the fourth calendar quarter after the first collection; iii) once during the eighth calendar quarter after the first collection; iv) once during the twelfth calendar quarter after the first collection; and v) once during the sixteenth calendar quarter after the first collection. (b) Not later than January 31 of each year that follows a calendar year during which data was collected under section 8.02(a) of this Agreement, the Designated Subrecipient shall submit to the USDOT and the Recipient a Post-construction Performance Measurement Report containing the data collected under section 8.02(a) of this Agreement in the previous calendar year and stating the dates when the data was collected. (c) If an external factor significantly affects the value of a performance measure collected under section 8.02(a) of this Agreement, then the Designated Subrecipient shall identify that external factor in the Post-construction Performance Measurement Report described in section 8.02(b) of this Agreement and discuss the external factor’s influence on the performance measure.
Section 8.03 Project Outcomes Report.
(a) If the Capital-Planning Designation in section 1 of schedule F of the USDOT Agreement is “Capital Construction,” then the Designated Subrecipient shall submit to the USDOT, not later than January 31 of the year that follows the final calendar year during which data was collected under section 8.02(a) of this Agreement, a Project Outcomes Report that contains:
1) an analysis of the impacts of the project, including a comparison of the baseline performance measurement data collected under section 8.01 of this Agreement with the post-construction performance measurement data that the Designated Subrecipient reported in the final Post-construction Performance Measurement Report required under section 8.02(b) of this Agreement; 2) for each performance measure that is enumerated in schedule G of the USDOT Agreement, an analysis of the accuracy of the projected outcome listed in schedule G of the USDOT Agreement; and
3) all data collected under sections 8.01 and 8.02(a) of this Agreement.
Section 8.04 General Performance Measurement Requirements. (a) For each performance measure that is enumerated in schedule G of the USDOT Agreement, the Designated Subrecipient shall ensure that all data collections under article 8 of this Agreement are completed in a manner consistent with the description, location, and other attributes associated with that performance measure in schedule G of the USDOT Agreement.
Section 8.05 Outcome Measurement and Reporting Survival. (a) The data collection and reporting requirements in article 8 of this Agreement survive the termination of this agreement.
Article IX. Noncompliance and Remedies
Section 9.01 Noncompliance Determinations.
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(a) If the USDOT or the Recipient determine that the Designated Subrecipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, the USDOT or the Recipient may notify the Designated Subrecipient of a proposed determination of noncompliance. For that notice to be effective, it must be written and the USDOT or the Recipient must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Designated Subrecipient may respond to the notice.
(b) If the USDOT or Recipient notifies the Designated Subrecipient of a proposed determination of noncompliance under section 9.01(a) of this Agreement, the Designated Subrecipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Designated Subrecipient may:
1) accept the remedy;
2) acknowledge the noncompliance, but propose an alternative remedy; or 3) dispute the noncompliance. To dispute the noncompliance, the Designated Subrecipient must include in its response documentation or other information supporting the Designated Subrecipient’s compliance.
(c) The USDOT or the Recipient may make a final determination of noncompliance only:
1) after considering the Designated Subrecipient’s response under section 9.01(b); or 2) if the Designated Subrecipient fails to respond under section 9.01(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT or the Recipient must provide to the Designated Subrecipient a notice that states the basis for that determination.
Section 9.02 Remedies.
(a) If the USDOT or the Recipient makes a final determination of noncompliance under section 9.01, the USDOT or the Recipient may impose a remedy, including:
1) adding conditions or modifying existing conditions on the award; 2) any remedy permitted under 2 C.F.R. 200.339-200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Designated Subrecipient to the USDOT via the Recipient; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or 3) any other remedy legally available.
(b) To impose a remedy, the USDOT or Recipient must provide to the Designated Subrecipient a written notice that describes the remedy, but the USDOT or Recipient may make the remedy effective before the Designated Subrecipient receives that notice.
(c) If the USDOT or Recipient determine that it is in the public interest, the USDOT or Recipient may impose a remedy, including all remedies described in section 9.02(a) of this Agreement, before making a final determination of noncompliance under section
9.01 of this Agreement. If USDOT or Recipient do so, then the notice provided under FYs 2023 Neighborhood Access and Equity Grant Program
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section 9.01(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 9.02 or making a public interest determination under section 9.02(c), the USDOT or the Recipient may elect to consider the interests of only the USDOT or the Recipient, respectively.
(e) The Designated Subrecipient acknowledges that amounts that the USDOT or Recipient require the Designated Subrecipient to refund to the USDOT or Recipient, due to a remedy under this section 9.02 constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901).
Section 9.03 Other Oversight Entities.
(a) Nothing in this article 9 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
Article X. AGREEMENT TERMINATION
Section 10.01 Recipient Termination.
(a) The Recipient may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
1) the Designated Subrecipient fails to timely obtain or timely provide any non-NAE Grant contribution or alternatives approved by the USDOT and the Recipient as provided in this agreement and consistent with schedule D of the USDOT Agreement; 2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Designated Subrecipient fails to meet that milestone by six months after the date listed in section 2 of schedule C; 3) the Designated Subrecipient fails to meet a milestone listed in section 3 of schedule C by the deadline date listed in that section for that milestone; 4) the Designated Subrecipient fails to comply with the terms and conditions of this Agreement, including a material failure to comply with the project schedule in schedule C even if it is beyond the reasonable control of the Designated Subrecipient; 5) circumstances cause changes to the Project that the USDOT or Recipient determines are inconsistent with the USDOT's basis for selecting the Project to receive a NAE Grant; or
6) the USDOT or Recipient determines that termination of this agreement is in the public interest.
(b) In terminating this agreement under this section, the Recipient may elect to consider only the interests of the Recipient.
(c) This section 10.01 does not limit the Recipient’s ability to terminate this agreement as a remedy under section 9.02.
(d) The Designated Subrecipient may request that the Recipient terminate the agreement under this section 10.01.
Section 10.02 Closeout Termination.
(a) This Agreement terminates on Project Closeout.
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(b) In this Agreement, “Project Closeout” means the date that the USDOT informs the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.
Section 10.03 Post-Termination Adjustments.
(a) The Designated Subrecipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT's or Recipient's authority to disallow costs, including costs that the USDOT or Recipient reimbursed before termination, and recover funds from the Designated Subrecipient.
Section 10.04 Non-Terminating Events.
(a) The end of the budget period described under section 4.04 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (b) The end of the period of performance described under section 4.05 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (c) The cancellation of funds under section 14.02 does not terminate this agreement or the Designated Subrecipient’s obligations under this agreement.
Section 10.05 Other Remedies.
(a) The termination authority under this article 10 supplements and does not limit the USDOT's and Recipient's remedial authority under article 9 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
Article XI. MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS Section 11.01 Recipient Monitoring and Record Retention. (a) The Designated Subrecipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
1) that those activities comply with this agreement; and 2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(e).
(c) The Designated Subrecipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
Section 11.02 Financial Records and Audits.
(a) The Designated Subrecipient shall keep all project accounts and records that fully disclose the amount and disposition by the Designated Subrecipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project. (b) The Designated Subrecipient shall keep accounts and records described under section
11.02(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.302–200.307, 2 C.F.R. 200 subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501– 7506.
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(c) The Designated Subrecipient shall separately identify expenditures under the fiscal year 2023 NAE Program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Designated Subrecipient shall:
1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. 200 subpart F, including “FY 2023” in the program name; and
2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2023” in column c (“Additional Award Identification”).
Section 11.03 Internal Controls.
(a) The Designated Subrecipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
Section 11.04 USDOT Record Access.
(a) The USDOT and the Recipient may access Designated Subrecipient records related to this award under 2 C.F.R. 200.337.
Section 11.05 Oversight Responsibilities.
(a) This award is subject to the oversight requirements of title 23, United States Code.
Article XII. CONTRACTING AND SUBAWARDS
Section 12.01 Minimum Wage Rates.
(a) The Designated Subrecipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with 23 U.S.C. 113, that contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
Section 12.02 Buy America.
(a) Steel, Iron, and Manufactured Products.
1) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as implemented by the Federal Highway Administration. 2) The Designated Subrecipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b).
(b) Construction Materials.
1) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FHWA.
2) 2) The Designated Subrecipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(c) Buy America Preference.
1) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Designated Subrecipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or FYs 2023 Neighborhood Access and Equity Grant Program
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materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
2) The Designated Subrecipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.
Section 12.03 Small and Disadvantaged Business Requirements. (a) If any funds under this award are administered by or through a State Department of Transportation, the Designated Subrecipient shall expend those funds in compliance with the requirements at 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). (b) If any funds under this award are not administered by or through a State Department of Transportation, the Designated Subrecipient shall expend those funds in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms”).
Section 12.04 Engineering and Design Services.
(a) As applicable, the Designated Subrecipient shall award each contract or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), or an equivalent qualifications-based requirement prescribed for or by the Designated Subrecipient and approved in writing by the USDOT.
Section 12.05 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
(a) The Designated Subrecipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Designated Subrecipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
Section 12.06 Pass-through Entity Responsibilities.
(a) If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.
Section 12.07 Subaward and Contract Authorization.
(a) If the USDOT Office for Subaward and Contract Authorization identified in section 7 schedule A is “FHWA Division,” then the Designated Subrecipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I. (b) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Office of Acquisition and Grants Management,” then the Designated Subrecipient shall obtain prior written approval from the USDOT agreement officer pursuant to 2 C.F.R. 200.308, 2 C.F.R. 200.333, and 23 C.F.R. part 172, as applicable, and provide a copy of this written approval to the Recipient, for the FYs 2023 Neighborhood Access and Equity Grant Program
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subaward or contracting out of any work under this agreement. Unless otherwise specified in writing by the agreement officer, approvals under 2 C.F.R. 200.308 will be contingent upon a fair and reasonable price determination on the part of the Designated Subrecipient and the agreement officer’s concurrence on that determination. Approvals under 2 CFR 200.308(f)(6) do not apply to the acquisition of supplies, material, equipment, or general support services.
Article XIII. COSTS, PAYMENTS, AND UNEXPENDED FUNDS
Section 13.01 Limitation of Federal Award Amount.
(a) Under this award, the USDOT and Recipient shall not provide funding greater than the amount obligated under section 4.03.
(b) The Designated Subrecipient acknowledges that the USDOT and the Recipient is not liable for payments exceeding that amount, and the Designated Subrecipient shall not request reimbursement of costs exceeding that amount.
Section 13.02 Projects Costs.
(a) This award is subject to the cost principles at 2 C.F.R. 200 subpart E, including provisions on determining allocable costs and determining allowable costs.
Section 13.03 Timing of Project Costs.
(a) The Designated Subrecipient shall not charge to this award costs that are incurred after the budget period.
(b) The Designated Subrecipient shall not charge to this award costs that were incurred before the date of this agreement unless those costs are identified in section 5 of schedule D and would have been allowable if incurred during the budget period. This limitation applies to costs incurred under an advance construction authorization (23 U.S.C. 115), costs incurred prior to authorization (23 C.F.R. 1.9(b)), and pre-award costs under 2 C.F.R. 200.458.
(c) This agreement hereby terminates and supersedes any previous USDOT and Recipient approval for the Designated Subrecipient to incur costs under this award for the Project. (d) Section 5 of schedule D is the exclusive USDOT approval of costs incurred before the date of this agreement.
Section 13.04 Designated Subrecipient Recovery of Federal Funds. (a) The Designated Subrecipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT or Recipient determine, after consultation with the Designated Subrecipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award.
(b) The Designated Subrecipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT and Recipient.
Section 13.05 Unexpended Federal Funds.
(a) Any Federal funds that are awarded at section 4.01 but not expended on allocable, allowable costs remain the property of the United States.
Section 13.06 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the NAE program.
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(b) The Designated Subrecipient shall not request reimbursement of a cost before the Designated Subrecipient has entered into an obligation for that cost.
Section 13.07 Payment Method.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Designated Subrecipient shall follow FMIS procedures to request and receive reimbursement payments under this award.
Article XIV. LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY Section 14.01 Liquidation of Recipient Obligations.
(a) The Designated Subrecipient shall liquidate all obligations of award funds under this agreement not later than 120 days after the end of the period of performance. (b) Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. 200.344–200.346.
Section 14.02 Funds Cancellation.
(a) NAE Program funding that is obligated for this award under section 4.03 remains available until expended.
Article XV. AGREEMENT MODIFICATIONS
Section 15.01 Bilateral Modifications.
(a) The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the Recipient and the Designated Subrecipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
(b) The USDOT Agreement may be amended, modified, or supplemented by mutual agreement in writing, signed by the FHWA and the Recipient. The Designated Subrecipient may request to amend, modify, or supplement the USDOT Agreement by written notice to the FHWA and the Recipient.
Section 15.02 Contact Modifications.
(a) The Recipient may update the contacts who are listed in section 3 of schedule A by written notice to the USDOT contacts who are listed in section 5 of schedule A, the USDOT contacts who are listed in section 2.02, and the Designated Subrecipient contacts in section 9 of the USDOT Agreement.
(b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.02 by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.
(c) The Designated Subrecipient may update the contacts who are listed in section 9 of schedule A by written notice to the Recipient and USDOT.
Section 15.03 Provisions that Conflict with Federal law. (a) If any provision of this Agreement conflicts with Federal law including the Program Statute, then the Federal law prevails.
(b) Either party may notify the other party upon discovery that a provision conflicts with Federal law and the parties may agree to amend this Agreement in accordance with section 20.01.
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(c) Either party must provide written notice to the other party when it acts or refuses to act where its action or inaction conflicts with a provision of this Agreement but complies with Federal law.
Section 15.04 Other Modifications.
(a) The parties shall not amend, modify, or supplement the USDOT Agreement or this Agreement except as permitted under sections 15.01, 15.02, or 15.03. (b) If an amendment, modification, or supplement is not permitted under sections 15.01,
15.02, or 15.03, it is void.
Article XVI. CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
Section 16.01 Climate Change and Environmental Justice. (a) Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), schedule H documents the consideration of climate change and environmental justice impacts of the Project.
Article XVII. RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Section 17.01 Racial Equity and Barriers to Opportunity. (a) Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), schedule I documents activities related to the Project to improve equity and reduce barriers to opportunity.
Section 17.02 Community Engagement Activities.
(a) This provision is applicable to only Capital Construction Grants and Regional Partnership Challenge Grants, not Planning Grants.
(b) The USDOT has determined that, for the purpose of the requirement stated in section F.2.i of the NOFO, through the activities documented in section 3 of schedule I, the Designated Subrecipient has sufficiently considered community engagement related to the Project.
Section 17.03 Activities to Safeguard Affordability.
(a) This provision is applicable to only Capital Construction Grants and Regional Partnership Challenge Grants, not Planning Grants.
(b) The USDOT has determined that, for the purpose of the requirement stated in section F.2.i of the NOFO, through the activities documented in section 4 of schedule I, the Designated Subrecipient has sufficiently considered safeguards to retain affordability for existing residents and businesses in the Project area and surrounding communities.
Article XVIII. LABOR AND WORK
Section 18.01 Labor and Work.
(a) Consistent with Executive Order 14025, “Worker Organizing and Empowerment” (Apr. 26, 2021), and Executive Order 14052, “Implementation of the Infrastructure Investment and Jobs Act” (Nov. 15, 2021), schedule J documents the consideration of job quality and labor rights, standards, and protections related to the Project.
Section 18.02 OFCCP Mega Construction Project Program.
(a) If the total eligible project costs that are listed in section 3 of schedule D are greater than $35,000,000 and the Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) selects this award for participation in the Mega Construction FYs 2023 Neighborhood Access and Equity Grant Program
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Project Program, then the Designated Subrecipient shall partner with OFCCP and the Recipient, as requested by OFCCP or the Recipient.
Article XIX. Reserved.
Article XX. CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE Section 20.01 Critical Infrastructure Security and Resilience. (a) Consistent with Presidential Policy Directive 21, “Critical Infrastructure Security and Resilience” (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the Designated Subrecipient shall consider physical and cyber security and resilience in planning, design, and oversight of the Project.
(b) If the Security Risk Designation in section 5 Schedule F is “Elevated,” then, not later that than two years after the date of this agreement, the Designated Subrecipient shall submit to the USDOT a report that:
1) identifies a cybersecurity Point of Contact for the transportation infrastructure being improved in the Project;
2) summarizes or contains a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project;
3) summarizes or contains a cybersecurity incident response plan for the transportation infrastructure being improved in the Project;
4) documents the results of a self-assessment of the Designated Subrecipient’s cybersecurity posture and capabilities; and
5) describes any additional actions that the Designated Subrecipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project.
Article XXI. FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY
REQUIREMENTS
Section 21.01 Uniform Administrative Requirements for Federal Awards. (a) The Designated Subrecipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
Section 21.02 Federal Law and Public Policy Requirements. (a) The Designated Subrecipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of this agreement to expressly identify Federal law applicable to the Designated Subrecipient or activities under this agreement does not make that law inapplicable.
Section 21.03 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Designated Subrecipient acknowledges that the Technical Application and materials submitted to the USDOT or the Recipient by the Designated Subrecipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.
Section 21.04 History of Performance.
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(a) Under 2 C.F.R 200.206, any Federal agency may consider the Designated Subrecipient’s performance under this agreement, when evaluating the risks of making a future Federal financial assistance award to the Designated Subrecipient.
Section 21.05 Whistleblower Protection.
(a) The Designated Subrecipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Designated Subrecipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Designated Subrecipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.
Section 21.06 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 27, this agreement includes the following additional terms as integral parts:
1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; 3) 2 C.F.R. Part 175: Award Term for Trafficking in Persons; and 4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Designated Subrecipient shall comply with:
1) 49 C.F.R. part 20: New Restrictions on Lobbying;
2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; 3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
Section 21.07 Incorporated Certifications.
(a) The Designated Subrecipient makes the statements in the following certifications, which are incorporated by reference:
1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
Article XXII. ASSIGNMENT
Section 22.01 Assignment Prohibited.
(a) The Designated Subrecipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.
Article XXIII. Reserved.
Article XXIV. WAIVER
Section 24.01 Waivers.
(a) A waiver of a term of this Agreement granted by the Recipient will not be effective unless it is in writing and signed by an authorized representative of the Recipient.
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(b) A waiver of a term of this agreement granted by the Recipient on one occasion will not operate as a waiver on other occasions.
(c) If the Recipient fails to require strict performance of a term of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that term or breach.
Article XXV. ADDITIONAL TERMS AND CONDITIONS
Section 25.01 Effect of Economically Disadvantaged Community Designation. (a) If section 2 of schedule F lists “Yes” for the “Economically Disadvantaged Community Designation,” then based on information that the Designated Subrecipient provided to the USDOT, including the Technical Application, the USDOT determined that the Project will benefit an economically disadvantaged community, as defined in section H.1 of the NOFO.
Section 25.02 Disclaimer of Federal Liability.
(a) The USDOT and the Recipient shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.
Section 25.03 Relocation and Real Property Acquisition. (a) To the greatest extent practicable under State law, the Designated Subrecipient shall comply with the land acquisition policies in 49 C.F.R. 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Designated Subrecipient shall provide a relocation assistance program offering the services described in 49 C.F.R. 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. 24 subparts D–E. (c) The Designated Subrecipient shall make available to displaced persons comparable replacement dwellings in accordance with 49 C.F.R. 24.
Section 25.04 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Designated Subrecipient, or a subrecipient to the Designated Subrecipient, acquires equipment under the Grant Program award, then when that equipment is no longer needed for the Project:
1) if the entity that acquired the equipment is a State, the State, shall dispose of that equipment in accordance with State laws and procedures; and 2) if the entity that acquired the equipment is an Indian Tribe, the Indian Tribe shall dispose of that equipment in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance in 2 C.F.R. 200.313; and
3) if the entity that acquired the equipment is neither a State nor an Indian Tribe, that entity shall request disposition instructions from the Administering Operating Administration and Recipient.
(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.310–200.316 and 2 C.F.R. 1201.313.
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(c) The Designated Subrecipient shall ensure compliance with this section 25.04 for all tiers of subawards under this award.
Section 25.05 Environmental Review.
(a) In this section, “Environmental Review Entity” means:
1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and
2) for all other cases, FHWA.
(b) Except as authorized under section 25.05(c), the Designated Subrecipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
2) if the Environmental Review Entity is not the Designated Subrecipient , the Environmental Review Entity provides the Designated Subrecipient with written notice that the environmental review process is complete. (c) If the Designated Subrecipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Designated Subrecipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Designated Subrecipient acknowledges that:
1) the Environmental Review Entity’s actions under section 25.06(a) depend on the Designated Subrecipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and 2) applicable environmental statutes and regulation may require the Designated Subrecipient to prepare and submit documents to other Federal, State, and local agencies.
(e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Designated Subrecipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in schedule B and other information described in the USDOT Agreement may inform environmental decision-making processes, but the parties do not intend the USDOT Agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with schedule B or other information in this agreement, then:
1) the parties may amend the USDOT Agreement under section 15.01 for consistency with the selected build alternative; or
2) if the USDOT or Recipient determine that the condition at section 10.01(a)(5) in this Agreement is satisfied, the Recipient may terminate the this Agreement under section 10.01(a)(5).
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(g) The Designated Subrecipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.
Section 25.06 Railroad Coordination.
(a) If section 3 of schedule C includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Designated Subrecipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.
Article XXVI. MANDATORY AWARD INFORMATION
Section 26.01 Information Contained in a Federal Award. (a) For 2 C.F.R. 200.211:
1) the “Federal Award Date” is the date of this agreement, as defined under section
28.02;
2) the “Assistance Listings Number” is 20.205 and the “Assistance Listings Title” is “Neighborhood Access and Equity (NAE) Discretionary Grant Program”; and 3) this award is not for research and development.
Section 26.02 Federal Award Identification Number.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS for the Designated Subrecipient once generated.
Section 26.03 Recipient’s Unique Entity Identifier.
(a) If the FHWA Payment System identified in schedule A is "FMIS" or “FMIS Current Bill,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.400, is available in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS for the Designated Subrecipient.
Section 26.04 Budget Period.
(a) In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
Article XXVII. CONSTRUCTION AND DEFINITIONS
Section 27.01 Schedules.
(a) This agreement includes the following schedules as integral parts Schedule A Administrative Information
Schedule B Project Activities
Schedule C Award Dates and Project Schedule
Schedule D Award and Project Financial Information
Schedule E Changes from Application
Schedule F NAE Program Designations
Schedule G NAE Performance Measurement Information
Schedule H Climate Change and Environmental Justice Impacts Schedule I Racial Equity and Barriers to Opportunity
Schedule J Labor and Work"
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
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Section 27.02 Exhibits.
(a) The following exhibits, which are located in the document titled “U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 Reconnecting Communities Pilot Program/Neighborhood Access and Equity Program (RCN): FHWA Projects,” dated April 8, 2024, and available at https://www.transportation.gov/grants/reconnecting-communities/reconnectingcommunities-grant-agreements, are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content Exhibit D Form for Subsequent Obligation of Funds"
Section 27.03 Construction.
(a) In these General Terms and Conditions:
1) unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions;
2) a reference to a section or other subdivision of a schedule listed in section 25.1 will expressly identify the relevant schedule; and
3) there are no references to articles or sections in project-specific portions of the agreement that are not contained in schedules listed in section 25.1. (b) If a provision in these General Terms and Conditions or the exhibits conflicts with a provision in the project-specific portion of the agreement, then the project-specific portion of the agreement prevails. If a provision in the exhibits conflicts with a provision in these General Terms and Conditions, then the provision in these General Terms and Conditions prevails.
Section 27.04 Integration.
(a) This agreement constitutes the entire agreement of the parties relating to the NAE Program and awards under that program for the Project and supersedes any previous agreements, oral or written, relating to the NAE Program and awards under that program for the Project.
Section 27.05 Definitions.
(a) In this agreement, the following definitions apply:
“Administering Operating Administration” means the FHWA. “Capital Construction Grant” means this project will remove, retrofit, mitigate, or replace an existing eligible dividing transportation facility with a new facility that reconnects communities; mitigates a burdening transportation facility that is a source of air pollution, noise, stormwater, heat, or other burdens; or implements a strategy to reduce environmental harm and/or improve access through transportation improvements.
“Community Planning Grant” means this project will conduct planning activities for future construction projects and allow for innovative community planning to address localized transportation challenges.
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
P a g e 27 | 29
“General Terms and Conditions” means this Agreement.
“NAE Grant” refers to an award of funds made available via the Section 60501 of the Inflation Reduction Act (Pub. L. 117-169, August 16, 2022, “Inflation Reduction Act” or IRA).
“Program Statute” means the collective statutory text:
(1) at IRA, tit. VI, subt. E § 60501; and
(2) all other provisions of that act that apply to amounts appropriated under that paragraph.
“Project” means the project proposed in the Technical Application, as modified by the negotiated provisions of the USDOT Agreement.
“NAE Grant” means an award of funds that were made available under the NOFO. “Regional Partnerships Challenge Grants” means a project led by two or more eligible applicants to address a persistent regional challenge related to equitable access and mobility. Eligible activities for Regional Partnerships Challenge Grants are the same as those listed under Capital Construction and Community Planning Grants but must have a regional focus, and clearly demonstrate regional coordination and leveraging of local, State, and Federal resources and policies. See Section C for further eligibility information.
“Technical Application” means the application identified in section 1 of schedule A of the USDOT Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
Article XXVIII. AGREEMENT EXECUTION AND EFFECTIVE DATE
Section 28.01 Counterparts.
(a) This Agreement may be executed in counterparts, which constitute one document. (b) The parties intend each countersigned original to have identical legal effect.
Section 28.02 Effective Date.
(a) This Agreement will become effective when all parties have signed it and the USDOT Agreement is executed.
(b) The date of this agreement will be the date this agreement is signed by the last party to sign it or the date the USDOT Agreement is executed, whichever is later. (c) This instrument constitutes an NAE Grant when the Recipient and Designated Subrecipient’s authorized representatives sign it and the USDOT Agreement is executed by FHWA.
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
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DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party’s signature.
CITY OF SAN RAFAEL
“DESIGNATED SUBRECIPIENT”
By:
Cristine Alilovich Date
City Manager
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
April Miller Date
Public Works Director
APPROVED AS TO FORM:
By:
Rob Epstein Date
City Attorney
COUNTERSIGNED:
By:
Paul Navazio Date
Finance Director
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
Rafael Meadows Safe Crossing Pathway Project
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RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party’s signature.
CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:
DEE LAM Date
Chief, Division of Local Assistance
AND
By:
[NAME] Date
District Director
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.a
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Renee Nickenig, Associate Planner
Margaret Kavanaugh-Lynch, Planning Manager
City Manager Approval: ______________
TOPIC: MAJOR ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND AN EXCEPTION TO SPECIFIED HILLSIDE DEVELOPMENT STANDARDS FOR 287 MOUNTAIN VIEW AVENUE
SUBJECT: RESOLUTION TO APPROVE A MAJOR ENVIRONMENTAL AND DESIGN REVIEW (ED24-001) AND EXCEPTION (EX24-003) TO SPECIFIED HILLSIDE DEVELOPMENT
STANDARDS FOR A NEW SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT WITH
A REDUCED FRONT YARD SETBACK, A DECREASED SETBACK FROM THE
GARAGE, AND A REDUCTION OF ONE REQUIRED OFF-STREET GUEST PARKING SPACE AT 287 MOUNTAIN VIEW AVENUE; APN 015-073-10; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3) AND 15303
RECOMMENDATION:
Staff recommends the City Council adopt the resolution to approve a Major Environmental and Design Review (ED24-001) and Exception (EX24-003) to specified hillside development standards for a new single-family residence on a hillside lot with a reduced front yard setback, a decreased setback from the garage, and a reduction of one required off-street guest parking space at 287 Mountain View Avenue.
EXECUTIVE SUMMARY:
The Project consists of a new single-family home and two-car garage, totaling approximately 2,437 square feet, on an approximately 12,220 square foot vacant lot at 287 Mountain View Avenue (“Project”).
The new residence is proposed to be situated towards the front (southeast) of the down-sloped lot. The lot is unusual in two ways: its mostly rectangular shape is modified along the front property line due to a bulb out in the right of way on Mountain View Avenue; and the average slope of 45.64%.
The applicant is requesting a Major Environmental and Design Review Permit and an Exception to specified Hillside Development Standards to allow the construction of a new single-family residence with a reduced front yard setback, a reduced garage setback, and a reduction of one required off-street guest parking space.
' •
, SAN RAFAEL
~ " THE CITY WITH A MISSION
V established 1874
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
BACKGROUND:
The Project requires two entitlements: a Major Environmental and Design Review Permit (San Rafael Municipal Code (SRMC) Chapter 14.25) and an Exception from the applicable front yard setback requirement, garage setback requirement, and parking requirement specified in the Hillside development standards (SRMC Chapter 14.12). The Planning Commission is typically the decision-making body for Major Environmental and Design Review Permits (SRMC Chapter 14.25.020(A); 14.25.040(A)(3)(a)), while the City Council is the decision-making body for an Exception from Hillside development standards. (SRMC Chapter 14.12.040). As City Council review is required for the requested Exception, the City Council will act as the decision-making body for both entitlements (SRMC Section 14.02.020(J)).(SRMC Section 14.02.020(J)).
On January 28, 2025, the Planning Commission convened a Public Hearing to discuss the staff report and recommendation and hear testimony of the applicant and the public. At the Hearing, Alternate Planning Commissioner Kent suggested modifications to the landscape plan for the applicant to consider.
Suggestions included considerations for upcoming changes to the building code and fire safety and a drawn example of how to accomplish the suggestions provided to the applicant. Those suggestions were noted by the Commissioners but are non-binding.
The Planning Commission unanimously moved to accept the staff’s recommendation and adopt the Resolution to recommend that the City Council approve the Project (Resolution No. 24-09, Attachment 2).
Public comment received prior to the January 28, 2025, Planning Commission Hearing was unintentionally omitted from the meeting packet and not addressed at the Hearing. The correspondence received is included in this staff report as Attachment 6 and discussed in the Community Outreach Section of this staff report. Section of this staff report.
ANALYSIS:
The Project is substantially compliant with General Plan 2040 and the San Rafael Municipal Code with three notable exceptions outlined in the discussion below. This includes reduced setbacks for the primary residence and garage and a reduction of one parking space. The analysis is based on the architectural plans submitted August 12, 2024 (Attachment 5).
General Plan 2040
The Project is in accordance with General Plan 2040 as a new single-family residential development within a Low-Density Residential designation (Policies LU-1.8: Density of Residential Development; Policy LU-2.1: Land Use Map and Categories) and in the Dominican/Black Canyon neighborhood (Policy CDP-2.3). If the Project is approved, the Project design will result in minimal grading of the existing hillside and preservation of the existing slope (Policy CDP-1.3: Hillside Protection). The design of the residence takes into consideration the existing configuration of the subject lot and surrounding lots, including the unusual configuration of the street and surrounding building setbacks. The Project has been reviewed and approved by the Building Division and Department of Public Works staff as part of the planning entitlement process. A standard condition of approval has been included to mandate all necessary building and grading permits to ensure that necessary regulations pertaining to structural requirements for hillside construction are met. (Policy S-2.2: Minimize the Potential Effects of Landslides). Please see Attachment 3, General Plan Consistency Table.
San Rafael Municipal Code
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The construction of a single-family residence on the subject parcel is permitted by right in the R-10 Residential Zoning District (R10) pursuant to SRMC Section 14.04.020; please see Attachment 4, Zoning Ordinance Consistency Table. However, this Project requires relief from three of the development standards found in SRMC Sections 14.04.030 (R-10 Residential Zoning District) and 14.12.030 (Hillside Development Overlay District), resulting in the need for the requested entitlements shown in the table below. These standards are noted in the table below with an *. Staff believes that the findings can be made to support the Project as discussed below.
Please note that * indicates the proposed does not meet the minimum standard, and ** indicates an existing nonconforming condition that is not a consideration for the Exception.
SRMC Section 14.04.030 Required Proposed
Minimum lot area (sq. ft.) 10,000 12,220
Minimum lot width (ft.) 75 62.44 (approximate)**
Garage Setback 20 16'-29' (approximate)*
Maximum height of structure (ft.) 30 23
Maximum lot coverage 40% 22% (2,712 sf)
Maximum upper story floor area 75% of lot coverage 20% (978 sf) SRMC Section 14.12.030 Required Proposed
A. Building Stepback
2. On non-downhill slope, walls facing front and
side property lines shall have a twenty-foot (20′)
height limit measured from existing grade shall
be observed within all areas within fifteen feet
(15′) of the maximum building envelope limit. To
allow for design flexibility on non-downhill
slopes, an encroachment into the street front,
street side and interior side stepback is
permitted along twenty-five percent (25%) of
the building length.
20 ft maximum 20 ft maximum
B. Setbacks
Structures may encroach into a required yard or
setback for a distance of not more than one-half
(½) of the required yard or setback, subject to
approval by the hearing body of an
environmental and design review permit, if that
the decrease minimizes the impact of hillside
development and grading. If such a reduction is
granted, a compensating increase in setback is
required in the opposing setback, i.e., a five-foot
reduction in a front yard setback would increase
the rear yard setback by five feet (5').
Front (ft.) 20 10*
Side (ft.) 10 10
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Street Side (ft.) 10 N/A
Rear (ft.) 10 133
C. Natural State
A minimum area of twenty-five percent (25%) of
the lot area plus the percentage figure of
average slope, not to exceed a maximum of
eighty-five percent (85%), must remain in its
natural state. This standard may be waived or
reduced for lots zoned PD (planned district) or
developed with clustered development with the
recommendation of the design review board,
subject to approval by the hearing body. This
requirement does not apply to properties where
the general plan has adopted a medium density
residential or high-density residential land use
designation.
Property Average Slope: 45.64% 70.64% 54%
D. Gross Building Square Footage
The maximum permitted gross building square
footage of all structures (including garages and
accessory structures over one hundred twenty
(120) square feet) is limited to two thousand five
hundred (2,500) square feet plus ten percent
(10%) of the lot area with the maximum gross
square footage set at six thousand five hundred
(6,500) square feet. This requirement does not
apply to properties where the general plan has
adopted a medium density residential or highdensity residential land use designation. 3,722-square feet 2437.65-square feet
E. Ridgeline Development
Development of new structures within one
hundred (100) vertical feet of a visually
significant ridgeline, as shown on the community
design map of the general plan, is prohibited
unless this restriction precludes all reasonable
economic use of the property:
N/A N/A
F. Parking Requirements
Single Family Requirement
Covered 2 2
Uncovered (Guest) 2 1 (reduced by one space) *
G. Lot Standards
Minimum lot sizes and widths for lots created
after November 21, 1991 are subject to the
slope tables established under Chapter 15.07 of
the subdivision ordinance.
N/A N/A
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
H. Street and Driveways
New street and driveway grades shall not
exceed eighteen percent (18%) unless an
exception has been granted by the hearing
body, and the design has been recommended
by the design review board, public works
director and fire marshal to allow a driveway or
street slope up to a maximum twenty-five
percent (25%) grade. Streets and driveways
with slopes over fifteen percent (15%) shall be
a permanent, durable, non-asphalt hardscape
surface. Streets and driveways with slopes over
eighteen percent (18%) shall have
grooves/scoring for traction. A suitable
transition shall be provided at the street and
driveway apron to allow vehicles to safely
transition to/from roadways and parking areas,
as recommended by the department of public
works. Further, the design of the driveway
apron at the garage shall be subject to review
and recommendation from the department of
public works to ensure safe and efficient vehicle
ingress and egress
18% 18% (Maximum)
I. Design Review Requirement
An environmental and design review permit
may be required, consistent with the
requirements of Chapter 14.25, Environmental
and Design Review Permits. All applications
shall be evaluated for conformity with the
Hillside Residential Design Guidelines Manual.
Major Environmental and
Design Review and
Exception (Hillside)
In progress
Reduced Setback (primary structure)
Pursuant to SRMC Section 14.12.030(B), structures may encroach into a required yard or setback for a distance of not more than one-half of the required yard or setback. The R10 zoning district mandates a minimum 20-foot front setback, and this Project proposes to reduce the setback by half to 10 feet. SRMC Section 14.12.030(B) additionally mandates that if a setback reduction is granted, a compensating increase be applied to the opposing setback. As such, granting a reduction of 10 feet in the front yard, an additional 10 feet of setback will be required in the rear yard. The proposed Project complies with this increased rear setback requirement. Staff notes that the Project also shows an entrance stairway to the front porch encroaching into the reduced front setback by three-feet-eight-inches. Stairways may Project up to six feet into any required front yard, including a reduced front yard (SRMC Chapter 14.16.130(A)- (B)).
Reduced Setback (garage)
Pursuant to SRMC Section 14.04.030(B), a minimum 20-foot setback is required for new garages built perpendicular to the street. As shown, the garage will be set back a maximum of 26 feet from the property line at the southwest, and a minimum of approximately 16 feet at the northeast. The reduced setback and location of the driveway apron have been reviewed by the Department of Public Works and staff believe that the Project allows safe access to and from the street.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Parking Reduction (uncovered guest space)
Pursuant to SRMC 14.12.030(F), two additional on-site guest parking spaces are required when parcels are located on streets less than 26 feet wide. The street along the subject property is approximately 21- feet wide towards the south, and so two on-site (covered or uncovered) parking spaces are required in addition to the two covered spaces required for all single-family residential properties.
The Project proposes that these two parking spaces be placed in tandem with the interior garage spaces, as permitted per SRMC Section 14.18.120. However, the proposed reduction of the garage setback would result in the reduction of one of the two guest parking spaces on the proposed driveway to approximately nine feet (9') by sixteen feet (16'), in which case the parking space would not be compliant with SRMC Section 14.18.100(A) mandating that standard size parking spaces shall be nine feet (9') by nineteen feet (19') in dimension. As such, the approval of the Project would result in the construction of one standard parking space and one compact parking space, instead of two standard parking spaces (SRMC Section 14.18.100).
Per SRMC Section 14.12.030(F), the requirement for two additional parking spaces may be waived or reduced by the hearing body when deemed appropriate or necessary to reduce the need for excessive grading or tree removal, and suitable off-site parking is determined to be available. The site is currently vacant with no trees present, and the proposed driveway will be sloped to reduce the need for excessive grading. Multiple site visits by staff indicate that on-street parking is available should the three full parking spaces supplied on site not be sufficient. Additionally, orienting the driveway at a location on the property where the garage would be properly setback would result in vehicles backing out onto the portion of the street less than twenty-six feet (26’) wide as is discouraged by the Code.
Design Review Criteria
In addition to the above objective development standards, the Project was assessed against the design review criteria established in SRMC Section 14.25.050 and is compliant with all relevant elements.
COMMUNITY OUTREACH:
The Project has been duly noticed to the public in accordance with SRMC Chapter 14.29. As of the date of publication of this report, there has been no additional comment received regarding the Project. As noted earlier in the report, one public comment received prior to the January 28, 2025, Planning Commission Hearing was unintentionally omitted from the meeting packet and not addressed at the Hearing. The correspondence received is included in this staff report as Attachment 6. This comment was generally supportive of the Project, though the commenter wanted to note that the Mountain View is very narrow in this area and has been identified for mandated parking restrictions including red paint on the curb in front of their home as well as signage to educate motorists that parking was only allowed on the odd numbered side of the street.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW:
Staff recommends that the City Council find the Project to be exempt from environmental review pursuant to CEQA Guidelines 15061(b)(3) and to Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures) as the activity in question will not have a significant effect on the environment.
FISCAL IMPACT: There is no fiscal impact associated with this staff report.
OPTIONS:
The City Council has the following options to consider on this matter:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
1. Adopt the Resolution to approve a Major Environmental and Design Review (ED24-001) and Exception (EX24-003) to specified hillside development standards for a new single-family residence on a hillside lot with a reduced front yard setback, a decreased setback from the garage, and a reduction of one required off-street guest parking space at 287 Mountain View Avenue.
2. Adopt the Resolution with modifications, changes, or additional conditions of approval.
3. Continue the applications to allow the applicant to address any of the City Council’s comments or concerns
4. Deny the proposed Project and direct staff to return with a revised Resolutions of denial.
RECOMMENDED ACTION:
Staff recommends the City Council adopt the resolution to approve a Major Environmental and Design Review (ED24-001) and Exception (EX24-003) to specified hillside development standards for a new single-family residence on a hillside lot with a reduced front yard setback, a decreased setback from the garage, and a reduction of one required off-street guest parking space at 287 Mountain View Avenue.
ATTACHMENTS:
1. Draft Resolution to Approve a Major Environmental and Design Review (ED24-001) and Exception (EX24-003) to specified hillside development standards for a new single-family residence on a hillside lot with a reduced front yard setback, a decreased setback from the garage, and a reduction of one required off-street guest parking space at 287 Mountain View Avenue.
2. Resolution of the Planning Commission Recommending the City Council Approve the requested Major Environmental and Design Review and Exception to the Hillside Development Standards (Resolution No. 24-09)
3. General Plan Consistency Table
4. Zoning Ordinance Consistency Table
5. Architectural Plans – Submitted August 12, 2024
6. Correspondence
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE REQUESTED MAJOR ENVIRONMENTAL AND DESIGN REVIEW (ED24-001) AND EXCEPTION (EX24-003) TO SPECIFIED HILLSIDE DEVELOPMENT STANDARDS
FOR A NEW SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT WITH A REDUCED
FRONT YARD SETBACK, A DECREASED SETBACK FROM THE GARAGE, AND A
REDUCTION OF ONE REQUIRED OFF-STREET GUEST PARKING SPACE APN: 015-073-10
WHEREAS, on September 13, 2023, Bacilia Macias (Applicant) submitted a request for an Environmental and Design Review Permit and Exception for a proposed new single-family residence (“Project”); and
WHEREAS, on January 28, 2025, the San Rafael Planning Commission held a duly noticed public hearing on the proposed new construction and exception, and unanimously recommended approval to the Project; and
WHEREAS, on April 7, 2025, the San Rafael Council held a duly noticed public hearing on the proposed Environmental and Design Review Permit and Exception for a proposed new single-family residence.
NOW THEREFORE BE IT RESOLVED, the City Council makes the following findings based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter relating to the Environmental and Design Review (ED24-001) and Exception (EX24-003):
ENVIRONMENTAL REVIEW
The Project is exempt from review pursuant to CEQA Guidelines 15061(b)(3) and to Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures) as the activity in question will not have a significant effect on the environment.
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED24-001)
A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter:
The Project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of San Rafael Municipal Code (SRMC), as the Project is in accord with the Low Density Residential designation in General Plan 2040 -
- 2 -
and the policies to support residential building in hillside areas (Policy LU-1.8:
Density of Residential Development; Policy CDP-1.3: Hillside Protection; and Policy C-1.10: Hillside Preservation); the Project is located in the R10 Zoning District where single-family homes are permitted by right; and the Project is being reviewed in accord with the findings required for an environmental and design review (SRMC Section 14.25.090) and an exception from the hillside development standards (SRMC Section 14.12.040).
B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located:
The Project generally conforms with the property development standards for the R10 zoning district (SRMC Section 14.04.030) and for the Hillside Development Overlay District (SRMC Section 14.12.020) and meets the findings required for exceptions to the development standards for which the proposed design does not meet. The Project was assessed against the design review criteria established in SRMC Section 14.25.050 and is compliant with all relevant elements.
C. The project design minimizes adverse environmental impacts:
The Project is limited to the existing graded portion of the site and will not require excessive grading into the hillside.
D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity:
The Project has been reviewed by the Building Division and the Fire Department and the location and orientation of the driveway has been reviewed for safe access by the Department of Public Works.
EXCEPTION (HILLSIDE) FINDINGS
(EX24-003)
A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting:
Limiting the Project to the existing graded portion of the site will avoid excessive grading and preserve the remaining natural hillside; the orientation of the driveway allows for more building area on the site in consideration of the existing condition - 3 -
of the street; and the Project will not exceed the maximum height or stepback requirements for hillside properties.
B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures.
Locating the Project towards the front of the property will preserve the natural hillside in the rear yard as is present along surrounding properties, minimizing visual impacts and protecting significant trees and natural resources.
CONDITIONS OF APPROVAL
(PLAN23-125)
Planning Division
1. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Term of Approval. This Design Review Permit (ED24-001) and Exception (EX24- 003) shall be valid for two years from the date of approval of the City Council and shall be null and void if a building permit is not exercised or a time extension granted prior to the expiration date. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
3. Applicant Responsible for Compliance with Conditions. The applicant shall ensure compliance with all of the following conditions, including submittal to the Project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies.
4. Plans and Representations Become Conditions. All information and representations, whether oral or written, including the building techniques, materials, elevations and appearance of the Project, as presented at the City Council meeting dated April 7, 2025 shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor - 4 -
modifications or revisions to the Project shall be subject to review and approval by Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the Environmental and Design Review Permit.
5. Subject to All Applicable Laws and Regulations. The Project is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to any construction, the applicant shall identify and secure all applicable permits from the Planning and Building Divisions, Public Works Department and other affected City divisions and departments.
6. Construction Hours: Consistent with the City of San Rafael Municipal Code Section
8.13.050.A, construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed holidays. Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, paying of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site.
7. Discovery of Cultural, Archaeological or Paleontological Resources or Human Remains. If, during the course of construction potential resources or remains are found: All work is to stop within 100 feet of the finding and may not continue until the appropriate action listed below is satisfied.
A. If it is a cultural, archaeological or paleontological resource: the City of San Rafael and a qualified archeologist are to be notified immediately. The qualified archeologist will contact Federated Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate evaluation of the find and implement any additional treatment or protection, if required.
No work shall occur in the vicinity until approved by the qualified archeologist, FIGR and Planning staff.
B. If human remains are encountered during any Project-related activity, all work is to halt within 100 feet of the Project and the Project sponsor shall contact both Planning staff and the County Coroner. If the County Coroner determines that the human remains are of Native American origin, the Planning staff shall notify FIGR within 24-hours of such identification who will work with Planning staff to determine the proper treatment of the remains.
8. Notice of Fees Protest The applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. Per California Government Code - 5 -
Section 66020, this 90-day protest period has begun as of the date of the approval of this application.
9. Landscaping Shall Be Maintained. All landscaping included in this Project approval shall be maintained in good condition in perpetuity and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement to the satisfaction of the Director.
10. Landscaping and irrigation plans shall comply with Marin Municipal Water District's (MMWD) water conservation rules and regulations. The Project must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of the San Rafael Municipal Code, the applicant shall prepare a landscape plan and supportive materials that comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a grading permit, the applicant shall provide written verification of plan approval from MMWD.
11. Mechanical Equipment to be Screened. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit.
12. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.
Department of Public Works
13. A plan review letter from the project geotechnical engineer confirming that the project drawings are in conformance with their recommendations will be required prior to building permit issuance.
14. Projects that create or replace over 2,500 square feet of impervious surface are considered small projects and are required to provide a stormwater control plan for small projects in accordance with BASMAA and MCSTOPPP standards prior to building permit issuance.
More information and templates are available from the MCSTOPPP website. See tools and guidance, and post construction requirements at:
https://mcstoppp.org/2020/03/new-andredevelopment/
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15. Prior to start of construction, a grading permit shall be required from the Department of Public Works. Applications can be found on the City’s website:
https://www.cityofsanrafael.org/grading-permits/
16. A minor temporary encroachment permit is required from the Department of Public Works prior to conducting any work within or any time the Public Right-of-Way (ROW) is restricted. This includes placing debris boxes in the street.
Encroachment permits can be applied for online on the city of San Rafael website:https://www.cityofsanrafael.org/encroachment-permits/
17. A construction vehicle impact fee shall be required at the time of building permit issuance, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
Attachment A
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE REQUESTED MAJOR ENVIRONMENTAL AND DESIGN REVIEW (ED24-001) AND EXCEPTION (EX24-003) TO SPECIFIED HILLSIDE DEVELOPMENT STANDARDS
FOR A NEW SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT WITH A REDUCED
FRONT YARD SETBACK, A DECREASED SETBACK FROM THE GARAGE, AND A
REDUCTION OF ONE REQUIRED OFF-STREET GUEST PARKING SPACE APN: 015-073-10
WHEREAS, on September 13, 2023, Bacilia Macias (Applicant) submitted a request for an Environmental and Design Review Permit and Exception for a proposed new single-family residence (“Project”); and
WHEREAS, on January 28, 2025, the San Rafael Planning Commission held a duly noticed public hearing on the proposed new construction and exception, and unanimously recommended approval to the Project; and
WHEREAS, on April 7, 2025, the San Rafael Council held a duly noticed public hearing on the proposed Environmental and Design Review Permit and Exception for a proposed new single-family residence.
NOW THEREFORE BE IT RESOLVED, the City Council makes the following findings based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter relating to the Environmental and Design Review (ED24-001) and Exception (EX24-003):
ENVIRONMENTAL REVIEW
The Project is exempt from review pursuant to CEQA Guidelines 15061(b)(3) and to Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures) as the activity in question will not have a significant effect on the environment.
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED24-001)
A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter:
The Project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of San Rafael Municipal Code (SRMC), as the Project is in accord with the Low Density Residential designation in General Plan 2040 -
- 2 -
and the policies to support residential building in hillside areas (Policy LU-1.8:
Density of Residential Development; Policy CDP-1.3: Hillside Protection; and Policy C-1.10: Hillside Preservation); the Project is located in the R10 Zoning District where single-family homes are permitted by right; and the Project is being reviewed in accord with the findings required for an environmental and design review (SRMC Section 14.25.090) and an exception from the hillside development standards (SRMC Section 14.12.040).
B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located:
The Project generally conforms with the property development standards for the R10 zoning district (SRMC Section 14.04.030) and for the Hillside Development Overlay District (SRMC Section 14.12.020) and meets the findings required for exceptions to the development standards for which the proposed design does not meet. The Project was assessed against the design review criteria established in SRMC Section 14.25.050 and is compliant with all relevant elements.
C. The project design minimizes adverse environmental impacts:
The Project is limited to the existing graded portion of the site and will not require excessive grading into the hillside.
D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity:
The Project has been reviewed by the Building Division and the Fire Department and the location and orientation of the driveway has been reviewed for safe access by the Department of Public Works.
EXCEPTION (HILLSIDE) FINDINGS
(EX24-003)
A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting:
Limiting the Project to the existing graded portion of the site will avoid excessive grading and preserve the remaining natural hillside; the orientation of the driveway allows for more building area on the site in consideration of the existing condition - 3 -
of the street; and the Project will not exceed the maximum height or stepback requirements for hillside properties.
B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures.
Locating the Project towards the front of the property will preserve the natural hillside in the rear yard as is present along surrounding properties, minimizing visual impacts and protecting significant trees and natural resources.
CONDITIONS OF APPROVAL
(PLAN23-125)
1. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Term of Approval. This Design Review Permit (ED24-001) and Exception (EX24- 003) shall be valid for two years from the date of approval of the City Council and shall be null and void if a building permit is not exercised or a time extension granted prior to the expiration date. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
3. Applicant Responsible for Compliance with Conditions. The applicant shall ensure compliance with all of the following conditions, including submittal to the Project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies.
4. Plans and Representations Become Conditions. All information and representations, whether oral or written, including the building techniques, materials, elevations and appearance of the Project, as presented at the City Council meeting dated April 7, 2025 shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the Project shall be subject to review and approval by - 4 -
Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the Environmental and Design Review Permit.
5. Subject to All Applicable Laws and Regulations. The Project is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to any construction, the applicant shall identify and secure all applicable permits from the Planning and Building Divisions, Public Works Department and other affected City divisions and departments.
6. Construction Hours: Consistent with the City of San Rafael Municipal Code Section
8.13.050.A, construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed holidays. Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, paying of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site.
7. Discovery of Cultural, Archaeological or Paleontological Resources or Human Remains. If, during the course of construction potential resources or remains are found: All work is to stop within 100 feet of the finding and may not continue until the appropriate action listed below is satisfied.
A. If it is a cultural, archaeological or paleontological resource: the City of San Rafael and a qualified archeologist are to be notified immediately. The qualified archeologist will contact Federated Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate evaluation of the find and implement any additional treatment or protection, if required.
No work shall occur in the vicinity until approved by the qualified archeologist, FIGR and Planning staff.
B. If human remains are encountered during any Project-related activity, all work is to halt within 100 feet of the Project and the Project sponsor shall contact both Planning staff and the County Coroner. If the County Coroner determines that the human remains are of Native American origin, the Planning staff shall notify FIGR within 24-hours of such identification who will work with Planning staff to determine the proper treatment of the remains.
8. Notice of Fees Protest The applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. Per California Government Code Section 66020, this 90-day protest period has begun as of the date of the approval of this application.
- 5 -
9. Landscaping Shall Be Maintained. All landscaping included in this Project approval shall be maintained in good condition in perpetuity and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement to the satisfaction of the Director.
10. Landscaping and irrigation plans shall comply with Marin Municipal Water District's (MMWD) water conservation rules and regulations. The Project must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of the San Rafael Municipal Code, the applicant shall prepare a landscape plan and supportive materials that comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a grading permit, the applicant shall provide written verification of plan approval from MMWD.
11. Mechanical Equipment to be Screened. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit.
12. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
ATTACHMENT 3
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 1 LAND USE ELEMENT
Policy LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area.
Consistent The project is limited to one new primary dwelling unit on the property.
Policy LU-2-1: Land Use Map and Categories. Use the General Plan Map as the framework for future land use decisions. The Map displays the distribution of different land use categories in the San Rafael Planning Area. Each category is associated with a particular set of uses and densities/ intensity standards. All proposed projects must meet these standards, as well as other applicable standards established by the City’s zoning regulations. Some uses in each category are “conditional,” meaning they are allowed only in limited areas or may be subject to specific conditions Consistent Single-family residential is a permitted use in the Low Density Residential designation.
COMMUNITY DESIGN AND PRESERVATION ELEMENT
Policy CDP-1.3: Hillside Protection. Protect the visual integrity and character of San Rafael’s hillsides and ridgelines. Where hillside construction is permitted, structures should be designed to provide slope and foundation stability, erosion control, and adequate emergency access, drainage and parking. Hillside buildings should be sited to protect the natural landscape, avoid excessive tree loss, and preserve scenic vistas from public vantage points.
ConsistentThe proposed location and orientation of the home will utilize the existing graded portion of the site and will retain the existing hillside.
Policy CDP-2.3: Neighborhood Identity and Character. Recognize, preserve, and enhance the positive qualities that shape neighborhood identity. Development standards should respect neighborhood context and scale and preserve design ConsistentThe proposed project will be generally in character of the surrounding neighborhood in building mass, scale, and relationship to the hillside and streets. The proposed project avoids ATTACHMENT 3
ANALYSIS OF PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2040 2 elements that contribute to neighborhood livability. Standards should also provide the flexibility for innovative design and new types of construction. Code enforcement and City programs should maintain community standards and the integrity of buildings and landscapes. the steeply sloped portion of the lot at the rear and therefore preserves the identity of the hillside neighborhood.
SAFETY AND RESILIENCE ELEMENT
Policy S-2.2: Minimize the Potential Effects of Landslides. Development proposed in areas with existing or potential landslides (as identified by a Certified Engineering Geologist, Registered Geotechnical Engineer, or the LHMP) shall not be endangered by, or contribute to, hazardous conditions on the site or adjoining properties. Landslide mitigation should consider multiple options in order to reduce potential secondary impacts (loss of vegetation, site grading, traffic, visual). The City will only approve new development in areas of identified landslide hazard if the hazard can be appropriately mitigated, including erosion control and replacement of vegetation.
ConsistentThe project will be required to meet all regulations and conditions imposed by the Building Division and the Department of Public Works prior to issuance of a building permit.
ATTACHMENT 4
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
1 CHAPTER 14.04 – RESIDENTIAL DISTRICTS 14.04.020 - Land use regulations (R, DR, MR, HR, PD).
ConsistentSingle-family residences are permitted by right in the R10 zoning district.
14.04.030 – Property Development Standards (R)
Partially Consistent The project is consistent with the the required property development standards, except for the required front setback and garage setback, which require an exception.
CHAPTER 14.12 – HILLSIDE DEVELOPMENT OVERLAY DISTRICT 14.12.030 - Property development standards (-H) Partially ConsistentThe project is consistent with (A) Building Stepback, (C) Natural State, (D) Gross Building Square Footage, and (E) Ridgeline Development. The project is requesting exceptions to (B) Setbacks and (F) Guest Parking Requirements.
14.12.040 – Exceptions to property development standards.
Consistent The project is found to be consistent with the findings required for an exception to the Hillside property development standards as locating the new residence on the existing graded portion of the site will avoid excessive grading and preserve the remaining natural hillside.
CHAPTER 14.25 – ENVIRONMENTAL AND DESIGN REVIEW PERMITS 14.25.090 - FindingsA. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter; Consistent By limiting the project to the existing graded portion of the site, it will avoid excessive grading and preserve the remaining natural hillside and; the orientation of the driveway allows for more building area on the site in consideration of the existing condition of the street; and the project will not exceed the maximum height or stepback requirements for hillside properties. Additionally, the project is being reviewed for the entitlements required for limited exceptions to the required property development standards.
ATTACHMENT 4
ANALYSIS OF PROJECT CONSISTENCY WITH TITLE 14 – ZONING
2 B. The project design is consistent with all
applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located; Consistent As noted above, the project is generally in conformance with the property development standards for the R10 zoning district (SRMC Section 14.04.030) and for the Hillside Development Overlay District (SRMC Section 14.12.020) and meets the findings required for exceptions to the development standards for which the proposed design does not meet. The project was additionally assessed against the design review criteria established in SRMC Section 14.25.050 and is compliant with all relevant elements.
C. The project design minimizes adverse
environmental impacts; and
Consistent The project is limited to the existing graded portion of the site and will not require excessive construction into the hillside.
D. The project design will not be detrimental
to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity.
Consistent The project has been initially reviewed by the Building Division, the Fire Department, and the Department of Public Works. The project will be required to obtain building permits prior to construction and such will be further reviewed by all relevant departments.
GENERAL NOTES
All work shall comply with the CRC and all other codes and requierements, in their most recent edition.
Building Inspection Dept. ordinances
California State Building Code
California Title 24 Energy codes
NEC Amendments of the California plumbing, mechanical and electrical codes.
Contractor is to obtain any required permits for this work.
Contractor shall be responsible for all electrcial, plumbing and fire protection work required by
the Bldg. Dept.
Contractor shall verify all dimensions and existing conditions prior to starting work. Any discrepancies shall be reported to the designer for review.
Do not scale drawings. Dimensions shall take precedence over scale.
Contractor shall visit site prior to submission of bid to review scope of work, demolition, etc.
Dimensions are to face of finish, unless otherwise noted (U.O.N) Cutting and demolition shall be done by methods which will not jeopardize structural integrity of
existing construction and will not damage portions to remain.
Contractor shall remove, cut, cap and repair as necessary any utilities, including by not limited to :
electrical, mechanical plumbing and fire sprinkler, where partitions are scheduled for demolition or
are no longer operational or in service. All other existing utilities are are to remain fully operational.
Contractor is to provide all necessary dust protection and/or barracading required to protect adjacent spaces and existing finishes. Contractor is responsible to repair any damages caused by
contractor or their subcontractors.
Patch and repair any damages to floor, walls, ceilings, hardware, fixtures, windows, etc. as a result
of the constuction process. Match existing adjacent finishes as closely as possible. Align and sand
smooth.
In general, the Owner reserves the right to retain all material and equipment removed form the
project. Any item or material not desired by the Owner are to be removed from the site by Contractor at Contractor's expense.
If any questions arise as to the installation of any materials and/or equipment, or with the construction documents, the Contractor shall clarify the point with the Architect or Designer before proceeding.
If any questions arise due to existing conditions apparent discrepancy between construction documents
or any other reason, the contractor will immediately notify the Architect or Designer and clarify the
point with the architect or designer.
Safety Measures: At all times the Contractor shall be solely and completely responsible for conditions
of th job site including safety of persons and property.
Total thickness of new walls shall match that of adjacent walls. U.O.N.
Construction of new walls, ceilings utilities, etc. shall be modified with Architect's/Designer's approval,
when in conflict with existing conditions.
Dimensions noted clear(clr) are not adjustable without approval by Architect/Designer.
The Contractor shall do all cutting, fitting or patching of work that may be required to make all parts
fit together properly and shall not endanger any other work by cutting excavation or otherwise altering
the total work or any part of it. All patching, repairing and replacing of materials and surfaced
replaced will, upon completion, match surrounding similar surfaces.
Install backing at walls as required for all wall mounted items including plumbing fixtures, cabinet work,
etc.
All exterior openings are to be weather-stripped.
Studs and furring shall provide plumb, true straight and rigid framing for support of collateral materials.
Install metal corner beads at all exposed outside gypsum board edges. All gypsum wallboard shall be
3-coat finished, taped, topped and sanded between coats. Finished surfaces shall be plumb, level
and planes, pplied vertically with joints on bearings. All gypsum wallboard shall be mill finished
48" by5/8" thick, unless otherwise noted by maximum length to minimize horizontal joints and
tapered edges.
Contractor is responsible for all construction clean up. The building site shall be kept free of debris and
cleaned up daily
No wall telephone or electrical outlets shall be mounted back to back.
The American with Disabilities Act (ADA) is subject to various and possibly contradictory interpretations. These plans and any accompanying specifications ("plan") represent the Designer's opinion regarding it's interpretation of the ADA as it applies to the subject project.
It is not in any way a warranty or guarantee that said plans comply with any or all possible interpretations of the ADA by others.
ABBREVIATIONS
HORIZONTAL
HEIGHT
HOT WATER HEATER
INSULATION
JOIST
LAVATORY
LIGHT
MAXIMUM
MACHINE BOLT
MEZZANINE
MANUFACTURER
MINIMUM
NEW
NOT IN CONTRACT
NOT TO SCALE
NUMBER
ON CENTER
OPENING
OVERHEAD
PLATE
PROPERTY LINE
PLUS OR MINUS
PLYWOOD
PAINTED
RADIUS
REINFORCED CONCRETE
ROOF DRAIN
REQUIRED
ROOM
RAIN WATER LEADER
SOLID CORE
SAFETY GLASS
SHEET
SHOWER
SIMILAR
SLIDING
SQUARE FEET
SEE STRUCTURAL DWGS.
STAINLESS STEEL
STEEL
STORAGE
THRESHOLD
TOP OF
TOP OF SLAB
TOP OF WALL
TOILET PAPER DISPENSER
TYPICAL
URINAL
UNLESS OTHERWISE NOTED
VERTICAL
VINYL TILE
WITH
WATER CLOSET
WOOD
WINDOW
WATERPROOF MEMBRANE
WAINSCOT
HORIZ
HT.
HWH
INSUL
JST
LAV
LT
MAX
MB
MEZZ
MFR
MIN
(N)
N.I.C.
NTS
#
O.C.
OPNG
OVHD
PL
P
+/-
PLYWD
PNTD
RAD
RC
RD
REQ
RM
RWL
SC
SFGL
SHT
SHWR
SIM
SLDG
S.F.
SSTL.
SSD
STL
STOR
THR
TO
TOS
TOW
TPD
TYP.
UR
UON
VERT
VT
W/
WC
WD
WDW
WPM
WSCT
ANCHOR BOLT
ADJACENT
ABOVE FINISHED FLOOR
ALUMINUM
AND
ACCESS PANEL
APPROXIMATELY
AT
BOARD
BUILDING
BLOCKING
BEAM
BOTTOM OF
BETWEEN
CATCH BASIN
CONTROL JOINT
CLOSET
CENTER LINE
CEILING
CLEAR
CERAMIC MOSAIC TILE
CONTRACTOR
COLUMN
CONCRETE
CONNECTION
CONSTRUCTION
CONTINUOUS
CHECK ON SITE
CERAMIC TILE
CENTER
DRAIN
DOUBLE
DEMOLISH OR DEMOLITION
DETAIL
DRINKING FOUNTAIN
DIAMETER
DIMENSION
DOWN
DOOR
DOWNSPOUT
DRAWING
EXISTING
EACH
ELECTRICAL
EQUAL
EXISTING
EXPOSED
EXTERIOR
FLOOR DRAIN
FINISH FLOOR LEVEL
FINISH
FLASHING
FLOOR
FOUNDATION
FACE OF FINISH
FACE OF STUD
FOOT OR FEET
FOOTING
GAGE, GAUGE
GALVANIZED
GLASS
GLU-LAM BEAM
GROUND
GRADE
GALVANIZED SHEET METAL
GLAZED CERAMIC TILE
GYPSUM BD
GRAVEL
HOSE BIB
HOLLOW CORE
HEADER
HARDWOOD
A.B.
ADJ.
A.F.F
ALUM.
&
A.P.
APPROX.
@
BD.
BLDG.
BLKG.
BM.
B.O.
BTW.
C.B
CJT.
CL.
C
CLG
CLR
C.M.T
CNTR.
COL.
CONC,
CONN,
CONST.
CONT.
C.O.S.
C.T.
C.T.R.
D.
DBL.
DEMO
DET
DF
DIA
DIM
DN
DR
D.S.
DWG.
(E)
EA.
ELEC
EQ
EXIST
EXP
EXT
F.D
FFL
FIN
FLASH
FLR
FND
F.O.F
F.O.S
FT
FTG
GA
GALV.
GL.
GLB
GND
GRD
GSM
GCT
GYP. BD.
GVL.
H.B
H.C
HDR.
HDWD
SYMBOLS LEGEND
101
1t
?
1i
Room name
101
ELEVATION TAG
SECTION TAG
INTERIOR
ELEVATION TAG
DOOR TAG
WINDOW TAG
KEYNOTES
LIGHT FIXTURE TAG
ROOM ID AND NUMBER
1 A0.0
A0.0
1 1
A0.0
2022 CA FIRE CODE
2022 CA BUILDING CODE
2022 CA MECHANICAL CODE
2022 CA PLUMBING CODE
2022 CA ELECTRICAL CODE
2022 ENERGY CODE
2022 CA RESIDENTIAL CODE
2022 GREEN BUILDING STANDARDS CODE
(AS APPLICABLE AND AMENDED BY
BY THE CITY OF SAN RAFAEL)
CODES
SITE INFORMATION
PROJECT ADDRESS :
OCCUPANCY:
BUILDING SHELL
CONSTRUCTION TYPE:
STORIES:
ZONING:
SPRINKLERS:
HIGH FIRE HAZARD
AREA:
APN:
LOT AREA:
287 Mountain View Ave
San Rafael, CA 94901
R-3
V-B
2 R-10, Hillside Parcel
Yes
Yes
015-073-10
11,961 sq. ft.
DESIGN STANDARDS
SETBACKS:
FRONT 20 FT REQ.
PROPOSED 10 FT. DUE TO
SITE CONSTRAINTS
SIDE 10 FT.
REAR 10 FT. REQUIRED
PROPESED 20 FT.
LOT COVERAGE MAX: 40%
MAXIMUM UPPER STORY: 75% OF LOT
COVERAGE
COVERED PARKING 2
SPACES REQ.
GROSS BUILIDNG 2500 + (10% OF 11,961)
FLOOR AREA: =2500 + 1,196 = 3696 SQ. FT
Natural State. A minimum area of twenty-five percent
(25%) of the lot area plus the percentage figure of
average slope, not to exceed a maximum of eighty-five
percent (85%), must remain in its natural state
Average Slope of lot : 45.64%
25% + 45.64% = 70.64 % OF 11,961 sq. ft.
= 8,449.25 sq. ft. minimum area at natural state
required
HEIGHT LIMIT: 30 FEET
HILLSIDE OVERLAY :On non-downhill slope, walls
facing front and side property lines shall have a twentyfoot (20′) height limit measured from existing grade shall be observed within all areas within fifteen feet (15′) of the maximum building envelope limit. To allow for
design flexibility on non-downhill slopes, an
encroachment into the street front, street side and
interior side stepback is permitted along twenty-five
percent (25%) of the building length.
PROJECT TEAM
BACILIA MACIAS ARCHITECTURE
6007 NE SACRAMENTO ST
PORTLAND, OR 97213
(510)929-0727
[email protected]
WWW.BACILIAMACIAS.COM
ARCHITECT
BACILIA MACIAS ARCHITECTURE
6007 NE SACRAMENTO ST
PORTLAND, OR 97213
(510)929-0727
[email protected]
WWW.BACILIAMACIAS.COM
CIVIL
BACILIA MACIAS ARCHITECTURE
6007 NE SACRAMENTO ST
PORTLAND, OR 97213
(510)929-0727
[email protected]
WWW.BACILIAMACIAS.COM
GEOTECHNICAL ENGINEER
STRUCTURAL ENGINEER
TBD
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
A0.0
COVER SHEET
VICINITY MAP NORTH AERIAL PHOTO
AREA CALCULATIONS
NATURAL STATE
AREA NOT REAMINING IN NATURAL STATE = 2932.87 SQ FT
RESULTING FROM THIS PROPOSED PROJECT.
LOT AREA = 11,961 SQ -FT.
AREAS DISTURBED: 2932.87 SQ. FT
(E) V- DITCH 128 SQ FT.
(E) V-DITCH 101.5 SQ. FT.
TOTAL = 3162.37
AREA IN NATURAL STATE = LOT AREA - DISTURBED AREA
11,961- 3162.37=
8,798.63 SQ.FT.
RESIDENCE
MAIN FLOOR
SECOND FLOOR
I PROPOSED(SF) I
1003.31 SQ FT
978.34 SQ FT
TOTAL I
LIVING AREA
1e81 .65 Isa FT
_G_A_RA_ G_E ___ ~ I
TOTAL
FLOOR
AREA
TOTAL FOOTPRINT PROPOSED
456 SQ FT
2437.65 I
L.---------' SQ FT
2712 SQ FT
NATURAL STATE REQUIRED AREA 8449.25 SQ FT
LOT AREA -NAT. STATE AREA = 3511.75
DECKS I
FRONT(UPPER)
REAR
SIDE
TOTAL
FRONT PORCH
206 SQ FT
203.3 SQ FT
240 SQ FT ~--6-4_9 __ 3-~lso FT
48 SQ FT
Marin Information ft
TechnologyT
BACILIA MACIAS
ARCHITECTURE
* *
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
A0.1
PHOTO SHEET
291 MOUNTAIN AVE 291 MOUNTAIN AVE
283 MOUNTAIN AVE VIEW OF 283 MOUNTAIN AVE PHOTO OF SITE FROM STREET ., · .. "•, .,,........___.._ .. . '",;..,
't'- "'~. . ,,.., • . ..• w-~_
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"
BACIL IA MACIAS
ARCHITECTURE
* *
214
134
136
136
216
216
144
210
200
200
210
190
180
170
160
150
140
140
140
150
160
170
180
190
180
170
160
150
210
148.63
EAVE
153.94
148.56
EAVE
152.39
EAVE
152.48
EAVE
158.53
153.81
EAVE
153.78
EAVE
158.07
144.70
EAVE
144.61
EAVE
151.11
152.20
161.12
161.14
135.10
134.80
134.04
133.98
133.86
133.73
133.46
133.34
212.64
212.63
215.89
216.32
217.10
2 21
217.06
215.79
215.78
214.65
215.25
215.10
215.23
215.64
215.36
214.32
214.91
215.80
215.82
214.47
213.99
215.41
215.67
216.02
216.80
204.96
204.96
204.46
206.22
1 199.51
199.77
198.52
197.12
196.34
195.67
195.18
190.44
190.44
193.08192.98
193.63
192.81
192.42
191.62
193.36
194.35
194.19
195.20
195.82
194.50
195.28
197.03
196.36
19 195.34
194.87
193.71
193.10
191.37
190.18
189.80
180.70
181.53
183.57
184.38
183.55
183.57
174.48
177.77
177.46
177.46
178.08
175.78
175.43
174.39
173.99
173.16
174.32
173.98
174.64
174.84
173.82
175.02
176.58
175.67
176.02
174.98
174.02
173.09
174.52
174.12
174.13
173.50
173.50
173.07
172.40
156.76
157.99
159.16
160.25
160.06
165.61
152.41
152.61
152.97
148.45
148.36
148.33
147.74
148.15
147.53
148.36
148.37
148.19
147.38
147.12
148.22 148.26
145.96
148.14
148.26
148.42
148.29
146.15
145.52
145.50
145.08
148.17
TW
148.24
TW
148.29
TW
148.28
TW
148.22
TW
148.20
TW
145.48
TW
144.17
145.06 145.02
144.71
144.56
144.31
143.45
137.59
138.18
140.73
141.38
141.99
141.90
144.08
145.13
143.47
142.14
138.95
135.11
134.91
135.01
135.20
135.19
135.76
135.54
134.11
133.86
134.17
134.21
134.34
134.49
134.96
158.63
147.39
134.64
134.58
134.99
133.64
133.91
133.65
133.91
133.53
133.86
133.50
133.52
133.30
132.86
132.85
132.91
132.46
132.44
134.
133.01
133.39
133.47
134.00
134.48
134.54
134.90
135.21
13 134.45
134.47
135.05
134.89
134.41
134.48
134.16
134.67
134.20
133.50
133.49 133.89
158.54
133.49
133.48
133.48
133.50
134.07
133.91
213.75 213.75
214.59214.63
214.55 214.51
212.79
215.22
215.79
199.56
192.48
192.43192.45
192.48
190.64
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.05
147.84
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.23
TW
148.17
TW
144.68
WM
BLOCK RETAINING WALL
WOOD RETAINING WALL
GRASS
GRASS
GRASS
R
ROOF EAVE
ROOF EAVE
CHIMNEY
GM
EM
ROOF RIDGE
ROOF HIP
ROOF EAVE
ROOF EAVE
ROOF RIDGE
ROOF HIP
ROOF EAVE
CHIMNEY
MOUNTAIN VIEW AVENUE
BUILDING
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
EDGE OF ENGINEERED SLOPE
GRASS
GRASS
ROLLED CURB
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF PATEL
APN 015-262-08
LANDS OF
ALVAREZ/SANTIZO
APN 015-073-07
LANDS OF CAPELLE
APN 015-262-16
DN UP
DN
214
136
136
144
218
216
216
144
210
200
200
210
190
180
170
160
150
140
140
140
150
160
170
180
200
210
190
180
170
160
150
210
GI .
TG 133.50
GI .
TG 192.43
SO 191.62
6" INV 190.64
GI .
TG 174.00
SO 173.16
6" INV 172.10
GI .
TG 214.60
SO 213.75
6" INV 212.79
GI .
TG 147.86
SO 147.05
6" INV 145.96
SDCO .
RIM 148.36
SDCO .
RIM 199.56
SDCO .
RIM 216.41
SDCO .
RIM 161.36
SDCO .
RIM 176.80
148.63
EAVE
153.94
148.56
EAVE
152.39
EAVE
152.48
EAVE
153.81
EAVE
153.78
EAVE
158.07
144.70
EAVE
144.61
EAVE
151.11
152.20
161.12
161.14
135.10
134.80
134.04
133.98
133.86
133.73
133.46
133.34
212.64
212.63
215.89
216.32
217.10
219.78
219.36
218.14
218.73
217.26
215.77
216.70
217.06
215.79
215.78
214.65
215.25
215.10
215.23
215.64
215.36
214.32
214.91
215.80
215.82
214.47
213.99
215.41
215.67
216.02
216.80
216.85
217.38
216.51
204.96
204.96
204.46
206.22
206.62
206.11
198.12
198.61
199.51
199.77
198.52
197.12
196.34
195.67
195.18
190.44
190.44
193.08192.98
193.63
192.81
192.42
191.62
193.36
194.35
194.19
195.20
195.82
194.50
195.28
197.03
196.36
195.95
196.35
195.34
194.87
193.71
193.10
191.37
190.18
189.80
180.70
181.53
183.57
184.38
183.55
183.57
174.48
177.77
177.46
177.46
178.08
175.78
175.43
174.39
173.99
173.16
174.32
173.98
174.64
174.84
173.82
175.02
176.58
175.67
176.02
174.98
174.02
173.09
174.52
174.12
174.13
173.50
173.50
173.07
172.40
156.76
157.99
159.16
160.25
160.06
165.61
152.41
152.61
152.97
148.45
148.36
148.33
147.74
148.15
147.53
148.36
148.37
148.19
147.38
147.12
148.22 148.26
145.96
148.14
148.26
148.42
148.29
146.15
145.52
145.50
145.08
148.17
TW
148.24
TW
148.29
TW
148.28
TW
148.22
TW
148.20
TW
145.48
TW
144.17
145.06 145.02
144.71
144.56
144.31
143.45
137.59
138.18
140.73
141.38
141.99
141.90
144.08
145.13
143.47
142.14
138.95
135.11
134.91
135.01
135.20
135.19
135.89
135.76
135.54
134.11
133.86
134.17
134.21
134.34
134.49
134.96
213.30
195.49
197.93
158.63
147.39
134.92
134.82
134.64
134.58
134.99
133.64
133.91
133.65
133.91
133.53
133.86
133.50
133.52
133.30
132.86
132.85
132.91
132.46
132.44
134.99
133.01
133.39
133.47
134.00
134.48
134.54
134.90
135.21
135.64
135.36
134.45
134.47
135.05
134.89
134.41
134.48
134.16
134.67
134.20
133.50
133.49 133.89
137.98
133.49
133.48
133.48
133.50
134.07
133.91
216.41
213.75 213.75
214.59214.63
214.55 214.51
212.79
215.22
215.79
199.56
192.48
192.43192.45
192.48
190.64
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.05
147.84
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.23
TW
148.17
TW
144.68
WM
BLOCK RETAINING WALL
WOOD RETAINING WALL
GRASS
GRASS
GRASS
ROOF RIDGE
ROOF EAVE
ROOF EAVE
CHIMNEY
GM
EM
ROOF RIDGE
ROOF HIP
ROOF EAVE
HIP
ROOF EAVE
CHIMNEY
AC
TEMPORARY
BENCHMARK
SCRIBED 'X'
ELEV: 136.45 MOUNTAIN VIEW AVENUE
BUILDING
BUILDING
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
EDGE OF ENGINEERED SLOPE
GRASS
GRASS
ROLLED CURB
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF PATEL
APN 015-262-08
LANDS OF
ALVAREZ/SANTIZO
APN 015-073-07
LANDS OF CAPELLE
APN 015-262-16
LANDS OF GEORGE
APN 015-262-17
OUTLINE
OF 2ND.
FL DECK
SINGLE
STORY
AREA
CONCRETE
DRIVEWAY
136
138
138
26' - 2 3/8"
FRONT SETBACK
10' - 0"
16' - 0 5/8"
20' - 0"
SIDE SETBACK
10' - 0"
REAR SETBACK
20' - 0"
NORTH
PROJECT
NORTH
0 5 10 30
XXXX FINISH FLOOR ELEVATIONS
LANDSCAPED AREA
9 FT X 19 FT
PARKING SPACES
9' - 0" 9' - 0"
(N) 4FT - 2 FT HIGH
RETAINING WALL
SLOPE
EDGE OF PAVEMENT
4' - 0"
(N) CONCRETE WALK
OPEN DECK=
80 sq. ft.3' - 0"
13' - 0"
R T
CONC. PAD FOR TRASH
AND RECYCLING
20' - 0 5/8"
3' - 4"
10' - 0 3/16"
EDGE OF
DECK ON 2ND FL.
(E) WATER METER
OPEN GRASS AREA
TO REMAIN
AREA FOR NEW SOLAR
PANELS- SIZE AND
NUMBER OF PANELS
TO BE DETERMINED BY
SOLAR CONSULTANT
LA
LA
LA
LA
20' - 6 1/16"
(N) WOOD STAIRS
PAVERS
17' - 3 3/8"
29' - 8 21/32"
SIDE SETBACK
10' - 0"
SITE PLAN LEGEND
(E) GRATE INLET
LA
(E) 3' - 5 23/32"
3' - 0"
(E)
CMU WALL
(E) CONC. V-DITCH
STANDARD
PARKING
9FT X 19 FT
COMPACT
PARKING
8FT X 16 FT
92' - 0"
130' - 4 21/32"
133' - 1 7/8"
3' - 8" 6' - 4"
20' - 0 1/16"
DN
MOUNTAIN VIEW AVE
2ND.
FL DECK
DRIVEWAY
10 FOOT
SETBACK LINE
140
(E)BLOCK
RETAINING WALL
10' - 0"
10' - 0"
10' - 0"
(E) SINGLE
FAMILY
RESIDENCE
(E) SINGLE
FAMILY
RESIDENCE
10' - 0"
14' - 3 15/32"
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
2 1" = 10'-0"
SITE PLAN -PROPOSED WITH FIRST FLOOR
A1.0
EXISTING AND
PROPOSED
SITE PLAN WITH
FLOOR PLAN AND
FIRST FLOOR PLAN
1 1" = 10'-0"
SITE PLAN EXISTING
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BACILIA M ACIAS
ARCHITECTURE
* *
0 134
136
144
170
160
150
140
140
150
160
170
180
150
GI .
TG 133.50
GI .
TG 174.00
SO 173.16
6" INV 172.10
GI .
TG 147.86
SO 147.05
6" INV 145.96
SDCO .
RIM 148.36
SDCO .
RIM 161.36
SDCO .
RIM 176.80
153.78
EAVE
144.70
EAVE
144.61
EAVE
151.11
152.20
135.10
134.80
134.04
133.98
133.86
133.73
133.46
133.34
177.77
177.46
177.46
78.08 .39
173.99
173.16
174.32
173.98
174.64
174.84
173.82
175.02
176.58
175.67
176.02
174.98
17 174.52
174.12
174.13
173.50
173.50
173.07
172.40
156.76
157.99
159.16
160.25
160.06
165.6
152
152.61
152.97
148.45
148.36
148.33
147.74
148.15
147.53
148.36
148.37
148.19
147.38
147.12
148.22 148.26
145.96
148.14
148.26
148.42
148.29
146.15
145.52
145.50
145.08
148.22
148.20
TW
145.48
TW
144.17
137.59
138.18
141.90
144.08
145.13
143.47
142.14
138.95
135.11
134.91
135.20
135.19
135.54
134.11
134.17
134.21
134.34
134.49
134.96
147
133.64
133.91
133.65
133.91
133.53
133.86
133.50
133.52
133.30
132.86
132.85
132.91
132.46
132.44
133.01
133.39
133.47
134.00
134.48
134.54
134.90
135.21
134.45
13 13
134.16
134.67
134.20
133.50
133.49 133.89
133.49
133.48
133.48
133.50
134.07
133.91
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.05
147.84
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.17
TW
144.68
WM
WOOD RETAINING WALL
GRASS
ROOF EAVE
CHIMNEY
GM
EM
ROOF RIDGE
HIP
ROOF EAVE
MOUNTAIN VIEW AVENUE
CONCRETE V-DITCH
V-DITCH
ROLLED CURB
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF
LVAREZ/SANTIZO
PN 015-073-07
DN
214
144
216
210
200
200
210
190
180
170
160
150
150
160
170
180
180
150
GI .
TG 192.43
SO 191.62
6" INV 190.64
GI .
TG 174.00
SO 173.16
6" INV 172.10
0 5
9 GI .
TG 147.86
SO 147.05
6" INV 145.96
SDCO .
RIM 148
SDCO .
RIM 199.56
SDCO .
RIM 161.36
SDCO .
RIM 176.80
153.78
EAVE
215.79
215.78
214.65
215.25
215.41
215.67
216.02
204.96
204.96
204.46
206.22
199.77
198.52
197.12
196.34
195.67
195.18
190.44
190.44
193.08192.98
193.63
192.81
192.42
191.62
193.36
194.35
194.19
195.20
195.82
194.50
195
19 194.87
193.71
193.10
191.37
190.18
189.80
180.70
181.53
183.57
184.38
183.55
177.77
177.46
177.46
178.08
175.78
175.43
174.39
173.99
173.16
174.32
173.98
174.64
174.84
173.82
175.02
176.58
175.67
176.02
174.98
17 174.52
174.12
174.13
173.50
173.50
173.07
172.40
156.76
157.99
159.16
160.25
160.06
165.6
152
152.61
152.97
148.45
148.36
148.33
147.74
148.15
147.53
148.36
148.37
148.19
147.38
147.12
148.22 148.26
145.96
148.14
148.26
148.42
148.29
146.15
145.52
145.50
145.08
148.17
TW
148.24
TW
148.29
TW
148.28
TW
148.22
TW
148.20
TW
145.06 145.02
144.71
144.56
144.31
143.45
137.59
144.08
145.13
147
13.75 214.59214.63
212.79
199.56
192.48
192.43192.45
192.48
190.64
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.05
147.84
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.23
TW
GRASS
GRASS
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
EDGE OF E
GRASS
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF
ALVAREZ/SANTIZO
APN 015-073-07
LLE
6 MOUNTAIN VIEW AVE
OUTLINE OF
SECOND FLOOR WALLS
2ND FL.
DECK
-
---
2 A4
1 A4.1
2 A4.1
DECK
3 A4
3:12
4:12 3:12
4:12
4:12 4:12
4:12 4:12
CONCRETE
DRIVEWAY
AREA FOR NEW SOLAR
PANELS- SIZE AND
NUMBER OF PANELS
TO BE DETERMINED BY
SOLAR CONSULTANT
2ND FL.
DECK
NORTH
PROJECT
NORTH
OUTLINE OF
FIRST FLOOR WALLS
REAR SETBACK
20' - 0"
SIDE SETBACK
10' - 0"
SIDE SETBACK
9' - 11 15/16"
0' - 10 19/32"
1' - 4"
1' - 0"
DS
DS
DS
DS
DS
DS
DS
DS
DS
1' - 0"
1' - 4"
1' - 4"
1' - 4"
0' - 11 3/8"
TYP. OVERHANG, U.O.N.
1' - 4"
4 FT. HIGH
RETAINING WALL
SLOPE,
MAX
SLOPE
18%
(E) CONCRETE BLOCK WALL TO REMAIN
RIDGE ELEV = 162'
CLASS A
ASPHALT
SHINGLES,TYP.
RIDGE ELEV = 160.1'
RIDGE ELEV = 161.4'
RIDGE
ELEV =
160.75'
0' 2' 4' 8' 16'
4:12 4:12
REDUCED FRONT SETBACK
10' - 0"
0' - 0"
REQUIRED FRONT SETBACK
20' - 0"
SIDEYARD STEPBACK
15' - 0"
120' - 8 1/4"
126' - 7 1/32"
134' - 2 15/16"
(E) CMU
WALL TO REMAIN
129' - 3 1/16"
132' - 6 13/16"
EAVE TO PROP. LINE
126' - 11 11/32"
125' - 3 7/32"
124' - 0 1/32"
19' - 0"
9' - 0"
9'-0"x19'-0"
PARKING SPOT
REDUCED FRONT SETBACK
10' - 0"
REQUIRED FRONT SETBACK
20' - 0"
SIDE SETBACK
10' - 0"
SIDE STEPBACK
15' - 0"
FRONT STEPBACK
15' - 0"
ROOF PLAN LEGEND
DS DOWNSPOUTS: 4" X 4"
GSM, PRIMED AND PAINTED
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
1 1/4" = 1'-0"
ROOF PLAN ON SITE A1.1
ENLARGED SITE PLAN
WITH ROOF PLAN
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•
BACILIA MACIAS
ARCH ITECTURE
* *
0 134
136
136
144
200
190
180
170
160
150
140
140
140
150
160
170
180
200
210
190
180
170
160
150
210
137.98
133.49
133.48
133.48
133.50
134.07
133.91
199.56
192.48
192.43192.45
192.48
190.64
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.05
147.84
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.23
TW
148.17
TW
144.68
WM
BLOCK RETAINING WALL
WOOD RETAINING WALL
GRASS
GRASS
GRASS
ROOF RIDGE
ROOF EAVE
ROOF EAVE
CHIMNEY
GM
EM
ROOF RIDGE
ROOF HIP
F EAVE
ROOF EAVE
AC
TEMPORARY
BENCHMARK
SCRIBED 'X'
ELEV: 136.45 MOUNTAIN VIEW AVENUE
BUILDING
BUILDING
CONCRETE V-DITCH
CONCRETE V-DITCH
ONCRETE V-DITCH
GRASS
ROLLED CURB
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF PATEL
APN 015-262-08
LANDS OF
ALVAREZ/SANTIZO
APN 015-073-07
DN UP
DN
214
134
136
136
144
218
216
216
144
210
200
200
210
190
180
170
160
150
140
140
140
150
160
170
180
200
210
190
180
170
160
150
210
158.54
133.49
133.48
133.48
133.50
134.07
133.91
216.41
213.75 213.75
214.59214.63
214.55 214.51
212.79
215.22
215.79
199.56
192.48
192.43192.45
192.48
190.64
176.80
174.02
173.98173.95
174.01
172.10
161.36
148.18
148.22
148.18
147.84
147.05
147.89
147.86
147.87148.18 148.20
148.18
148.01
148.23
TW
148.17
TW
144.68
WM
BLOCK RETAINING WALL
WOOD RETAINING WALL
GRASS
GRASS
GRASS
ROOF RIDGE
ROOF EAVE
ROOF EAVE
CHIMNEY
GM
EM
ROOF RIDGE
ROOF HIP
ROOF EAVE
ROOF EAVE
ROOF RIDGE
ROOF HIP
ROOF EAVE
CHIMNEY
AC
BENCHMARK
SCRIBED 'X'
ELEV: 136.45 MOUNTAIN VIEW AVENUE
BUILDING
BUILDING
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
EDGE OF ENGINEERED SLOPE
GRASS
GRASS
ROLLED CURB
LANDS OF SKIP
TRUST MUSIAL
APN 015-073-10
LANDS OF PATEL
APN 015-262-08
LANDS OF
ALVAREZ/SANTIZO
APN 015-073-07
LANDS OF CAPELLE
APN 015-262-16
LANDS OF GEORGE
APN 015-262-17
DN UP
DN
OUTLINE
OF 2ND.
FL DECK
SINGLE
STORY
AREA
CONCRETE
DRIVEWAY
136
138
138
0 5
9 FT X 19 FT
PARKING SPACES
(N) 4FT - 2 FT HIGH
RETAINING WALL
SLOPE
MAX 18%
EDGE OF PAVEMENT
(N) CONCRETE WALK
OPEN DECK=
80 sq. ft.
R T
CONC. PAD FOR TRASH
AND RECYCLING
EDGE OF
DECK ON 2ND FL.
(E) WATER METER
(N) WOOD STAIRS
PAVERS
(E) GRATE INLET
(E) CONC. V-DITCH
1 3
3 2
2 1 1
GC
GC2
3 1
1 GC 3
3 3
3 3
NATURAL
GRASSES
TO REMAIN
NATURAL
GRASSES
TO REMAIN
3 IVY GERANIUM
GC2 CREEPING THYME
1 BLUE-EYED GRASSES 1-GAL
2 BOXWOOD-1 GAL.
JUTE FABRIC WITH
BJ REDWOOD BARK TO
CONTROL ERROSION
PAVERS 12" X 24" CONCRETE
GREY
DECKING, STAIR TREADS AND RISERS
TREX COLOR: BISCAYNE
LANDSCAPE LEGEND
THESE PLANTS ARE FROM THE FIRE SAFE MARIN WEBSITE
THEY ARE FIRE - SMART
BEHIND CMU WALL, BECAUSE OF GEOGRID THIS AREA WILL REMAIN
WITHOUT NEW LANDSCAPING, THE JUTE FABRIC AND
NATURAL GRASSES ON THE SITE WILL REMAIN
ALL PLANTS TO BE HANDWATERED
AFTER PLANTING ADD REDWOOD BARK AROUND BASE OF PLANT, MIN, 3" IN DEPTH.
DECK TO HAVE TREX DECKING OR EQUAL
LANDSCAPE NOTES
OUTLINE
OF 2ND.
FL DECK
SINGLE
STORY
AREA
CONCRETE
DRIVEWAY
136
138
NORTH
PROJECT
NORTH
0 5 10 30
R T
OPEN GRASS AREA
TO REMAIN
AREA FOR NEW SOLAR
PANELS- SIZE AND
NUMBER OF PANELS
TO BE DETERMINED BY
SOLAR CONSULTANT
LA
LA
LA
PAVERS
LA
CONC.
V-DITCH
128 SQ FT.
CONC.
V-DITCH
101.5 SQ FT.
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
A1.3
PROPOSED
LANDSCAPED
PLAN
1 1/8" = 1'-0"
PROPOSED LANDSCAPE PLAN
2 1/16" = 1'-0"
NATURAL STATE DIAGRAM
AREA NOT REAMINING IN NATURAL STATE 2932.87 SQ FT
RESULTING FROM THIS PROPOSED PROJECT.
LOT AREA = 11,961 SQ -FT.
AREAS DISTURBED: 2932.87 SQ. FT
(E) V- DITCH 128 SQ FT.
(E) V-DITCH 101.5 SQ. FT.
TOTAL = 3162.37
AREA IN NATURAL STATE = LOT AREA - DISTURBED AREA
11,961- 3162.37=
8,798.63 SQ.FT.
REF.
Cooktop
DN
UP
DW
DN
DN
D
W
2 A3.0
REF
LIVING ROOM
DINING
KITCHEN
BATH 1
BED 1
GARAGE
19' - 8 31/32"
1003.31 SF LIVING SPACE 1ST FL
978.34 SF LIVING SPACE 2ND FL.
1981.65 SF OF LIVING AREA
A
3 A3.1 2
A3.0 1
2 A41
A4.1
2 A4.1
PANTRY
0' 2' 4' 8' 16'
98652
BDCEFGH
74 1
2' - 0" 11' - 7 3/8"
5.5 3
A4
20' - 0"
10' - 6"
NORTH
PROJECT
NORTH
FURNACE
+9'-0"
3' - 2"
NEW RETAINING WALL
20' - 0 1/16"
UNCOVERED DECK
4' - 3"
11' - 7 9/16"
CL
CL
6' - 0 3/8"
3' - 4 1/2"
3' - 6 1/16"
HW
20' - 0 5/8"
LINE OF
WALL
ABOVE
8' - 9 3/16"
4' - 0"
4' - 3"
3' - 4" 2' - 8"
EQ EQ
3' - 8 5/8"
4' - 0 7/8"
31' - 7 5/32"
43' - 11 5/32"
12' - 2 29/32"
3' - 1"
3' - 4"
3' - 5 11/32"
4' - 0"
CONCRETE
RETAINING
WALL
10' - 0 3/8" 3' - 0 1/2"
2' - 0"
7' - 1"
3'-0"
ISLAND
PORCH
14' - 8 1/2"
10' - 4"
EQ EQ
℄
1 A3.2
-
---
10' - 0 7/16"
21' - 4 3/4"
38' - 5 1/4"
5' - 0 1/4" 10' - 0"
11' - 0"
5' - 2 3/32" 11' - 0"
BED 2 BED 3
LAUNDRY
PRIMARY
CLOSET
PRIMARY P.BATH
BEDROOM
SHARED
DECK
BATH 2
BATH 3
5' - 0"
149
A
3 10' - 0"
13' - 7"
5' - 0"
SAUNA
8' - 0 3/4"
-
---
A3.1 2
A3.0 1
A3.1
1 8' - 0"
3' - 3"
3' - 6 3/32"
2 A4
1 A4.1
CLOSET
CLOSET
2 A4.1
5' - 1"
4' - 4"
4' - 0"
3' - 4"
5' - 0"
3:12
98652
BDCEFGH
7' - 7"
3' - 1"
7 5.54
5.5 3
A4
9' - 11 1/2"
7' - 2 3/4" 6' - 10 3/4"
EQ EQ
EQ EQ
DECK
ROOF BELOW
5' - 0"
5' - 7 3/4" 5' - 0"
2' - 10"
3' - 0 1/4"
2' - 7"
EQ EQ
5' - 0"
15' - 0"
5' - 0"
24' - 1 15/32"
2' - 0 7/32"
1' - 9" 6' - 3 3/4"
EQ EQ
9' - 5 1/4"
21' - 6 3/4"
3' - 2"
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA E
O R
C
A
LI
F
N I
Exp. 01-31-25
C-32229 LI I
BAC
MA
A
C
S IA
S
E
I L E C N
D
C
H
C T E TI
A
R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
A2.0
PROPOSED
FLOOR PLANS
1 1/4" = 1'-0"
FIRST FLOOR PLAN (138')
2 1/4" = 1'-0"
SECOND FLOOR PLAN (149')
DRIVEWAY
0 6
\\
\\
Q
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BACILIA MACIAS
ARCHITECTURE
* *
0 FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
11' - 0" 8' - 0"
PL
GRADE AT FRONT
-3' - 6"
GARAGE(136')
-2' - 0"
TOP OF (E) WALL
10' - 2 13/32"
4' - 0"
FIRST FL. CLG.
9' - 0"
(N)RETAINING WALL
20' - 0"
18' - 7 5/16"
20 FOOT WALL
HEIGHT LIMIT
7' - 7 7/32"
NATURAL
GRADE
NATURAL
GRADE8' - 4 27/32"
PROFILE OF
NEW DRIVEWAY
16' - 0 21/32"
15' - 0 23/32"
9' - 7 7/8"
TOP OF NEW RETAINING
WALL, NOT SHOWN
(E) CMU WALL TO REMAIN
3:12
4:12
4:12
4:12
3:12
17' - 1 9/32"
17' - 10 9/16"
EXPOSED CONCRETE: SEMI TRANSPARENT STAIN
BEHR COLOR: CAROB #DCS-835, SPRAYED
RAILINGS: STEEL
SUPPORTS 2"X2" WITH
1/2" VERTICALS. OIL
RUBBED BRONZE
TEXTURED
TYPE C LIGHT
FIXTURE
STEPBACK
15' - 0"
REDUCED FRONT SETBACK
10' - 0"
FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
TOP OF PLATE
19' - 0"
11' - 0" 8' - 0"
PN B C D E F G H
SIDE SETBACK
10' - 0" 15' - 0"
35 FOOT HEIGHT MAXIMUM
NATURAL GRADE
PS
15' - 0" 10' - 0"
GARAGE(136')
-2' - 0"
GARAGE(136')
-2' - 0"
FIRST FL. CLG.
9' - 0"
T. O. RIDGE (162')
23' - 11 3/4" 22' - 9 3/4"
4' - 0"
GRADE
BEYOND
RETAINING WALL
11' - 11 1/4"
NATURAL GRADE
WESTERN
RED CEDAR
SIDING
PLASTER
FINISH- PRIMED
AND PAINTED
BENJAMIN MOORE
CHICAGO BLUE #804
LOW SHEEN, REGEL
SELECT
FLUSH WOOD
PANEL GARAGE DOOR
FACIA, GUTTER
BUCKTROUT BROWN
BENJAMIN MOORE
CW 180
LIGHT FIXTURE TYPE A
LIGHT FIXUTURES
TYPE A
HILLSIDE
STEPBACK
LINE
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
A
F O
TA
E
O R
C A LI F
N I
Exp. 01-31-25
C-32229
LI I
BAC
MA A
C
S
IA
S E
I L
E
C
N
D C H
C
T
E
TI
A R
SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
1 1/4" = 1'-0"
PROPOSED NORTH ELEVATION
2 1/4" = 1'-0"
PROPOSED EAST (FRONT) ELEVATION
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SEE A3.0
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10' - 0"
STEPBACK
15' - 0"
SETBACK
10' - 0"
STEPBACK
15' - 0"
FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
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STEPBACK
15' - 0" 20' - 0"
11' - 0" 8' - 0"
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18' - 9 23/32"
10' - 11 25/32"
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COLOR: BLACK
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STEPBACK LINE,TYP. 14' - 10 3/16"
REDUCED FRONT SETBACK
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NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
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1666 Gough Street, #303
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DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
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OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
1 1/4" = 1'-0"
PROPOSED WEST ELEVATION
2 1/4" = 1'-0"
PROPOSED SOUTH ELEVATION
0' 2' 4' 8' 16'
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287 MOUNTAIN VIEW AVE.
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1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
0' 2' 4' 8' 16'
A3.2
PROPOSED
STREET
ELEVATION
1 1" = 10'-0"
PROPOSED STREET ELEVATION
BACILIA MACIAS
ARCH ITECTURE
* *
0 FIRST FLOOR(138')
0' - 0"
FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
TOP OF PLATE
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DECK SITING
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PROFILE OF
GRADE
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GRADE AT FRONT
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11' - 0" 8' - 0"
2' - 0"
FIRST FL. CLG.
9' - 0"
9' - 0"
(E) CMU WALL TO
REMAIN
1' - 6"
(E) GRADE
T. O. RIDGE (162')
23' - 11 3/4"
9' - 0"
3:12
3:12
KITCHEN BEDROOM LIVING
ROOM
0' 2' 4' 8' 16'
17' - 5 5/32"
REDUCED FRONT SETBACK
10' - 0"
STEPBACK
15' - 0"
FRONT SETBCK
20' - 0"
PROPERTY LINE
FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
GRADE AT FRONT
-3' - 6"
GARAGE(136')
-2' - 0"
2' - 0"
11' - 0"
FIRST FL. CLG.
9' - 0"
9' - 0" 8' - 0"
9' - 0 1/8"
7' - 5 3/8"
T. O. RIDGE (162')
23' - 11 3/4"
1' - 6"
FURN
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PROPERTY LINE
REDUCED FRONT SETBACK
10' - 0"
STEPBACK
15' - 0"
FRONT SETBACK
20' - 0"
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
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SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
1 3D View 2
2 1/4" = 1'-0"
SECTION_FRONT TO BACK
A3.1
PROPOSED
SECTION AND VIEWS
OF MODEL
3 1/4" = 1'-0"
SECTION AT STAIRS
BACILIA MACIAS
ARCHITECTURE
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11' - 0"
TOP OF PLATE
19' - 0"
2 3 5 6 8 9
2' - 0" 11' - 0"
GARAGE(136')
-2' - 0"
(E) CMU BLOCK WALL
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T. O. RIDGE (162')
23' - 11 3/4"
0' 2' 4' 8' 16'
GARAGE
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PROPERTY LINE
FRONT SETBACK
20' - 0" REDUCED FRONT SETBACK
10' - 0"
STEPBACK
15' - 0"
FIRST FLOOR(138')
0' - 0"
SECOND FL.(149')
11' - 0"
TOP OF PLATE
19' - 0"
GRADE
-2' - 0"
2 3 5 6 8 9
GRADE AT FRONT
-3' - 6"
8' - 0" 11' - 0"
GARAGE(136')
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4 7
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1' - 6"
8' - 5 9/32"
T. O. RIDGE (162')
23' - 11 3/4"
PRIMARY CLOSET LAUNDRY SAUNA DECK
9' - 0"
PROPERTY LINE
REDUCED SETBACK
10' - 0"
FRONT SETBACK
20' - 0"
STEPBACK
15' - 0"
NEW SINGLE FAMILY RESIDENCE
287 MOUNTAIN VIEW AVE.
SAN RAFAEL, CA 94901
ST
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C A LI F
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Exp. 01-31-25
C-32229
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SKIP TRUST/
STEWART MUSIAL / TRI
1666 Gough Street, #303
San Francisco, CA 94109
DATE:
REVISIONS DATE
DRAWN BY:
AUG. 12, 2024
BM
3 C COPYRIGHT 2023
OWNER:
SHEET TITLE:
SHEET NO:
PLANNING SET
6007 NE Sacramento St.
Portland, OR 97213
[email protected]
www.baciliamacias.com
P: 510.929-0727
REVISION FOR PLANNING REVIEW
FEB. 5, 2024
4 REVISION FOR PLANNING REVIEW
April 3, 2024
A4.1
BUILDING SECTIONS
1 1/4" = 1'-0"
SECTION AT GARAGE
2 1/4" = 1'-0"
SECTION #2
3 VIEW FROM EASTERN CORNER
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0 Outlook
Fwd: Public Comments
From Nancy Hall Bennett >
Date Wed 11/13/2024 10:10 AM
To Renee Nickenig <[email protected]>
Cc Maribeth Bushey <[email protected]>; Matt Bennett My apologies, I had a typo in the email below.
NHB
---------- Forwarded message ---------
From: Nancy Hall Bennett <
Date: Wed, Nov 13, 2024 at 10:08 AM
Subject: Public Comments
To: <[email protected]>
Cc: Matt Bennett < >, <[email protected]> Renee,
As you know, I was unable to join the meeting last night. My husband planned to share the below remarks, but when he arrived he noted that the meeting was cancelled.
Perhaps, the issue of parking can be addressed prior to the next meeting? I have cc'd Councilmember Bushey as we engaged in some email back and forth last year on the same issue.
I appreciate your help and thank you,
Nancy
----
Good evening, Planning Commission. My name is Matt Bennett.
Together, my wife Nancy and I are the owners and residents of Mountain View Ave., directly across the street from this project. We have lived h e since 2011 with our two children. We are very pleased to see that plans are underway to develop the land after the landslide of 2017. We look forward to welcoming new neighbors across the street.
•
■
We understand that the project is proposing adjustments to parking. With that said, we appreciate that this allows us the opportunity to share our concerns about parking on Mountain View Ave.
As you may know, portions of Mountain View Avenue are very narrow. In fact, this project sits at the narrowest point of the street. From 264 to 287 the street is only 20 feet wide compared to 30 feet wide, beginning next door to this project. 283 Mountain View is an at-home daycare with many drop off and pickups per day.
Further, many families live here with multigenerational members and as a result many neighbors have more than two cars per residence. At any point of the day, we often find many cars parked on both sides of the street creating a narrow passage for traffic.
In 2021 ordinances were passed by the city council to update parking restrictions for emergency access within the city. Soon after, Mountain View Ave. was identified as one of many streets in need of better parking management for safe passage of emergency vehicles.
In 2023, we received notice that the portion of our street would fall into the affected area for new parking restrictions with red paint on the curb in front of our home and signage to educate motorists that parking was only allowed on the odd numbered side of the street. While that has not yet happened, I am told that we are still on the list for parking restrictions and I look forward to an update on these plans.
Thank you for the opportunity to participate and again, we welcome our new neighbors!
--
Nancy Hall Bennett
--
Nancy Hall Bennett
Outlook
Fw: Public Comment on 4/7
From Micah Hinkle <[email protected]>
Date Tue 4/1/2025 9:28 PM
To Lindsay Lara <[email protected]>; Brenna Nurmi <[email protected]> Cc Maribeth Bushey <[email protected]>; Margaret Kavanaugh-Lynch <Margaret.Kavanaugh[email protected]>; Cristine Alilovich <[email protected]>; Renee Nickenig <[email protected]>; April Miller <[email protected]> City Council Public Comments for 4/7 for 287 Mountain View, planning design review permit for new single family home.
Get Outlook for iOS
From: Nancy Hall Bennett < >
Sent: Tuesday, April 1, 2025 4:45 PM
To: Maribeth Bushey <[email protected]> Cc: Micah Hinkle <[email protected]>; Matt Bennett ; Cristine Alilovich <[email protected]>
Subject: Public Comment on 4/7
Councilmember Bushey,
Thank you for all your help with the Safe Parking implementation in the Dominican neighborhood.
In anticipation of City Council review of plans at 287 Mountain View on April 7th, please below find comments planned to address Council at the meeting
All the best,
Nancy
Good evening, Mayor and City Council. My name is Matt Bennett.
Together, my wife Nancy and I are the owners and residents of Mountain View Ave., directly across the street from this project. We have lived here since 2011 with our two children. We are very pleased to see that plans are underway to develop the land after the landslide of 2017. We look forward to welcoming new neighbors across the street.
We understand that the project is proposing adjustments to parking. With that said, we appreciate that this allows us the opportunity to share our concerns about parking on Mountain View Ave.
While this project has already gone through the Planning Commission, we were disappointed that our comments regarding parking were not heard. Today I come to you to ask the Council to consider putting parking restrictions into the construction management plan for the project OR to implement the City Council ordinance to support safe parking with the “Safe Parking and Parking Box Plan” on our street.
4/2/25, 4:43 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGE4NDc2ZDVlLWQxMTYtNDBiOC04NTI0LTRjYTQzNTJlMTJkMQBGAAAAAAAyY1qsYIBjQ6ajfUyz… 1/2 •
■
In 2022 we received notice from the city that the Safe Parking and Parking Box Plan were to be implemented. The original plan was approved by City Council in 2020 to support safe parking with red paint and signage that would inform motorists and allow for safety vehicles to operate on narrow streets, like ours. While we wait for the red paint and signage, we believe the concern for safe passage can be mitigated with placement of temporary signage and information to the contractors during construction.
While we welcome our new neighbors, we also hope that parking is managed appropriately, and safely, during the long construction phase of the new build.
Thank you
--
Nancy Hall Bennett
4/2/25, 4:43 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGE4NDc2ZDVlLWQxMTYtNDBiOC04NTI0LTRjYTQzNTJlMTJkMQBGAAAAAAAyY1qsYIBjQ6ajfUyz… 2/2 ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski, Assistant City
Manager
Daniel Cooperman, Community
Services Division Director
City Manager Approval: ______________
TOPIC: EVALUATION OF EXISTING CAMPING REGULATIONS, SANCTIONED CAMPING AREA INFORMATIONAL UPDATE, AND CHAPTER 19.50 OF THE SAN RAFAEL
MUNICIPAL CODE, CAMPING ON PUBLIC PROPERTY
SUBJECT: EXISTING CAMPING REGULATION EVALUATION, SANCTIONED CAMPING AREA
UPDATE, AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON PUBLIC PROPERTY” TO PROHIBIT CAMPING IN PARKS; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3), 15307 AND 15308
RECOMMENDATION:
Receive an update on homelessness and the Sanctioned Camping Area and introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.
BACKGROUND:
City Camping Regulations (Chapter 19.50 of the San Rafael Municipal Code) In July 2023, the City Council voted1to adopt Ordinance 2030 amend the City’s longstanding camping regulations to govern camping on public property in a manner that complied with the then-governing Martin v. Boise decision. Shortly after the City adopted the amendments to Chapter 19.50, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act (ADA) claims and other legal theories, in particular that Chapter 19.50 constituted a “state created danger”. In response, the court entered a temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s ability to enforce its local camping regulations. 1 https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/07/4.a-Regulating-Camping-on-PublicProperty-Ordinance.pdf ' •
, SAN RAFAEL
5:r(#\ THE CITY WITH A MISSION
V established 1874
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In May 20242, the City amended Chapter 19.50 (Ordinance 2035) in an attempt to address the federal court’s concerns, and, consequently, seek dismissal of the plaintiffs’ lawsuit. Ordinance 2035 modified the size and spacing restrictions in Ordinance 2030 in a manner to address the Court’s concerns. It also required, among other things, that campsites be set back from private property lines.
In June 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson. Since 2018, Martin v. Boise (a prior Ninth Circuit decision upon which Grants Pass was based) had significantly limited local government’s ability to regulate homeless encampments and created a slew of lawsuits brought upon local government agencies. Applying Martin, the Ninth Circuit had held that the City of Grants Pass violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States Constitution by prohibiting camping on public property when the City could not establish that there was enough alternative shelter available to accommodate the number of individuals experiencing homelessness in the community. The Supreme Court rejected this Eighth Amendment theory.
The Federal District Court granted the City’s motion to dismiss and dissolved the injunction on August 7, 2024. The Court held that the City’s amendments to Chapter 19.50 adequately addressed the legal concerns raised by the plaintiff’s lawsuit and the Court.
In August 2024,3following the dismissal of the Boyd lawsuit, the City Council adopted Ordinance 2040 which revised the camping ordinance following Grants Pass decision to provide the City greater flexibility to prohibit camping or set time, place, or manner conditions on camping on public property. The ordinance clarified a prohibition on occupying, constructing, or affixing structures made of building materials on public property and required campsites be at least five feet from the edge of roadway pavement to ensure safety and prevent obstruction of traffic. At that time the City Council also directed staff to return in Spring 2025 with an evaluation and any proposed changes for the camping regulations.
Ordinance 2040 took effect on October 3, 2024.
Enforcement of the Camping Regulations
Once Ordinance 2040 took effect in October, the City began a regular cadence of enforcement, as described below:
• Enforcement activities of Chapter 19.50 of the SRMC relating to violations of the campsite size maximums, setback requirements, and/or unpermitted structures and building materials take place each week on Tuesdays and Thursdays, as described in Table 1 below. However, when there are significant health and safety exigent circumstances, the City will abate immediately outside of the regular enforcement schedule.
• Enforcement activities relating to violations of camping prohibitions (i.e. camping in a prohibited area) take place on Tuesdays and Wednesdays of each week as described in Table 2 below. 2 https://storage.googleapis.com/proudcity/sanrafaelca/2024/04/6.b-Ordinance-Regulating-Camping-on-Public-Property.pdf 3 https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/5.a-Proposed-Camping-Ordinance-Amendments-Report-onHomelessness-Including-Sanctioned-Camping-Program-Homeless-Program-Contracts-Appropration-of-Funds.pdf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Table 1: Violations of campsite size maximums, setbacks, and illegal structures Tuesday (AM) Activities Thursday (AM) Activities
• San Rafael Police Department (SRPD) and
City Staff conduct a weekly review of known
hotspots and other sites with reported
encampments.
• SRPD Special Operations Unit (SOU) issues
notices to those campsites out of compliance
with SRMC 19.50.
• SRPD to dedicate 2 hours every Tuesday for
area assessments and noticing.
• Debris collection will occur on Thursday mornings,
48 hours after notices have been issued.
• SRPD to staff approximately 2-3 hours every
Thursday for presence during clean ups.
• Additional clean-up actions beyond the 2-3 hours
to take place as needed on Thursdays, as directed
by SRPD or City Staff.
Table 2: Camping in prohibited area violations
Tuesday (AM) Activities Wednesday (AM) Activities
• SRPD and City Staff conduct a weekly review
of problem prohibited properties (e.g. South
Mahon) and other sites as reported
• SRPD SOU issues notices to those campsites
out of compliance with SRMC 19.50.
• SRPD to dedicate 2 hours every Tuesday for
area assessments and noticing (same as
above)
• Debris collection will occur on Wednesday
mornings, 24 hours after notices have been issued.
• SRPD to staff as needed for presence during clean
ups.
In addition, the City budgets for 1.5 full time equivalent park rangers who work for the San Rafael Police Department who assist with patrolling open space areas (where camping is currently prohibited) to enforce Chapter 19.50 and remove ignition sources in those areas specifically.
Based on the aforementioned enforcement activities, staff have found that there are no individuals camping in City parks as of
April 2nd 2025.
Sanctioned Camping Area (SCA)
The California lnter-agency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of:
• Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; and • Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and
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• Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments.
The City and County of Marin collaborated on an ERF3 grant application, and in April 2024, Cal ICH announced its intention to award a total of $5,999,241 in funding to both the County of Marin and the City. This funding is specifically aimed at jointly addressing the Mahon Creek Path Area Encampment in San Rafael. The grant represents the largest award the City of San Rafael has received for addressing homelessness, following a renewed effort by City and County staff to enhance collaboration in tackling this issue. Furthermore, since August 2024, City and County staff have held four comprehensive partnership meetings, which have helped streamline response efforts and set clear goals for serving San Rafael’s unhoused community as it relates to the ERF3 grant.
A SCA has several elements that differentiate it from other camping areas. The City's SCA addresses safety and security, through gates, fencing, security guards and fire prevention (e.g., placement of fire extinguishers and regular inspections); living and meeting spaces, through specified tent sizes, temporary and housing/outreach staff storage units, and meeting space canopies; and sanitation, though portable restrooms with handwashing stations, garbage pick up and designated smoking and pet use areas. In addition, the City's SCA receives housing and case management and outreach services, weekly showers, SAFE Team and has a code of conduct. Further information can be found in the City Council Agenda Report for Item No. 5a at its August 19, 20244 meeting.
Before the launch of the SCA in October 2024, City and County staff, in collaboration with nonprofit partners, reviewed lists of identified individuals who had been or were presently residing within the Mahon Creek Area encampment as of early 2024, when the ERF3 grant application was submitted. In the weeks leading up to the SCA opening, staff conducted outreach to inform prospective participants about the site’s code of conduct and assist them with completing the necessary intake forms.
ANALYSIS:
Evaluation of Current Camping Regulations
Since Ordinance 2040 took effect in October 2024, staff have been tracking metrics to determine the Camping Ordinance’s effectiveness and overall impact on the City’s ability to regulate encampments on public property. The City tracks potential violations of the camping ordinance through “Calls for Service” which take place when a resident reports to SRPD or via the email address, [email protected]. These reports are classified as “Municipal Code Violations” related to camping within San Rafael, and capture violations such as, obstructing sidewalks, camping within designated open space lands, and other violations. These reports are all sent directly to the SRPD Special Operations Unit who responds to check the reported location.
Since October 2024, staff have informed and encouraged the public to report potential camping ordinance violations via the email address, [email protected]. During the evaluation period of October 2024 to February 2025, staff received 115 inquiries through this account, 35 of which were reports of potential camping ordinance violations. This is in addition to the numerous phone calls and other interactions staff have had with the community at various meetings.
In addition, the City engages in proactive enforcement of Chapter 19.50, as described above. These activities are captured through “Campsite Warning Police Reports” whereby the Special Operations Unit 4 https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/5.a-Proposed-Camping-Ordinance-Amendments-Report-onHomelessness-Including-Sanctioned-Camping-Program-Homeless-Program-Contracts-Appropration-of-Funds.pdf SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
visits a non-compliant campsite, issues a warning, and returns 48-hours later to check on compliance/coordinate with the City’s encampment clean-up contractor.
Staff reviewed the number of Calls for Service (CFS) to the Police Department during the five-month period preceding the implementation of Ordinance 2040 (May to September 2024) and compared it to the five-month evaluation period following its implementation (October 2024 to February 2025). Table 3 below shows the period preceding implementation of the ordinance with 161 CFS, and a 38.51% increase during the evaluation period, resulting in a total of 223 CFS. This increase is most likely attributable to the community’s increased awareness of how to report camping ordinance violations.
With the opening of the SCA and the related prohibition of camping along the northern portion of the Mahon Creek Path, the City has seen a significant decline in the number of Campsite Warning Reports, which have decreased by nearly 20% when compared to the five month period prior to October 2024 when both the Sanctioned Camping Area and the current camping regulations took effect. While understandable—less campsites equaling fewer potential violations—this data point also underscores how the SCA is a crucial tool in the City’s ability to manage camping on public property.
Table 3: Citywide Calls for Services & Campsite Warning Police Reports Category May 2024 –
September 2024
October 2024 –
February 2025 Trend
Calls for Service 161 223 +38.51%
Campsite Warning Police
Reports 84 69 -17.86%
Sanctioned Camping Area (SCA) Evaluation
The SCA opened on October 4, 2024, with a total site capacity of 50 individuals to reside in 50, 10’x10’ tents. The program is currently at full capacity with 50 participants. The program is working as intended as the City recently celebrated its first participant securing and moving into permanent housing last month. Another participant has received a housing voucher and is actively searching for an apartment.
Outreach, case management, and the on-site program management team with FS Global all continue to support the participants, ensuring they are gaining all necessary documentation to be ready to apply for housing as soon as additional vouchers are released or project-based units become available.
The Encampment Resolution Funding Round 3 (ERF3) grant, which the SCA is a part of, operates in partnership with the County of Marin’s Health and Human Services Division (HHS). Marin County contracted for the staffing of the ERF3 program, and the contract is through St. Vincent de Paul Society for housing-based case management personnel. The first case manager dedicated to the ERF3 program began in late March, increasing the percentage of site participants receiving housing-based case management to 60%. The HHS will present a contract for two additional case managers to support the remaining site participants and one outreach worker to the Marin County Board of Supervisors on April 15, 2025. The total cost of these three-year contracts will be approximately $1.5 million.
Since the SCA began operations, 10 individuals have exited the site – some due to code of conduct violations, others for extended absences without providing prior notice, and one so far who has transitioned into permanent housing. Additionally, since moving into the SCA, five participants have successfully gained employment, demonstrating the stability and opportunities the program can help SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
foster. Many participants are thriving with improved social health, benefiting from a safe, stable place to sleep and store personal belongings. Through this supportive environment many participants have reconnected with medical services, improved connection with service providers, and are rebuilding practices that are important for housing stability and transitioning back into housing.
Proposed Amendments to Chapter 19.50
Concerns about the unhoused population camping in parks and the sensitivity to encampment-related fires in San Rafael has grown. Over 90% of all wildfires in this country are human caused; although not all of these fires were intentionally set by individuals, this data supports the City’s recommendation to ban camping in parks to protect the safety of the community. In Marin, given the low lightening frequency, that number is likely closer to 99%. Reducing potential ignition sources is a key wildfire risk reduction activity. Campfires and open flames, including those for warming and cooking, and discarded smoking materials can easily ignite dry grasses and brush in open space and parks. These ignitions can lead to wildfires that threaten both the individuals camping and the surrounding community. Unsanctioned encampments lack the resources to detect and safely manage fires, making the risk even greater. Recent fire incidents elsewhere in the state and public awareness have heightened public sensitivity to these risks, leading to calls for action from residents across the City. As the rainy season ends, peak wildfire season in Marin County is quickly approaching.
On February 24 2025, Cal Fire released its updated Fire Hazard Severity Zones map, which for San Rafael, designated a number of City Park properties within a Fire Hazard Severity Zone, including but not limited to, Gerstle, Sun Valley, Peacock Gap, Victor Jones, Santa Margarita, Jerry Russom Memorial and Terra Linda parks. The Fire Hazard Severity Zones measure hazard, not risk. Hazard is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures. Risk looks at how these hazards interact with people, development, and other infrastructure, including City parks. In accordance with Government Code Section 51176, the purpose of Fire Hazard Severity Zones map is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread and reduce the potential intensity of uncontrolled wildfires that threaten to destroy resources, life, or property, and to require that those measures be taken.
Given the community’s concerns and heightened sensitivity to wildfire risks due to the January 2025 wildfires in Southern California, such as the Palisades Fire burning 23,707 acres and destroying over 6,800 structures and the Eaton Fire burning 14,021 acres and destroying over 9,400 structures, and in light of the release of the Fire Hazard Severity Zone map, staff evaluated amending Chapter 19.50 to prohibit camping within these areas to mitigate the hazards associated with camping in a higher hazard severity areas. When factoring in existing camping prohibitions at Albert Park, Boyd Park, and at the Falkirk Cultural Center, camping would be prohibited in a majority of City Parks. Including all City Parks in the Camping Regulations offers clarity for parks that may fall partially within a hazard zone, includes parks in the Wildland Urban Interface (WUI) but not hazard zone, and assures that the few potentially excluded parks do not become areas for encampments. For example, Oleander Park and the playground at Terra Linda Park are outside of the hazard zone, but only a residential road away from being in the designated Wildland Urban Interface. Given the behavior of embers and their ability to quickly spread fire, any ignition within these example parks could quickly result in a fire in the Wildland Urban Interface or Fire Hazard Severity Zone.
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Staff is not proposing to prohibit camping in all of the hazard severity zones due to mitigating factors, reporting and response times, and land ownership. The City has an active roadside vegetation clearing program that mitigates risk of encampment fires along roadways. The camping regulations also prohibit camping within 5 feet of roadway pavement. In these highly traveled areas, any ignition is likely to be quickly reported and prove an easy initial response for firefighters. Developed areas in the hazard zones, , do not pose the same risk due to having well maintained defensible space, nearby fire suppression and alerting tools, and a reduced likelihood of ignition based on human behaviors and ground covering. A camp stove on the pavement poses a much lower risk than a campfire in the leaves, grasses and shrubs of parks such as Los Ranchitos or Peacock Gap Park. Lastly, the City has and enforces Citywide Vegetation standards (SRMC 4.12) to mitigate wildfire risk in all privately owned areas of the hazard zones and WUI.
Temporary Administrative Order
On March 27, 2025, the City Manager issued a temporary administrative order (Attachment 2) prohibiting camping in all City parks. The purpose of this order was to preserve the then current condition at City parks where no individuals experiencing homelessness were camping, to minimize the risk of displacement should the City Council enact a prohibition of camping in parks, and to ensure the entire community, including individuals experiencing homelessness, would still have the ability to utilize public parks during regular hours of operation which are sunrise to sunset. The term of the Administrative Order coincides with the timeframe for an ordinance amending Chapter 19.50 to become effective if the City Council decides to adopt an ordinance. Should the City Council decide not to adopt the staff recommendation, the City Manager would rescind the Administrative Order.
According, based on the foregoing, staff is recommending the City Council amend the camping ordinance to prohibit camping in all City parks. The proposed ordinance accomplishes this prohibition by replacing “open space property” with “parks” as defined in SRMC Section 19.20.020(I) since that definition of parks includes both parks and open space.
ENVIRONMENTAL REVIEW:
The proposed ordinance does not constitute a project for purposes of environmental review under the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") and is exempt from review under CEQA Guideline 15061(b)(3) because adoption of the proposed ordinance is not expected to have any change in the environment. Further, the proposed ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
COMMUNITY OUTREACH:
Last fall, the City established the Homelessness Solutions Working Group to bring concerned residents and business owners together to discuss their concerns around Homelessness in San Rafael, brainstorm ideas around the potential solutions to the issue and to ultimately have participants become trusted messengers who will communicate with their colleagues and neighbors about what they’ve learned and what the City and the County are doing together to respond to homelessness in San Rafael.
This group of 30 residents, who self-selected to participate, participated in three meetings over the last six months. While the first meeting provided an opportunity for participants to learn about the City’s work responding to homelessness as well as provide “blue sky” or ideal solutions to homelessness, the latter SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
two meetings were overwhelmingly focused on the Camping Ordinance,at the request of the working group members. The topic of the City’s camping ordinance was brought up early and often throughout the working group meetings, including the final meeting which focused solely on potential changes and implications of the ordinance. At the final meeting, the group provided feedback on potential changes to the camping ordinance via an anonymous survey with three potential options. The majority of attendees supported prohibiting camping in City parks either entirely or just in parks within a Fire Hazard Severity Zone.
Table 5: Homelessness Solutions Working Group Survey Results Survey Option Votes
Prohibit camping in all San Rafael parks 7
Prohibit camping only in parks located within the Fire Hazard Severity Zones 4 No changes to the current camping ordinance 3
Other 2
The survey results align with the hundreds of inquiries and comments City staff has received via phone, in-person meetings, and responses to the “[email protected]” email account.
Information regarding the City Manager’s temporary administrative order and this agenda item was shared with our local non-profit service providers, as well as with members of the Homelessness Solutions Working Group (which includes individuals with lived experience). Information regarding this agenda item was also shared via the City’s Homelessness Update Monthly E-Newsletter.
In addition to the feedback received from the Homelessness Solutions Working Group, staff have had many discussions with residents and business owners regarding the City’s camping regulations over the last nine months. The majority of those individuals indicated a preference for the City to prohibit camping all together.
Staff are not recommending an outright ban on camping in San Rafael. Staff’s focus is on working collaboratively with unhoused residents, local non-profit service providers, and the County of Marin to connect unhoused residents with the resources, services, and housing opportunities they need to achieve long-term stability. Such a focus is based on a regional, compassionate, and trauma-informed approach to addressing homelessness, and is indicative of the believe that every person in San Rafael, regardless of housing status, deserves dignity, respect, and a safe place to call home. Staff will continue to monitor the effectiveness of the camping regulations and will bring further recommendations for changes back to the City Council should conditions, laws, or other circumstances warrant them.
FISCAL IMPACT:
There is no fiscal impact associated with the staff recommendation contained in this agenda item.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve the staff recommendation and introduce the Ordinance waive further reading of the Ordinance and refer to it by title only
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2. Direct staff to return with substantive changes to the Ordinance and whether the City Manager should rescind, extend or otherwise modify the Administrative Order dated March 27, 2025
3. Take no action and provide direction whether the City Manager should rescind, extend or otherwise modify the Administrative Order dated March 27, 2025.
RECOMMENDED ACTION:
Introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.
ATTACHMENTS:
1. Proposed Ordinance
2. Administrative Order dated March 27, 2025
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON PUBLIC PROPERTY” TO PROHIBIT CAMPING IN PARKS
SECTION 1. FINDINGS
The City Council having reviewed and taken into consideration all written and oral information submitted in this matter and after a properly noticed public hearing makes the following findings in support of this Ordinance:
WHEREAS, the City of San Rafael has implemented a Sanctioned Camping Area on City public property as part of its comprehensive approach to address homelessness within the City; and WHEREAS, the SCA addresses safety and security, through gates, fencing, security guards and fire prevention (e.g., placement of fire extinguishers and regular inspections); living and meeting spaces, through specified tent sizes, temporary and housing/outreach staff storage units, and meeting space canopies; and sanitation, though portable restrooms with handwashing stations, garbage pick up and designated smoking and pet use areas; and WHEREAS, residents of the SCA receive housing and case management and outreach services, weekly showers, and other services and have to abide by to a code of conduct; and WHEREAS, in less than six months since the SCA began operations, at least one individual has secured permanent housing and another five individuals have secured employment; and WHEREAS, the Sanctioned Camping Area is regulated and structured in a manner not only to mitigate public health and safety risks to both its residents and the community at large, but also to promote the well-being of its residents; and
WHEREAS, over 90% of all wildfires in this country are human caused. In Marin, given the low lightening frequency, that number is likely closer to 99%. Reducing potential ignition sources is a key wildfire risk reduction activity. Campfires and open flames, including those for warming and cooking, and discarded smoking materials can easily ignite dry grasses and brush in open space and parks. These ignitions can lead to wildfires that threaten both the individuals and the surrounding community: and
WHEREAS, camping in parks creates heightened fire risks due to the use of open flames for cooking and warmth, and the potential for improperly discarded smoking materials, particularly in areas with dry vegetation or brush that could easily ignite and lead to wildfires threatening both unhoused individuals and the surrounding community; and WHEREAS, unregulated encampments typically lack the resources and facilities to safely manage fires, further increasing the associated risks; and WHEREAS, recent fire incidents elsewhere in the state, such as the January 2025 fires in Southern California, with the Palisades Fire burning 23,707 acres and the Eaton Fire burning 14,021 acres, have heightened public awareness and sensitivity to these risks; and WHEREAS, on February 24, 2025, Cal Fire released its updated Fire Hazard Severity Zones map, which designated City parks within Fire Hazard Severity Zones, including but not limited to Gerstle, Sun Valley, Peacock Gap, Victor Jones, Santa Margarita, Jerry Russom Memorial, and Terra Linda parks; and
WHEREAS, Government Code Section 51179 requires the City to adopt an ordinance designating moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of the release of the aforementioned map released by Cal Fire; and WHEREAS, in accordance with Government Code Section 51176, the purpose of Fire Hazard Severity Zones map is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken; and.
WHEREAS, upon evaluating potential amendments to Chapter 19.50 to prohibit camping within Fire Hazard Severity Zones, staff determined that, when combined with existing camping prohibitions at Albert Park, Boyd Park, and the Falkirk Cultural Center/Menzies Lot, such amendments would effectively prohibit camping in a majority of City parks; and WHEREAS, including all city parks in a camping prohibition offers clarity for parks that may fall partially within a hazard zone, includes parks in the Wildland Urban Interface (WUI) but not hazard zone, and assures that the few potentially excluded parks do not become areas for encampments. Given the behavior of embers and their ability to quickly spread fire, ignition could quickly result in a fire in the WUI or Fire Hazard Severity Zone; and
WHEREAS, the City Council declines to prohibit camping in all of the hazard severity zones due to mitigating factors, reporting and response times, and land ownership; and.
WHEREAS, the City regularly patrols its parks and based on those patrols, finds that as of the date of the Administrative Order dated March 27, 2025, there were no individuals camping in its parks; and
WHEREAS, by amending the City’s camping regulations, the City’s goal is to effectively regulate and enforce camping laws for the health and safety of all the public, including residents who are experiencing homelessness, and to mitigate the risk of displacement of individuals by undertaking such an amendment when there has been no camping in the parks; and WHEREAS, for the reasons set forth above, this Ordinance is declared by the City Council to be necessary to protect public health, safety, and welfare; preserve public property for the enjoyment and safety of all members of the public; enhance and preserve the orderly administration and management of public property; and preserve, protect, and prevent damage to public resources, and the recitals above taken together constitute the City Council’s statement of the reasons for adopting this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 19.50 Chapter 19.50 of the San Rafael Municipal Code, entitled “Camping of Public Property” is hereby amended as follows, with addition shown in underlined and deletions shown with strikethrough:
Chapter 19.50 - CAMPING ON PUBLIC PROPERTY
19.50.010. - Purpose.
The purposes of this chapter include but are not limited to: protecting public health, safety, and welfare; preserving public property for the enjoyment and safety of all members of the public; enhancing and preserving the orderly administration and management of public property; and preserving, protecting, and preventing damage to public resources. This chapter prohibits conduct that unreasonably interferes with the administration and lawful uses of public property by establishing reasonable time, place, and manner conditions related to camping on public property.
19.50.020 - Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. "Camp" or "Camping" means use of space on public property for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or using any tents or shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.
B. "Camp paraphernalia" means implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment.
C. "Campsite" means the primary physical area of occupation of one person camping or up to four persons camping together, inclusive of camp facilities, camp paraphernalia, and personal property.
D. "Open space property" means any area described in San Rafael Municipal Code Section
19.10.020. The city will maintain on its public website and in hard copy at the City Clerk's office a map of all open space property meeting this definition. “Park” means any area described in area described in San Rafael Municipal Code Section 19.20.020(I). The city will maintain on its public website and in hard copy at the City Clerk’s office a map of all parks meeting this definition.
E. "Playground" means an improved outdoor area designed, equipped, and set aside for children's play in a park or school that is not intended for use as an athletic playing field or athletic court, and also includes any playground equipment, fall zones, surface materials, access ramps, and all areas within and including any designated enclosure and barriers.
F. "Public facility" means any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.
G. "Public property" means any real property within the jurisdiction of the City of San Rafael, which is owned, managed, or controlled by the City of San Rafael.
H. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes.
I. "Public utility infrastructure" means public bathrooms or infrastructure and equipment used to provide public utility services, including electricity, gas, water, stormwater, telecommunications, and sanitation services.
J. "School" means any public or private institution of educational learning up to and including grade 12.
K. "Sidewalk" means any area in the city provided for the use of pedestrians, including planting areas, driveway approaches, and parking strips, between the public vehicular roadway and the edge of public right-of-way bordering, fronting, or adjacent to private real property.
L. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
M. "Vehicle" means any wheeled conveyance, whether motor-powered or self- propelled, and includes any trailer in tow of any size, kind, or description.
19.50.030 - Prohibited Camping on Certain Public Property.
A. Prohibited Camping
1. Open space property Park. No person or persons shall camp in or on any open space property park, or portion thereof.
2. Parking garages. No person or persons shall camp in or on the premises of any parking garage, or portion thereof, owned or operated by the city.
3. Public facilities. No person or persons shall camp in or on any public facility, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with access to a public facility or private real property.
4. Playgrounds. No person or persons shall camp within 100 feet of any playground.
5. Schools. No person or persons shall camp within 250 feet of the property boundary of any school.
6. Public right-of-way and sidewalks. No person or persons shall camp in or on any public right-of-way or sidewalk, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with use of or access to a public right-of-way or sidewalk.
B. The city council or city manager may, by resolution or administrative order, absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof.
C. The city shall maintain on its public website and in hard copy at the city clerk's office a current citywide map of all public property parcels prohibited to camping by subsections (A)(1), (A)(2), (A)(4), (A)(5), and (B) of this section 19.50.030.
19.50.040 - Prohibited Camping on Other Public Property; Exception.
A. As to public property not listed as prohibited for camping under Section 19.50.030, no person shall camp on such other public property, except as set forth below.
B. Time, place, and manner conditions:
1. Campsite size and occupancy.
a. No campsite occupied by one person shall exceed an area of 200 sq. ft., inclusive camp paraphernalia, and personal property.
b. No campsite occupied by more than one person shall i) exceed an occupancy of four persons or ii) exceed an area of 400 sq. ft., inclusive of camp paraphernalia, and personal property.
c. All camp paraphernalia, and other personal property shall be stored and kept within the maximum permitted campsite area.
d. Items stored or discarded outside of the maximum permitted campsite area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
e. No person shall establish or occupy more than one campsite.
2. Clearance and setbacks.
a. A minimum clearance of 10 feet around all sides of any campsite allowed under this section shall be maintained free and clear of trash, debris, and personal property, including but not limited to camp facilities and camp paraphernalia. Items stored or discarded within the 10-foot clearance area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.
b. No campsite may be established or occupied within 10 feet of any other campsite allowed by this section, public utility infrastructure, or private real property, including a fence of such property.
c. No campsite may be established or occupied within 5 feet of the edge of pavement of a roadway open to the use of the public for purposes of vehicular traffic.
3.Unpermitted structures and building materials. No person shall occupy, construct, or erect on public property, or affix or tie to public or private property, any building, shed, shack, fence, or other structure made of building material, or store any building material on public property for camping. For purposes of this paragraph, “building material” includes wood, steel, concrete, stone, brick, masonry, plastic, cement composites, glass, sand, or other similar material of a type and quantity normally used for construction purposes.
a. Exception: Fabric tents, fabric tarps, or other similar non-permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed or tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item to unimproved ground on public property.
b. Exception: Removable plastic pallets or sandbags may be used to temporarily raise a tent or other camp facility off of the ground, provided that such items are not affixed or tied to any public property, private real property, vegetation, or infrastructure.
19.50.050 - Violations; Enforcement.
A. In addition to enforcement as described below, the City may enforce this chapter pursuant to chapters 1.42, 1.44, and 1.46; provided, however, that no person shall be charged with a criminal violation unless their unlawful conduct is knowing or willful.
B. The city manager or their designee shall be responsible for enforcement of this chapter.
C. For a violation of section 19.50.030(A)-(B), the city manager or their designee may require the person in violation to immediately cease the prohibited camping.
D. For violation of section 19.50.040(B)(1)-(2), related to the size, occupancy, and clearance or setbacks of a campsite, the person camping shall be given 48 hours to come into compliance with this chapter. The city manager or their designee shall provide upon request a physical demarcation of the allowed boundary to assist the person camping to comply with this chapter.
E. Unpermitted structure. For a violation of section 19.50.040(B)(3), related to an unpermitted structure, the structure shall be tagged with a notice to remove the structure from public property within 48 hours. If the noticed structure is not removed from public property within 48 hours of notice, the city manager or their designee may immediately remove such structure and restore the public property.
F. Exigent Circumstances. For a violation of section 19.50.040(B)(1)-(2) whereby there is an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action, the City Manager or their designee may require the person in violation to immediately cure the violation. The City Manager or their designee shall provide as much advance notice as reasonable under the circumstances.
19.50.060 - Conflict with Other Regulations.
To the extent that there is any conflict with any other provisions of this code, the standards and regulations of this chapter shall prevail.
SECTION 3. COMPLIANCE WITH CEQA
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. The City Council hereby finds that under section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of I
CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect 30 days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 7th day of April 2025, and was passed and adopted at a regular meeting of the San Rafael City Council on the 21st of April 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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Kate Colin, Mayor
ATTEST:
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Lindsay Lara, City Clerk
CITY OF SAN RAFAEL ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER OF THE CITY MANAGER
PROHIBITING CAMPING IN CITY PARKS:
(EFFECTIVE MARCH 26, 2025 THROUGH MAY 22, 2025)
This Administrative Order of the City Manager of the City of San Rafael prohibits camping in or on city parks as defined by San Rafael Municipal Code Section
19.20.020(1), in the City of San Rafael. This Order is effective from the date of this Order through May 22, 2025. This Order is being issued pursuant to the authority of the City Manager, under San Rafael Municipal Code section 19.50.030(8), to "absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or one or more public properties, or portion thereof."
I. BACKGROUND
Through other Administrative Orders and City Council Actions, the City has prohibited camping at Albert Park (March 6, 2023), Boyd Park ( February 2, 2015), the Falkirk Cultural Center (July 27, 2023, August 13, 2024, Revised August 31 , 2023, October 2, 2023), a portion of Lindaro Street (December 61 2023), and the northern portion of the Mahon Creek Path (December 6. 2023, September 9, 2024) On February 24, 2025, Cal Fire released its updated Fire Hazard Severity zones map, which for San Rafael, designated a number of park properties within a Fire Hazard Severity Zone. Parks that fall within a Fire Hazard Severity Zone include but not limited to, Gerstle, Sun Valley, Peacock Gap, Victor Jones, Santa Margarita, Jerry Russom Memorial and Terra Linda parks.
Concerns about the unhoused population camping in parks and the sensitivity to encampment-related fires in San Rafael has grown. One major concern is the safety hazard posed by fires, especially in areas near dry vegetation or brush. Campfires and discarded smoking materials used for warmth or cooking can easily ignite these materials, potentially leading to wildfires that threaten both the individuals and the surrounding community. Encampments lack the resources to safely manage fires, making the risk even greater. Recent fire incidents elsewhere in the state and public awareness have heightened public sensitivity to these risks, leading to calls for action from residents across the City. Additionally, the fire season in California is approaching and this prohibition is in alignment with the City's ongoing wildfire prevention efforts.
Given the community's concerns and heightened sensitivity to fire risks due to the January 2025 fires in Southern California, such as the Palisades Fire burning 23,707 acres and the Eaton Fire burning 14,021 acres, and in light of the release of the Fire Hazard Severity Zone map staff evaluated amending Chapter 19.50 to prohibit camping within these areas. However, when factoring in existing camping prohibitions at Albert