San Rafael City Council
June 23, 2025

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 23, 2025
SPECIAL MEETING AT 4:00 P.M. AND 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

SPECIAL MEETING AT 4:00 P.M.

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

Watch on Webinar: https://tinyurl.com/CCSP-06-23-2025
Listen by phone: (669) 900-9128
ID: 896-7852-8953#

1. Planning Commission Interviews
Interview Applicants and Make An Appointment to Fill One Four-Year Term Through the End of October 2027 on the Planning Commission Due to the Resignation of Danielle O’Leary (CC) Recommended Action – Interview applicants and make appointment 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 Webinar: https://tinyurl.com/city-council-2
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 4:45 PM

1. Mayor Kate to announce Closed Session items.

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

2. Closed Session:
2 a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, Government Code Section 54956.9(d)(1)
River Landon, LLC v. Hinkle, et al. U.S. District Court for the Northern District of California, Case No. 3:25-cv-04904-LB
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
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
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 620 Canal Street, San Rafael, CA (APN 014-162-01) Agency negotiator: Cristine Alilovich, City Manager; Micah Hinkle, Director of Community Economic Department; Greg Minor, Assistant Director of Community and Economic Development
Negotiating parties: The Anthony Cavallo Trust
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 Regular City Council Meeting of June 2, 2025 (CC) Recommended Action - Approve minutes as submitted
b. Proclamation
Proclamation Supporting Parks and Recreation Month (LR) Recommended Action – Receive and file
c. Professional Services Agreement for Legal Services
Resolution Authorizing the City Manager to Execute a Professional Services Agreement in an Amount Not to Exceed $600,000 with Burke, Williams & Sorensen, LLP for Legal Services (CA)
Recommended Action – Adopt Resolution
3 d. Homelessness Services Contracts
Resolutions Authorizing the City Manager to Amend Contracts with Foege Schuman Global Disaster Solutions LLC for Encampment and Debris Removal, in the Amount not to Exceed $200,000, for a total not to Exceed Amount Under this Agreement of $350,000; and with Foege Schuman Global Disaster Solutions LLC for Sanctioned Camping Area Operations in the Amount not to Exceed $675,000 for a Total not to Exceed Amount of $1,350,000, and with Defense Block Security for Security Services at the Sanctioned Camping Area in the Amount by $750,000 for a Total not to Exceed of Amount of $1,600,000; and Authorizing Supplemental Budget Appropriations of $1,425,000 from Available Encampment Resolution Fund-Round 3 (ERF3) Grant Funds to Support Amended Contracts (CM) Recommended Action – Adopt Resolution
e. Extending On-Call Building Plan Review and Inspection Consulting Services Agreements Resolution Authorizing the City Manager to:
1) Amend Professional Services Agreements for On-Call Building Plan Review and Inspection Consulting Services to Increase the Total Compensation Amount for Coastland Civil Engineering, LLP by $200,000 for a Total Not to Exceed Amount of $400,000 and to Increase the Total Compensation Amount for Interwest Consulting Group By $300,000 for a Total Not to Exceed Amount of $450,000; and
2) Authorize Supplemental Fiscal Year 2024-25 Budget Appropriations of $500,000 (General Fund) Supported Through Increased Permit Fee Revenues (CED) Recommended Action – Adopt Resolution
f. Exploring Formation of a Community Land Trust with The County of Marin Resolution in Support of Exploring the Formation of a Community Land Trust with The County of Marin as a Step Toward Achieving Compliance with the Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy (CED) Recommended Action – Adopt Resolution
g. Ending Grant Agreement with Homeward Bound for 830 B Street Affordable Housing Resolution As the Housing Successor to the San Rafael Redevelopment Agency Authorizing the City Manager to Execute an Amendment to Terminate the Grant Agreement Between the San Rafael Redevelopment Agency and Homeward Bound of Marin Dated May 4, 1998, for the Rehabilitation of 29 Affordable Residential Units at 830 B St, Contingent Upon a Return of $16,560 in Grant Funds to the Low and Moderate Income Housing Fund (CED) Recommended Action – Adopt Resolution
h. Loch Lomond 10 - Mello-Roos District No. 1992-1 Special Tax Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond #10) for Fiscal Year 2025-26 (CED)
Recommended Action – Adopt Resolution
i. The Village at Loch Lomond Marina - Mello-Roos District No. 2 Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2025-26 (CED) Recommended Action –

SPECIAL PRESENTATIONS

5. Special Presentations
4 a. Presentation of Proclamation in Recognition Louise Yost, Retiring from the Pickleweed Advisory Committee

OTHR AGENDA ITEMS

6. Other Agenda Items
a. Public Art Program Implementation Agreement
Resolution Authorizing the City Manager to Execute a Professional Services Agreement in An Amount Not to Exceed $250,000 with Local Edition Marketing, LLC to Implement a Public Art Program Funded by a Grant from the California Arts Council for the Downtown San Rafael Arts District (CED)
Recommended Action – Adopt Resolution
b. 620 Canal Street Acquisition
Resolution Authorizing the City Manager to:

1. Negotiate and Execute a Grant Agreement, in a Form Approved by the City Attorney, with Marin County for a Minimum of $1,150,000 in Measure A Land Preservation and Park Access Program Funds (“Measure A Funds”), Accepting and Appropriating Grant Funds;

2. Negotiate and Enter Into a Purchase and Sale Agreement and Ancillary Documents for the Property Located at 620 Canal Street, Provided the City’s Contribution to the Purchase Price Does Not Exceed $500,000, Plus Said Measure A Funds Received; And

3. To Take Actions Necessary or Incidental to Carrying out the Intent of this Resolution (CED)
Recommended Action – Adopt Resolution

PUBLIC HEARINGS

7. Public Hearings
a. Baypoint Lagoons Assessment District
Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for Fiscal Year 2025-26 (PW)
Recommended Action – Adopt Resolution
b. Point San Pedro Road Median Landscaping Assessment District Resolution Confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2025-26 (PW) Recommended Action – Adopt Resolution
c. Roadside Memorial Policy
Resolution Approving a Roadside Memorial Policy to Establish Procedures for Handling Memorials Placed within City of San Rafael Right-of-Way (PW) Recommended Action – Adopt Resolution
d. Affordable Housing Funding Recommendation
Resolution Authorizing the Appropriation of $503,000 from the Affordable Housing in-Lieu Fee Fund (Fund #243), Including $3,000 in Administrative Costs, for Funding for Three One 100 Percent Affordable Housing Projects In Fulfillment of the Affordable Housing Trust Fund 2025 Notice of Funding Availability, and Authorizing the City Manager to Execute Funding Agreements with Abode Housing Development in an Amount Not to Exceed 5 $200,000, Marin Foster Care Association in An Amount Not to Exceed $150,000 and EAH Housing in an Amount Not to Exceed $150,000 and All Documents Incidental to the Funding Agreements (PW)
Recommended Action – Adopt Resolution

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

ADJOURNMENT:

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

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1.a
Meeting Date: June 23, 2025

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

ONE UNEXPIRED FOUR-YEAR TERM THROUGH THE END OF
OCTOBER 2027 ON THE PLANNING COMMISSION DUE TO THE
RESIGNATION OF DANIELLE O’LEARY
RECOMMENDATION:

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

Name
Adam Spiegel
Arandu Alvarez
Pooja Rawat
Susie Berg
BACKGROUND:

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

The term of Danielle O’Leary was set to expire at the end of October 2027; however, she was unable to complete her term.

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

The City Clerk’s Office opened recruitment for all Boards, Commissions, and Committees (BCCs), including the Planning Commission. A total of eleven eligible applications were received for the Planning Commission vacancy. Two applicants later withdrew, leaving nine remaining candidates. Due to the number of applicants, the City Clerk’s Office referred the applications to the City Council Liaison for review. The Liaison selected four (4) finalists to advance to the interview stage. Staff recommends that the City Council interview these four candidates and appoint one to the Planning Commission to serve a term ending in October 2027.

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

COMMUNITY OUTREACH:

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

ATTACHMENT:

1. Four (4) Applications
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Adam Spiegel
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?
Since 2019
Q4
Business Information
Company Freebrook Imports
Address 3000 Dutton Ave
City/Town Santa Rosa
ZIP/Postal Code 95407
#117

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, April 28, 2025 9:51:01 PM
Last Modified: Monday, April 28, 2025 10:09:38 PM
Time Spent: 00:18:37
IP Address: 76.253.13.100

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Council Agenda
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission,
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Yes, I actively participate in civic life through community events, supporting local schools, and staying engaged with city initiatives that affect my neighborhood in Glenwood.

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

None
Q20
Education:

I earned a Bachelor’s degree in Political Science from Dickinson College in Carlisle, Pennsylvania.

Q21
Why are you interested in serving on a board or commission? Would love to discuss both and the time commitments associated with both Q22
Describe possible areas in which you may have a conflict of interest with the City:

None
Q23
Upload your resume.

Resume%20Adam%20Public%20Service.pdf (69KB)

Adam Spiegel
San Rafael, CA ·
Objective
Community-focused leader with a background in business, civic engagement, and public policy seeking to contribute meaningfully to the City of San Rafael through service and leadership.

Lifelong Bay Area resident passionate about responsible development, education, and public transparency.

Education
Dickinson College – Carlisle, PA
Bachelor of Arts in Political Science
Professional Experience
Founder & CEO
Freebrook Imports – Santa Rosa, CA
Feb 2025 – Present
● Lead a mission-driven spirits import and distribution company that supports independent brands and local economies.
● Focus on ethical growth, community partnerships, and small business empowerment. ● Coordinate logistics, marketing, and compliance for regional and national accounts.

Founder & Master Distiller
Corning & Company – Rohnert Park, CA
2014 – 2024
● Created and scaled a spirits co-packing and warehousing company, supporting dozens of small producers and new brand launches.
● Managed operations, licensing, compliance, and team leadership across multiple departments.
● Regularly worked with city and county agencies on business permitting, fire/code compliance, and economic development initiatives.

Craft Advisory Council Member
Distilled Spirits Council of the United States
Feb 2025 – Present
● Provide national policy and strategy guidance for supporting small producers in the regulated spirits industry.
● Advocate for equitable regulation and access for craft distilleries.

Civic Involvement & Community Engagement
● Active Glenwood neighborhood resident since 2019; support and volunteer in local school events and community meetings.
● Interested in long-term civic participation and running for City Council to give back to the city.
● Advocate for local economic development and thoughtful planning in San Rafael.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Arandu Alvarez
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?
8 years
Q4
Business Information
Company Canal Alliance
Address 91 Larkspur Street
City/Town San Rafael
ZIP/Postal Code 94901
#108

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, March 14, 2025 10:00:02 AM
Last Modified: Friday, March 14, 2025 10:33:57 AM
Time Spent: 00:33:55
IP Address: 73.70.0.241

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Social Media
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Planning Commission,
Police Advisory & Accountability Committee
Q18
Do you participate in any civic activities? If so, what are they? I am a Latino, and my family, friends, and neighbors live in the Canal, which is why we are consistently involved in civic activities that impact our community. For instance, we advocate for affordable housing, health, social services, immigration matters, education, multilingual and multicultural resources, and accessible services, as well as equity and access for our community, which is located in one of the underserved areas of Marin County. Additionally, I am actively engaged with Voces del Canal, other community groups, leaders, and collaborate with organizations whose missions are to support Latinos and residents of District 1.

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

I have been a staff member at Canal Alliance for 5 years, and I collaborate with Voces del Canal. I am a leader of the Community Health Workers in the Canal, a collaborator with the Multicultural Center of Marin, an ambassador for emergency alerts and prevention, and an ally for health initiatives. I also collaborate with Community Action Marin, Marin County HHS, Marin Community Clinic, Marin Transit, San Francisco Marin Food Bank, Marin County Social Services department, the City of San Rafael, the Police Department, the Fire Department, UCSF, Dominican University, NAMI Marin, CDSS, CFS, CPS, OCPSC, Marin County office of Equity, PB committee, and others.

Q20
Education:
-Master of Urban Planning, Territory, Society and Environment. -Bachelor of Architecture
-Minor Integral Pedagogical Urbanism
-Minor Government and Public Work
-Design and Community Habitat
-Technology and Administration

Boards, Commissions & Committees Application
3 / 3
Q21
Why are you interested in serving on a board or commission? I live in San Rafael because I am an immigrant, and my family, friends, and neighbors live here in the Canal. I speak Spanish, Portuguese, and English, and I want to be the voice that represents my community.

I am deeply committed to advocating for social justice and fostering equity for all. I believe that every individual deserves the opportunity to live in a better, fairer, and more just environment—especially those from marginalized communities who are too often overlooked. By championing equitable policies and promoting inclusive awareness, I am dedicated to dismantling systems of inequality and creating supportive, inclusive social environments where everyone has the opportunity to thrive.

My mission is to inspire systemic change that prioritizes both individual well-being and collective societal equity, paving the way for a brighter, more just, and equitable future for all.

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

NA
Q23
Upload your resume.

Arandu%20Resume.pdf (214.5KB)

ARANDU

ALVAREZ

C O M M U N I T Y D E V E L O P M E N T

P L A N N E R & P R O J E C T M A N A G E R
San Rafael, CA
linkedin.com/in/arandualvarez

S K I L L S

P R O F I L E
I am deeply committed to advocating for social justice and fostering equity for all. I believe that every individual deserves the opportunity to live in a better, fairer, and more just environment—especially those from marginalized
communities who are too often overlooked. By
championing equitable policies and promoting inclusive
awareness, I am dedicated to dismantling systems of
inequality and creating supportive, inclusive social
environments where everyone has the opportunity to thrive.

My mission is to inspire systemic change that prioritizes both individual well-being and collective societal equity, paving the way for a brighter, more just, and equitable future for all.

E D U C A T I O N

MASTER OF URBAN PLANNING,

TERRITORY, SOCIETY AND ENVIRONMENT
University of Malaga. Europe
Sustainable Architecture
Project Management
Superior Institute Technology
Puerto Vallarta, Mexico

L A N G U A G E S
Leadership
Project Management
Community Organizing
Problem Solving
Advocacy
Community Engagement
Public Relations
Budgeting
Teamwork
Emotional Intelligence
Cultural Competence
Effective Communication
Critical Thinking
Risk Management
MINORS
Integral Pedagogical Urbanism
Government and Public Work
Design and Community Habitat
University Pontificia Bolivariana
Medellin, Colombia
Specialty in Technology and
Administration.

EMsad 02 ERS CC

BACHELOR OF ARCHITECTURE
English
Spanish
Portuguese

C E R T I F I C A T I O N S
✓ SALESFORCE. Non-Profit Data Technology Strategist-Make Tech Work For You. ✓ Program Development & Evaluation. CVNL. Center of Volunteer & Nonprofit Leadership. ✓ Management Essentials. CVNL. Center of Volunteer & Nonprofit Leadership. ✓ Marin LEO. Impact Launch. Strategy for Equitable & Sustainable Change. ✓ Community Engagement. El Sol Neighborhood Educational Center. ✓ HIPAA. Health Insurance Portability and Accountability Act ✓ California Child Abuse & Neglect RT. California Department of Social Services. ✓ NAMI Facilitator. Family Support Group. Facilitator Training. ✓ Conflict Resolution with Power and Privilege in Mind. Compass Point Non-Profit Services. ✓ De-escalation & Crisis Intervention. Sonja Lenz-Rashid Trauma and Mental Health Expert. ✓ International Innovation. International Science, Culture, Art, Technology, and Sport. ✓ New Society & Urbanism. Puerto Vallarta Boards Architects Academy. ✓ CITI. Human Subjects Research. Good Clinical Practice. Clinical Trial Billing Compliance. ✓ FDA. International research. University of California, San Francisco. ✓ Mental Health First AID. National Council for Mental Wellbeing. ✓ Medical and CalFresh. Marin County HHS.
✓ Intake Interview & Quality Review. VITA/TCE Certification. IRS ✓ Construction Skills. College of Marin.
✓ Phishing Course & Cybersecurity. PCS Technology
✓ Case Investigator. CDPH, UCSF, UCLA Fielding School of Public Health. ✓ COVID-19 Contact Tracing. Johns Hopkins University.
✓ PR & Stop the Bleed. American Red Cross
✓ PAXLOVID Treatment. CDPH California Department of Public Health. ✓ Homeownership. Fair Housing Advocates of Northern California HUD Approved Housing Consulting Agency.

T E C H N I C A L S K I L L S
• Operating Systems: Windows and OSX
• Microsoft Office; Outlook, Excel, Word, Power Point, OneNote, SharePoint, Planner, OneDrive, Teams, To Do, and Microsoft Forms.
• Google Apps: Drive, Docs, Slides, Sheets, Mail, Meet, Search, Maps, Play, Finance, and Forms.
• Others Software: SALESFORCE, Primary Bio, RAE, SUTRA, Vonage, Vanguard, BOX, Dropbox, AutoCAD, REVIT, SketchUp 3D, LUMION, V-Ray, Adobe Creative, ATLAS.it, CANVA and CODA, Zoom, Sky, ChatGPT, Otter, Quillbot, Fotor, and Grammarly, Linked, indeed, and Glassdoor, recruit.net, jobs, ZipRecruiter, Snagajob, Monster, Flex Jobs, and CareerBuilder.
• Social Media: Instagram, Facebook, X (Twitter), WhatsApp, YouTube, TikTok, Telegram, and Snapchat.

W O R K E X P E R I E N C E
Canal Alliance [2021-Current]
• Senior Manager of Social Services
• As a leader within Canal Alliance, I provide comprehensive oversight and support to the Social Services Department, including the Community Programs Team and Case Management Team. This entails managing a team consisting of 2 Supervisors,10 Canal Alliance staff, 15 Community Health Workers, and 24 volunteers, ensuring that programs are executed according to plan and contractual obligations are met. • Currently my role involves developing strategic plans for program expansion or contraction as required, while also overseeing a range of programs such as San Rafael Community Response Team (SRCRT), Office of Community Partnerships and Strategic Communications (OCPSC), Opportunities For Youth (OFY), Children and Family Services (CFS), Community Prevention Services (CPS), National Alliance on Mental Illness (NAMI), Canal Alliance Food Pantry, Community Health Workers (CHWs), Children's Holistic Immigration Representation Project (CHIRP), San Rafael City Schools (SRCS), and Participatory Budget (PB).
• I am responsible for supervising service delivery and maintaining the overall integrity of our services program, including the development and maintenance of program policies, procedures, assessments, and intervention tools.
• I actively pursue funding opportunities to sustain programs, collaborating closely with agency leadership and community, county, and state partners to promote and navigate sustainability efforts.
• Developing and monitoring budgets for Social Services to ensure that resources are allocated appropriately and utilized effectively to achieve program goals. • Managing contracts with external partners and vendors, ensuring that agreements are in place, and overseeing the fulfillment of contractual obligations. • Generating reports on program activities, monitoring data, outcomes, and expenditures, providing regular updates to stakeholders and funders ensuring accurate and timely reporting of programs.
• Identifying potential risks and challenges that may impact program delivery and implementing strategies to mitigate these risks.
• Collaborating with team members to develop strategies for program improvement and innovation, seeking feedback from stakeholders to inform program development. • Implement civic engagement and community organizing strategies and campaigns. • Collaborating with the development department on grant applications and program proposals, as well as with the marketing and communications department to effectively promote our programs through various channels including social media, Canal Alliance branding, and policies.
• Providing leadership and support to program staff, fostering a positive work environment, and promoting professional growth and development, ensuring our team remains equipped with the necessary skills and knowledge to deliver quality services to the community.
• Organizing in-person and virtual events, workshops, and community training. • Identifying partnerships and building coalitions with community groups, partner organizations, and local government.
• Work collaboratively with community agencies and stakeholders and represent Canal Alliance.
• Ensuring compliance with relevant regulations and guidelines governing program activities, including legal and ethical standards.
• Create and analyze data tracking systems to effectively report on and maximize outcomes for organizing and campaigns.
• Communicating with key stakeholders, including funders, partners, and community members, to build strong relationships and promote the program's mission and objectives.

Community Health Workers (CHWs)
As a Leader of a Community Health Workers structure in San Rafael, I oversee and strategize programs, themes, advocacy and messages for community outreach initiatives. The program responsibilities include:
• Implementing door-to-door outreach in areas such as the Canal, Woodland, Lincoln, San Rafael downtown and vulnerable neighborhoods in Marin County. • Conducting tabling and community canvassing in high-traffic areas/events, including streets bustling with pedestrians, bus terminals (Marin Transit), Canal Alliance, Multicultural, and Marin Community Clinic food pantries, Pickleweed Park, schools, churches, and local businesses.
• Engaging in phone banking to provide information and answer questions in culturally appropriate languages such as Spanish and indigenous languages. • Providing training for community leaders to serve as reliable messengers and effectively disseminate information within their communities.
• Involving Community Health Workers in testing and vaccination efforts, including outreach, engagement, and execution of tests for COVID-19, STIs, diabetes, hepatitis, flu, seasonal vaccines, etc.
• Offering resources and information to connect and keep the community informed about available prevention resources in Marin County.
• Collaborate with "Voces del Canal" to advocate for community needs, collect data, and drive systemic change.

Marin County, Participatory Budgeting (PB)
• Served as a member of the PB Committee within the Marin County Office of Equity, contributing to decision-making processes and ensuring community voices were heard. • Attended PB meetings at the county level, actively engaging in discussions and providing input on budget allocation decisions.
• Explored and contributed ideas to enhance the PB online tool, aiming to streamline the process and increase accessibility for community members. • Engaged in community outreach and participation efforts to encourage broad involvement in the PB process.
• Reviewed and voted on proposals submitted by community members, considering their potential impact and alignment with equity and community needs. • Discussed and shared project results with stakeholders, fostering transparency and accountability in the PB process.
• Collaborated with Canal Alliance as a community member to participate in the Latino Community Health House project, which was selected as one of the winning projects.

This initiative aims to provide culturally responsive healthcare and social services information to residents, leveraging the leadership and expertise of community health workers.
• Oversee the PB winner project, managing contracts, budgets, planning, implementation, and reporting to ensure successful outcomes and accountability to the community and Marin County Office of Equity.

San Rafael City Schools (SRCS)
I am overseeing San Rafael City Schools (SRCS) collaboration, my role involves providing support to unaccompanied immigrant youth and newcomer students in high school through comprehensive case management services. The responsibilities are:
• Participating in meetings with SRCS to provide updates on available services and resources for youth and families.
• Identifying students who may benefit from support, completing necessary release of information forms, engaging both the family and the youth, and conducting thorough intake assessments.
• Offering ongoing case management services, including connecting students with immigration legal services, providing tutoring/mentorship opportunities, and facilitating access to youth-oriented group activities throughout the school year. • Collaborating closely with school personnel to address students' individual needs and challenges while fostering the development of their strengths through personalized services.
• Maintaining detailed case records and notes for each interaction with students and families.
• Providing an annual progress report outlining the work completed with students. • Ensuring prompt responsiveness to any correspondence from SRCS, aiming to reply within three business days or fewer.

San Rafael Community Response Team (SR CRT)
As a lead in the San Rafael Community Response Team (SR CRT) I oversee the program at Canal Alliance, ensuring the health and safety of low-income Latino immigrants and their families. Our responsibilities are:
• Playing a critical role in responding to various emergencies, including emergency preparedness, clime change, overdose prevention and access to health services, while serving as the Zone Lead for the City of San Rafael and collaborating with other agencies countywide.
• Actively participating in emergency preparedness through monthly meetings, drills, and the development of an emergency response plan.
• Partnering with PG&E for emergency communications to the Spanish-speaking community and assisting partners in assessing and improving their preparedness. • Coordinating public health initiatives countywide, tailored to priority communities, and fostering interconnectivity between marginalized communities, particularly within the Canal neighborhood.
• Preparing the community for public health emergencies and disasters while enhancing response capabilities and building community resilience. • Coordinating and supporting the activities of the SR CRT coalition, convening meetings, coordinating agendas and updates, and ensuring accessibility for non-English speakers through remote meetings and translation services.
• Maintaining updated partner lists and ensuring fulfillment of activities outlined in partner MOUs.
• Monitoring the implementation of communication plans, continuity of operations, and performance of zone goals, while documenting planning and operational activities in a centralized database.
• Coordinating and supporting organizational and resident public health, behavioral health, and disaster preparedness activities, including training sessions and radio communications training.
• Training Community Health Workers for overdose prevention, including the use of Narcan and Fentanyl testing strips, and collaborating with organizations like Urban Strategies to provide in-person training to the community.
• Developing multilingual and multicultural materials for outreach, leveraging the capacity of Zone Partners to engage in interactive outreach strategies. • Implementing health outreach campaigns to Spanish-speaking residents through various channels, including text messages, email, flyers, phone banking, social media, radio, and direct mail.
• Utilizing a data-to-action framework to gather and share critical information with partners and the population served, facilitating effective communication and rapid response efforts.
• Generating reports on program activities, outcomes, and expenditures, providing regular updates to stakeholders and funders.

Marin Wildfire Prevention Authority (MDPW) and San Rafael Fire Department (SRFD) As the leader of the Community Ambassador Pilot Program, our collaboration with the Marin Wildfire Prevention Authority (MDPW) and the San Rafael Fire Department (SRFD) aims to enhance community resilience and safety. My role involves supervising and developing strategies in coordination with SRFD and the Multicultural Center of Marin to achieve our collaboration goals. Responsibilities include:
• Identifying and recruiting peer-to-peer ambassadors, prioritizing individuals from lowerincome and/or non-English speaking communities who reside or work within Marin. • Maintaining records of program participants, including hours worked and personal information required for stipend disbursement.
• Providing stipends to community ambassadors as compensation for their efforts. • Organizing training sessions and meetings on wildfire and disaster preparedness, ensuring suitable locations for these events.
• Conducting social media outreach and promoting program information to raise awareness within the community.
• Compiling a list of events where ambassadors can engage in outreach efforts effectively.
• Collaborating with SRFD and the Multicultural Center of Marin to develop necessary supplies such as shirt designs, lanyards, ID card designs, flyers, posters, etc.

Marin County, CFS
As the supervisor of Child Abuse and Neglect Services and the Family Preservation Program within the CFS (Child and Family Services) program, our responsibilities are:
• Providing case management for families with children at risk of abuse or neglect, utilizing community-based supportive services to address their needs effectively. • Delivering pre-placement preventive services to Unaccompanied Minors released from the Office of Refugee Resettlement (ORR) and their families. • Ensuring that all services provided are culturally sensitive and linguistically appropriate to effectively meet the unique needs of the populations served.

Marin County, CPS
As the supervisor of the Community Prevention Services (CPS) program, I oversee initiatives focused on domestic violence prevention, access to education, economic self-sufficiency, overdose prevention, homelessness prevention, and non-legal immigration support. • Providing education on the patterns of domestic violence and offering case management support to families at risk, including assistance in obtaining immediate resources during emergencies.
• Assisting survivors of domestic violence in managing trauma, fostering resilience, and empowering them for constructive transformations.
• Actively engaging in the Marin County Family Violence Partnership and the Community Coordinated Response Coalition.
• Assisting families, particularly newcomers and those facing language barriers, in navigating the enrollment procedures for school-aged children, ensuring they are prepared to begin their education.
• Facilitating completion of essential paperwork for children to join educational and aftercare programs, and efficiently referring families to other service providers when needed.
• Offering guidance to Spanish-speaking immigrants with low income to enhance their economic self-sufficiency, including resume and cover letter creation, job searches, food safety certification, referrals for wage recovery, and applications for public benefits. • Collaborating with Marin County Public Health to provide Narcan training and distribution.
• Assisting individuals and families facing housing insecurity to prevent homelessness and achieve housing stability through various means, including emergency financial aid, rental assistance, and referrals for affordable housing. • Helping individuals in non-legal immigration situations, including aiding unaccompanied minors with special immigrant status applications, linking individuals with legal services, and facilitating referrals for behavioral health services.

Marin County, Eligibility Workers
Collaborating and coordinating with Marin County HSS to host Eligibility Workers at our site. Our responsibilities include:
• Providing a safe and accessible space for the community that meets the requirements and needs of Eligibility Workers to deliver Medical and CalFresh services. • Attending Marin County meetings to provide updates on the services available at our site and the model we are implementing with Eligibility Workers present during key times for the community.
• Collecting data on the services offered and referrals made, ensuring accurate documentation of community needs and utilization of services. • Scheduling appointments and welcoming community members to access services, facilitating a smooth and efficient process for individuals seeking assistance. • Developing multicultural and multilingual materials on Medical and CalFresh to ensure information accessibility and inclusivity.
• Conducting outreach to inform the community about Medical and CalFresh benefits, as well as referring them to our site for in-person assistance and support.

Legal AID of Marin
Collaborating and coordinating with Legal Aid of Marin to host attorneys at our site. Our responsibilities include:
• Providing a safe and accessible space for the community that meets the requirements and needs of attorneys to provide services and support community clients with housing issues, evictions, deposit recovery, and various other legal cases. • Collecting data on the services offered and referrals made, ensuring accurate documentation of community needs and utilization of services to inform program improvement and expansion.
• Conducting outreach to inform the community about Legal Aid of Marin's services available at our site, as well as referring individuals to their site for in-person assistance and support, ensuring access to comprehensive legal resources.

Governor’s Office of Planning and Research and Office of Community Partnerships and Strategic Communications (OCPSC)
As the overseer of the implementation of the OCPSC Program, I ensure that contracts and budgets are managed efficiently and effectively. Responsibilities include:
• Attending state-level meetings to represent Marin County, with a focus on vulnerable communities in San Rafael.
• Developing plans and strategies to effectively deliver messages related to the State’s highest priorities, including community engagement and public awareness efforts such as COVID-19 vaccines, mental health, climate justice (water conservation, extreme heat), and ITIN.
• Supporting planning, coordination, and collaboration within the state government to align efforts and maximize impact.
• Utilizing successful community engagement and public awareness models developed through initiatives like the Census 2020 and COVID-19 vaccine campaigns. • Collaborating with a broad range of public, private, and community partners to assess climate risks and develop inclusive strategies for adaptation and resilience, promoting equity in California communities.
• Utilizing local outreach and communications infrastructure to ensure statewide messages are culturally appropriate, up-to-date, and accurate, meeting the diverse needs of communities.
• Monitoring misinformation and addressing attempts to undermine trust in government services and programs.
• Sharing community insights obtained from surveys and formative research with the state to inform decision-making.
• Collaborating with partners as thought partners to identify opportunities for improvement, share learnings, fill gaps, and expand efforts.
• Developing innovative strategies to reach key audiences with critical and accurate information through partnerships with trusted ethnic media, social media, and other channels.

California, Department of Social Services Office of Immigration Youth, Opportunities for Youth (OFY)
• As the Senior Manager of OFY for a service provider in Marin County, I oversee a statefunded initiative dedicated to providing culturally and linguistically responsive, trauma- informed, and wellness-centered post-release supportive services to Unaccompanied Undocumented Minors and families across three regions in California. • Manage the OFY contract, budget, and supervise the Youth team, ensuring smooth operations and alignment with program goals and objectives. • Attend meetings with CDSS to provide updates and seek technical assistance, fostering collaboration and ensuring alignment with state-level initiatives. • Track program data and generate comprehensive reports to evaluate program effectiveness and guide decision-making processes.
• Provide comprehensive case management, navigation, mentorship, and wellness support to youth and their caregivers, prioritizing their holistic well-being and successful integration into the community.
• Foster the development of healthy and supportive relationships between youth and adults, creating an environment conducive to growth and healing. • Empower youth by enhancing their core life skills and supporting caregivers in developing effective parenting strategies, enabling them to navigate challenges and foster positive youth development.
• Facilitate connections between youth and families with community resources and support services, addressing various stressors and promoting stability and resilience.

Children's Holistic Immigration Representation Project (CHIRP) • As the supervisor of the Children's Holistic Immigration Representation Project (CHIRP) program, I oversee an initiative dedicated to enhancing the well-being of recently arrived children in California. Our program serves as a potential model for other states seeking responsible approaches to welcoming and supporting unaccompanied immigrant children in their communities.
• Within CHIRP, we provide comprehensive legal advocacy for unaccompanied children, prioritizing trauma-informed intervention to ensure they receive both legal services and appropriate care. Beyond legal advocacy, we advocate for our clients in various areas and connect them with support systems to enhance their overall well-being and foster healthy youth development.
• Central to our approach is the assessment, understanding, and addressing of each client's intersecting needs, prioritizing their emotional and physical safety and stability.

We ensure that no child faces immigration proceedings alone, assembling interdisciplinary teams of dedicated advocates to identify and respond to external challenges that may impact their legal case, ensuring that critical issues are addressed comprehensively.

National Alliance on Mental Illness (NAMI)
• As the overseer of NAMI Marin Family Support Groups in the Canal District, I established the first of these groups in Spanish with childcare services in Marin County. Our responsibilities included:
• Training community members to become certified facilitators and providing them with educational materials to effectively lead support groups. • Conducting community outreach to engage with individuals and families in need of mental health support, ensuring inclusivity and accessibility. • Developing multilingual and multicultural materials such as flyers, videos, and social media posts to reach diverse communities and raise awareness about mental health resources.
• Organizing Family Support Groups that provide a welcoming environment for participants, including childcare, snacks, and coordinated facilitation to ensure meaningful discussions and support.
• Collecting data from the community to track services offered and evaluate the effectiveness of support group interventions.
• Reporting progress and outcomes to NAMI, ensuring transparency and accountability in our efforts to support mental health wellness in the community.

Marin County, STI Program
Oversaw the STI program, managing the contract, budget, and collaborating with Marin County HHS to plan and implement an STI Pilot Program aimed at promoting and testing for HIV, Syphilis, Hepatitis C, HPV, and Diabetes.
• Provided comprehensive training for staff and CHWs to effectively implement the STI Pilot Program, testing protocols and community engagement strategies. • Actively participated in meetings with the Marin County HHS team to provide updates on program progress and coordinate efforts for program success. • Conducted outreach activities through door-to-door interactions and community canvassing to raise awareness about STI testing and prevention measures. • Established and supervised an STI testing site, ensuring compliance with CDS, HIPAA, and Marin County HHS protocols for sample collection and confidentiality. • Facilitated referrals to the Marin Community Clinic (MCC) for individuals requiring further medical evaluation or treatment.
• Registered community members for testing on the primary platform and collected relevant data to track program outcomes and effectiveness. • Followed up on STI cases to ensure individuals received appropriate treatment, support, and information to manage their health effectively.
• Regularly reported progress and findings during the project, providing insights into program impact and areas for improvement to stakeholders and funders.

Marin County, NARCAN Program
Oversee the NARCAN program in collaboration with Marin County HSS, OD Free Marin, and Zone Partners to enhance access to Narcan.
• Conducting training sessions on Narcan administration and education within our designated zone, empowering community residents with the skills to administer Narcan effectively.
• Promoting Narcan training at outreach events to partners, Community-Based Organizations, and individual community members to broaden awareness and accessibility.
• Tracking training sessions, fentanyl test strips, NARCAN kits distributed, ensuring accountability and effective program tracking.
• Engaging in overdose prevention efforts to mitigate the risks of opioid overdose in our communities, aligning with OD Free Marin's initiatives and priorities. • Providing referrals to OD Free Marin, MCC, and other relevant Marin County services to ensure individuals receive comprehensive support.
• Collaborating with organizations such as Urban Strategies to deliver in-person overdose prevention training to the community, enhancing awareness and preparedness. • Developing multilingual and multicultural overdose prevention materials to ensure accessibility and inclusivity.
• Conducting door-to-door interactions, social media outreach, tabling at community events, and providing information at Canal Alliance, Marin Multicultural Center, and Marin Community Clinic food pantries to effectively disseminate overdose prevention information and resources.

IDEO
I collaborated with IDEO on the planning and implementation of the "Honest Conversations" campaign focused on COVID-19 vaccines.
• Gathering stories from the community, who then extended invitations to their families, neighbors, friends, and neighborhoods, serving as trusted messengers familiar to their own people.
• Working closely with IDEO, we conducted research and collaborated with community co-designers (Canal residents) to ensure that the message was delivered to the community in a multicultural and multilingual manner. Together, we dispelled misinformation in Marin County during the pandemic, making COVID-19 vaccines reliable and accessible to all.
• As a leader, I spearheaded the creation and supervision of a community fair with a gallery-style exhibition on the street to showcase the results of IDEO's campaign and connect with the community. We invited Marin County Community-Based Organizations to offer resources and services to the community affected by the pandemic. • I played a pivotal role in creating a model and successful materials that IDEO, in collaboration with the University of Minnesota, made available for other organizations and communities across the United States.
• I also had the honor of serving as a panelist of "Honest Conversations" presentations project at the NRC-RIM National Resource Center for Refugees, Immigrants, and Migrants.

Aliados por la Salud; UCSF, United Way, and Cultiva la Salud, Merced, CA. Canal Alliance, Marin County, CA, Calle 24, Mission District, San Francisco, CA.

As a Health Supervisor in the Latino COVID-19 Collaborative (LCC) project with UCSF and RadxUP, our focus was providing information and resources to Latino communities in San Rafael, Marin County, La Mission San Francisco, and Planada in Merced. My responsibilities included:
• Advocating for resources at the State, Federal, and external organization levels that support health programs focused on COVID-19 during the pandemic. • Planning monthly meetings with community leaders to provide resources, invite panelists, and deliver updated information to the community.
• Coordinating with health promoters in Marin, Merced, and San Francisco to establish a network of accessibility and trusted messengers of information within the community. • Collecting community data to respond to and investigate COVID-19 and its different stages.
• Creating a Monkeypox Community Campaign to respond during emergency times, ensuring that the community is informed and prepared in the event of an outbreak.

National Association of County and City Health Officials (NACCHO) • I oversaw the NACCHO program on COVID-19 Prevention and Mitigation Strategies among Refugee, Immigrant, and Migrant (RIM) Communities. • Developed and implemented comprehensive work plans and evaluation strategies to ensure effective program implementation.
• Actively participated in virtual kick-off meetings, collaborating closely with NACCHO and UMN-RIM to collect, analyze, interpret, and synthesize evaluation findings. • Shared ongoing lessons learned and research findings through detailed reports, engaging webinars, and providing limited peer-to-peer technical assistance to jurisdictions seeking to enhance their strategies.
• Regularly participated in project conference calls and other dissemination meetings to ensure alignment and effective communication across all project stakeholders.

University of California San Francisco (UCSF) and University of California Merced (UC Merced) • Spearheaded operations at a COVID-19 testing site in Latino neighborhoods, facilitating essential pandemic response efforts, and delivering crucial services. Conducted comprehensive qualitative and quantitative scientific research to enhance understanding and response strategies.
• Led the implementation of community surveys and conducted focus groups during the COVID-19 pandemic, gathering valuable insights to inform targeted interventions and public health initiatives.
• Played a pivotal role in the thorough analysis of extensive research data collected over several years of studying the pandemic's impact, contributing to evidence-based decision-making and policy formulation.
• Contributed authorship to scientific publications authored by UCSF and UC Merced, ensuring accurate representation of research findings and insights.

Vaccinate ALL 58 – CDPH
• Collaborated with CDPH to implement the Vaccinate ALL 58 Campaign in Marin County, ensuring equitable access to COVID-19 vaccines across all 58 counties in California. • Participated in state-level meetings to plan and discuss communication strategies and vaccine implementation for COVID-19.
• Supervised a team in the Canal neighborhood to disseminate accurate information about vaccines within the Latino community, addressing vaccine hesitancy and misinformation.
• Trained a dedicated team assigned to deliver reliable messages to the community, empowering them to become trusted messengers.
• Registered and referred community members to obtain COVID-19 vaccines, ensuring widespread access to vaccination services.
• Built a network of community members to educate their families, friends, and neighbors, serving as reliable messengers to increase vaccine acceptance and uptake. • Coordinated and hosted vaccination clinics at our site, providing convenient access to COVID-19 vaccines for the community, thereby contributing to overall vaccination efforts and public health outcomes.

Marin County, COVID-19 Case Investigator Coordinator. [2019-2020] • Supervised a team of 5 bilingual COVID-19 case tracers during the pandemic, ensuring effective coordination and execution of case investigation activities. • Conducted thorough investigations of reported COVID-19 cases by conducting interviews with infected individuals over the phone, determining the likely source of illness, identifying close contacts, and assessing the potential for outbreak. • Implemented isolation and quarantine recommendations according to established protocols, providing education on preventive measures to contacts and the community, monitoring symptom progression, and offering case management and referrals to appropriate community resources.
• Contacted individuals identified as close contacts of newly diagnosed patients, documenting symptom information into a web-based client resource management platform and providing them with approved information and instructions about quarantine procedures.
• Maintained awareness of community health needs and behaviors, advocating for individuals and populations both within the health department and the broader community.
• Disseminated information about current health department services, concerns, and goals through various channels including group presentations, personal contacts, written materials, and media engagement. Contributed to the selection and development of educational materials for client education.
• Provided health information to the public and made referrals to appropriate agencies, offering consultation and direct services to defined at-risk populations. • Maintained accurate and up-to-date case records and reports documenting service delivery and caseload management.
• Assisting COVID-19 immunization clinics in various community settings, assessing, and evaluating client care needs during clinics as assigned.

Storek Studio [2017-2020]
As an architect at Storek Studio, I collaborated with the CEO to develop projects that included:
• Design & Planning in both 2D and 3D formats.
• Developing project proposals to present to clients and stakeholders. • Preparing drawings, blueprints, specifications, and construction documents to communicate design intent and technical details to contractors and builders.

P20 Architects [2015-2017]
As an architect with a master's degree in urban planning, I held the role of Urban Project Manager, leading the company's urban projects. My responsibilities included:
• Conducting field social research for urban projects, analyzing relevant sociocultural and community aspects.
• Conducting field natural research for urban projects, evaluating environmental and geographical factors affecting urban development.
• Participating in meetings with project directors and private clients to understand their needs and expectations.
• Designing and planning private urban projects, developing proposals that integrate functionality, aesthetics, and sustainability.
• Preparing necessary documents for urban construction permit management, ensuring compliance with local regulations and standards.
• Coordinating technical teams for the implementation of urban infrastructure projects, ensuring efficient and effective project execution.

Secretariat of Tourism Government [2013-2015]
Architect project management focused on the design and planning of urban infrastructure for IMSS pensioners and retirees. My role involved oversaw the entire process of the project.

Responsibilities included:
• Conducting thorough assessments to understand the specific needs and requirements of IMSS pensioners and retirees in terms of urban infrastructure, such as accessibility, healthcare facilities, recreational spaces, and transportation options. • Collaborating with architects, engineers, and urban planners to develop design concepts and plans that prioritize the comfort, accessibility, and well-being of IMSS pensioners and retirees. This may involve creating age-friendly designs, incorporating universal design principles, and ensuring accessibility standards compliance. • Managing the planning and permitting process, which includes obtaining necessary approvals from regulatory authorities and ensuring compliance with local building codes, zoning regulations, and safety standards.
• Engaging with IMSS pensioners, retirees, and other relevant stakeholders throughout the project lifecycle to gather feedback, address concerns, and ensure that the infrastructure projects meet the needs and expectations of the target demographic. • Managing project budgets and schedules effectively to ensure that urban infrastructure projects are completed within the allocated resources and timelines.

Urban Group of Mexico [2012-2014]
As a Social Project Manager at Urban Group of Mexico (URGM), I was responsible for Studies & Projects Development. My main duties included:
• Conducting research to inform planning decisions on various community-related topics, including demographic trends, transportation options, land use patterns, and environmental concerns.

City Hall of Medellin Government [2012-2013]
As an architect manager of social projects in development my responsibilities were:
• Created and implemented plans that guide the growth and improvement of cities, towns, and urban areas.
• Designed plans to address a variety of issues, including zoning regulations, transportation infrastructure, land use policies, and environmental sustainability. • Ensured urban development projects were socially inclusive, environmentally sustainable, and responsive to the needs and concerns of local communities. • Collaborated with various stakeholders, including government agencies, community organizations, and residents, to develop comprehensive and effective strategies for urban growth and development.

ITSPV Investigation Department [2009-2012]
As an Architect Researcher in the ITSPV Investigation Department, my role involved spearheading design, research, and innovation initiatives. • Developing innovative architectural designs that align with project goals and objectives.

This may involve conceptualizing architectural concepts, creating design proposals, and producing detailed architectural drawings.
• Conducting comprehensive research on various architectural topics, including materials, construction techniques, sustainability practices, and emerging trends in the field.

Gathering information from diverse sources to inform design decisions and project strategies.
• Identifying opportunities for innovation within architectural practice and exploring new approaches to design, construction, and project delivery. Experimenting with novel ideas and technologies to enhance architectural outcomes and address contemporary challenges.
• Collecting relevant data related to architectural projects, such as site conditions, building requirements, and user preferences. Analyzing data to identify patterns, trends, and insights that can inform design solutions and project strategies. • Interpreting research specifications and translating them into actionable plans and design strategies. Collaborating with interdisciplinary teams to ensure that research findings are integrated effectively into architectural projects. • Developing action plans based on research findings and design objectives. Setting clear goals, timelines, and milestones to guide project implementation and ensure successful outcomes.

P U B L I C A T I O N S
Book. Sustainable habitat. Interdisciplinary Discourses and Perspectives for Development.

ITESPV-CEA-5.

Thesis. Sustainable Integral Project ITSPV.

Qualitative Research. Community-academic partnership pandemic: Engaged response & expanded research participation. UCSF, UC Merced.

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Pooja Rawat
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?

2.5yrs
Q4
Business Information
Company Parker Hannifin
Address 5500 Business Park Drive
City/Town Rohnert Park
ZIP/Postal Code 94928
#4

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, July 20, 2023 12:06:40 PM
Last Modified: Thursday, July 20, 2023 12:29:41 PM
Time Spent: 00:23:01
IP Address: 136.226.67.80

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

Looked up opportunities to support the city on the website Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Board of Library Trustees,
Design Review Board,
Planning Commission,
Public Art Review Board
Q10
Do you participate in any civic activities? If so, what are they? I have a history of supporting varied activities in Upstate New York community before moving to San Rafael. I oversaw a grant budget of $300,000 for non-profit organizations in upstate New York from 2018 to 2021. This provided support to organizations across 3 counties in Update New York. I partnered with multiple community colleges and high schools to build career pipeline for students and bring new technology into schools, partnered with Court Appointed Special Advocates to provide them with IT resources. I also assisted Salvation Army in writing a grant for $150,000 to build a new Domestic Violence Shelter, etc. I would be happy to share more information on my experience.

Q11
List any civic organizations of which you are a member:

Currently not a member in San Rafael
Q12
Education:

Masters in Human Resource Management - Ohio State University Bachelors in Engineer - SRM University/University of Wisconsin Q13
Why are you interested in serving on a board or commission? Before moving to San Rafael, I was living in the PA/Upstate NY area for 3 years and was greatly involved in making an impact in that community. Upstate NY was heavily suffering from the opioid crisis and I was working to provide much needed education, support and safety to it's youth and women. I bring a varied skillset to the table given my professional background and I like to utilize it to impact the community I live in. I moved to San Rafael in February of 2021 and saw the impact COVID had left in the community, primarily the loss of businesses in the area. The economic impact of COVID is fairly visible in San Rafael's downtown and I would love to utilize my skillset in revitalizing this community and the economic gap.

Boards, Commissions & Committees Application
3 / 3
Q14
Describe possible areas in which you may have a conflict of interest with the City:

None
Q15
Upload your resume.

Rawat%2C%20Pooja.pdf (162.2KB)

Pooja Rawat
| Bay Area, CA

PROFESSIONAL SUMMARY
HR professional with 5+ years of experience working across diverse business units to identify opportunities, build strategy roadmaps and manage HR projects from concept to implementation.

TECHNICAL SKILLS
Workday, Oracle, SAP, UKG/Ultipro, Kronos, Open Hire, Confluence, Smart Recruiter, Reloweb, GSuite, MS Office Suite, Salesforce, Jira

WORK EXPERIENCE
Parker Hannifin - Human Resources Manager 2021 - Present ● Managing California office for Electronic Motions & Controls division, providing broad perspective and strategic direction on organizational strategy supporting growth of 5% in FY22 for one of the major engineering divisions ● Leading various complex HR projects such as payroll system, compensation, onboarding platform, talent management, etc. as business partner for Engineering, Product, Supply Chain, Operations, and Sales & Marketing teams. ● Providing HR expertise to site and divisional leadership in the areas of performance management, employee relations, learning & development, workforce planning and hiring strategies. Leading core HR processes of performance calibration, merit cycle and succession planning annually
● Designed FY22 annual improvement roadmap and strategy for lean High-Performance teams to support strategic business growth and increased effectiveness of product cost, delivery, quality, employee safety and engagement for the site. ● Led a cross-functional team to develop engagement strategies and enhanced organizational effectiveness, employee empowerment, and satisfaction by 7%
● Reviewing current organization design and driving a restructure to align with future business growth into Electrification ● Strategically managing labor cost to balance short-term drop in product demand and meet $2.4million sales goal ● Building DE&I team and 3-year strategy roadmap to expand representation of underrepresented groups and drive an inclusive culture across multiple levels in the organization.

Cummins, Inc. - Human Resources Business Partner 2018 – 2021 ● Led various complex product launches as the HR expert and liaison for multiple teams including Engineer, Product, Supply Chain and Operations teams. Provided strategic and consultative solutions on organizational development, succession planning, people management and employee relations to a customer base of 800+ employees across 3 product lines for Engine Business Unit ● Developed compensation programs that included position evaluation, salary structures, merit matrices, salary range development and market pricing studies, for different employee groups including but not limited to engineers, managers and hourly employees to attract and retain talent
● Built programs for Mergers & Acquisition and Diversity & Inclusion to support, transition and empower senior leadership through task forces, strategy tool kits and programmatic best practices ● Led over 85 sensitive investigation cases, ranging from sexual harassment to threat and violence, and take appropriate action in compliance with company code of conduct, state, and federal law ● Led a cross-functional team with Operations and HR to drive continuous improvement for performance appraisal system and increased robustness of feedback to employees, ensured accurate budget planning and increased process efficiency by approximately 20% ● Migrated outdated legacy HRIS system to Workday to enable better data tracking, reporting, audit and compliance for 18,000 employee records. Identified system capabilities, pain points, solutions, and launched Workday with zero post launch issues ● Identified various process improvement opportunities by analyzing 5yr turnover data, built programs to drive behavioral change and reduced turnover by 3% within 2 years. Forecasted turnover in key roles and constructed a robust plan to drive 4% attrition ● Conducted a top down and bottom-up skills audit to identify core manager and leader skills, to create anchor points for organizational development interventions (e.g., L&D, Coaching, performance management). ● Identified business staffing needs and built recruitment strategies to attract talent and reduced time to fill by approximately 20 days SQUARE, Inc. - Benefits and Mobility Coordinator 2017 – 2018 ● Initiated various immigration and mobility processes for new hires and transfers across 5 international locations, US, UK, Canada, Australia and Sweden, partnering with multiple immigration law firms and mobility vendors across these 5 locations ● Managed full lifecycle of mobility & benefit processes in collaboration with law firms and vendors, for employees from hire to separation ● Worked on rolling out Salesforce to automate employee help desk on cloud ● Designed internal wiki page interface and whitepapers on employee benefits, wellness and perks for internal marketing ● Conducted various internal audits for benefits and immigration processes including: LCA, I-9s, reverifications, workday data, COBRA, etc.

EDUCATION
The Ohio State University, Fisher College of Business 2017 Master’s in Human Resource Management, 3.5 GPA
SRM University 2014
Bachelor’s in Technology, Nanotechnology 3.4 GPA
University of Wisconsin - Madison 2012
Degree program a part of SRM University
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Susie Berg
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?
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?
Planning Commission
#118

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, May 09, 2025 1:31:56 PM
Last Modified: Friday, May 09, 2025 3:00:13 PM
Time Spent: 01:28:17
IP Address: 76.253.12.10

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? I participate in Federal GOTV activities during the election cycle and I'm a legal pro bono volunteer for Legal Aid of Marin. I frequently represent clients in their Community Court Program.

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

Elks Club (pending initiation in May 2025)
Q20
Education:

University of the Pacific, BA
Berkeley Law, JD
Q21
Why are you interested in serving on a board or commission? As a San Rafael resident, I am interested in serving on the Planning Commission because I am deeply committed to the thoughtful growth and long-term sustainability of our City. I care about how land use decisions impact the City and I want to contribute meaningfully to policy conversations around transportation, housing, economic development and climate goals.

I believe that my legal background could be an asset to the Commission. I began my legal career as a land use attorney, where I gained a strong understanding of general plans, zoning ordinances, CEQA compliance, and other foundational land use and real estate laws. These skills position me to evaluate planning matters with both a legal and practical lens.

In addition to my land use experience, throughout my legal career, I’ve advised on real estate, commercial, and regulatory issues. As a result, I’ve worked closely with planning consultants, title companies, and local governments—experience that has given me a solid understanding of how planning decisions affect housing, infrastructure, and community development.

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

I am pursuing the opportunity to open an indoor children's playground in San Rafael.

Q23
Upload your resume.
1%20-%20Susie%20Berg%20Resume%20AUG%202023%20-%20for%20ATS.pdf (179KB)

SUSANNE BERG, ESQ
San Rafael, CA 94109
linkedin.com/in/bergsusie
E-COMMERCE & FINTECH COUNSEL | OPERATIONS PARTNER
Commercial attorney who enjoys working in a dynamic legal department. Experience working with C-suites and stakeholders on complex business deals, managing litigation and product development. Familiarity with regulatory schemes such as UDAAP, GDPR, FDCPA AND FCRA in addition to money transmission laws and card network rules.

Career at a glance:
• Structuring and negotiating 200+ commercial contracts and deals including strategic partnerships, payment processing, financings, and corporate transactions, as well as acquisitions and divestitures. • Counseling 10+ product teams (e.g., payments, AI, e-commerce) on new products, product improvements, and compliance.
• Building and leading corporate teams of up to 5, and volunteer teams of up to 50. Also, experienced as nonprofit board president managing a 2,000-member organization. • Collaborating with 3- to 25-member teams, including commercial, product, engineering, finance, marketing, compliance, privacy, security governance, customer service, and regulatory. Additional experience establishing and managing relationships with external counsel.
• Serving as litigation counsel on 25+ matters and managing litigation on 125+ additional cases. • Managing operating budgets up to $925K.

EXPERIENCE:

AUTODESK INC.

San Francisco, CA
Director & Senior Corporate Counsel | Digital Platform, E-commerce & Experiences Aug 2019 to present
Recruited to serve as global lead counsel for the Autodesk digital experience. Reporting to Assistant General Counsel. • Digital Platform, E-commerce & Experiences: Appointed as business and legal advisor for Autodesk’s .com properties, helping open new growth pathways and enhancing customer experiences as digital business growth exceeded 30% YoY over 4 years.
- E-commerce & Go-to-Market Experiences: Appointed as legal business partner to 570-person operating division’s Chief Technologist and 14 direct reports—advising on issues in EMEA, APAC, and Americas.

Matters impact Autodesk.com e-commerce and go-to-market experiences, including 20+ marketing campaigns and promotions (e.g., email, telemarketing, contests); 2 new business models (e.g., subscription tokens); customer T&C / disclosures; community forum user rules (e.g., brand advocate policies). - Artificial Intelligence Product Counseling: Supported General AI considerations (e.g., consumer trust, IP, data privacy, security) related to product launch of employee- and customer-facing chatbots. - International e-Store Restructuring & Payments: Collaborated with 15-member e-commerce product team in restructuring 3 international e-Stores from vendor- to in-house management.

Included launching 5 international payments methods (e.g., credit cards, alternative payments, wire transfers)—negotiating multimillion-dollar payment vendor agreements (e.g., buy-now-later financing, data analytics) and ensuring regulatory compliance (e.g., SEPA, ACH, PCI) across 6 countries. - Website Accessibility: Served as point person for website compliance under the Americans With Disabilities Act, and conducted ADA training for 30-attendee conference breakout. • Social Responsibility: Co-founded 7-member Pro Bono Legal Committee to deliver global pro bono legal work, presently serving clients in 4 countries on immigration, LGBTQ+, and homelessness matters. Awarded “Partner in Justice” by Legal Aid of Marin. Includes partnership development with 8 law firms and non-profits. • Legal Summit Management: Led development and day-of operations for 110-attendee legal summit, hosted in Napa (Feb 14-17th, 2023). Included theme naming (“Defying Gravity”), planning and acquisiton of 8 executive level speakers, and team building planning, as well as event planner vendor selection and management.

YAPSTONE HOLDINGS
Walnut Creek, CA
Senior Legal Counsel
2016 to 2019
Recruited by GC to support 10-member commercial / product legal team as part of Series C company that powered payments for residential rental partners and one of the world’s top vacation marketplaces. Reporting to AGC. • Commercial Contracts: Worked closely with C-Suite in negotiating and drafting 20+ complex commercial deals, including a $15M PSA and a $35M cash-stock deal. Conducted due diligence on a potential fintech acquisition.
• Privacy Counsel: Led 2 core data protection initiatives, including workflows and terms necessary for compliance with GDPR and privacy shield
• Product Counseling: Advised the CTO, Chief Privacy Officer, and Office of the PMO on 5 bespoke fintech products and feature enhancements.
• Marketing Counseling: Appointed by GC to support 6-member marketing team, ensuring collateral compliance with UDAAP laws.

OVO COSMICO, INC. DBA BTCJAM
San Francisco, CA
In-House Counsel
2015 to 2016
Hired by Series A start-up to provide counsel across all aspects of legal and compliance issues relating to international peer-to-peer Bitcoin lending. Managed operations in COO’s absence, including HR, payroll, insurance, corporate governance matters, and records. Reported to COO and CEO, respectively. • Litigation Management: Acted as litigation counsel for master services agreement breach, resulting in advantageous settlement agreement with a Fortune 50 company. • Regulatory Strategic Planning: Created and implemented legal roadmap addressing regulatory issues including SEC, money transmission, and consumer lending. • Bitcoin Licensing Lead: Authored and project managed licensing application and process.

HERO CITY at DRAPER UNIVERSITY
San Mateo, CA
Managing Director
2013 to 2015
Hired to lead strategic direction and manage property / incubator operations serving 16 companies and 5 venture capital firms for 50,000 square foot co-working facility. Reported to the COO.

PARK TREE INVESTMENTS, LLC
San Francisco, CA
In-House Counsel and Chief of Staff
2009 to 2013
Managed legal and operational matters for a boutique hedge fund with mortgage and real property assets in 36 U.S. states and Puerto Rico. Reported to the CEO, and led in his absence.

Legal Counsel:
• Compliance: Launched and managed 4-member loss mitigation team in Canton, OH, ensuring compliance with Fair Debt Collections Practices Act, Truth-in-Lending-Act and licensing requirements. • Acquisition Management: Directed 4-member due diligence team on title underwriting, and property valuation. Helped negotiate and draft buy- and sell-side note sale agreements. • Transactions & Litigation Matters: Oversaw national network of 50+ foreclosure attorneys; drafted loan modifications and agreements (transfer, purchase / sale, operating), promissory notes and documents for recordation. Managed contested foreclosures, title claims, and bankruptcies.

Operations:
• Revenue Growth & Portfolio Performance: Helped raise $12M in capital and managed $26M in mortgage assets as firm grew from 2 to 8 employees and 12 investors. Included growth from $0 to $3.2M (2009-2012) and portfolio performance increase from 73% to 43% default rate. • Policy & Procedures Development: Authored 60-page process and procedures manual and employee handbook, and researched / established new benefits and administration policy.

LAW OFFICES of SUSANNE BERG
San Francisco, CA
Attorney
2005 to 2009

BINGHAM MCCUTCHEN
Walnut Creek, CA
Associate
2004 to 2005
CISCO SYSTEMS, INC.

San Jose, CA
Government Affairs Coordinator
2000 to 2001
CALIFORNIANS for GRAY DAVIS
San Francisco and Sacramento, CA
Deputy Finance Director (fundraising)
1998 to 2000
EDUCATION:

U.C. Berkeley, Boalt Hall School of Law, Juris Doctor, 2004 University of the Pacific, Bachelor of Arts, English, 1998 – with honors CIPP/US and CIPP/E, 2017 & 2018
California State Bar, 2005

FROM THE DESK OF
Robert S. Sandoval
May 9, 2025
Dear San Rafael City Council:

I am writing to express my strong support for Susie Berg’s application to serve on the San Rafael Planning Commission.

Susie is a friend of mine who I believe would bring a thoughtful and communityfocused approach to the Planning Commission. Susie is an accomplished attorney in the tech sector, a people leader, and has dedicated years in pro bono service representing tenants in housing matters. She also serves on the Board of Directors for Build Change—a women-founded nonprofit that promotes making homes more resilient to natural disasters.

Beyond her professional qualifications, Susie is a mother of her own young family in San Rafael and active in her community. She understands the importance of planning for the needs of our future to make San Rafael a better place to live, work, and raise a family.

We need more people like Susie on our Boards and Commissions. San Rafael’s Planning Commission would greatly benefit from Susie’s perspective.

Sincerely,
Robert Sandoval
Minutes Subject to Approval at the 06/23/25 City Council Meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 2, 2025
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/city-council-1 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 4:30 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:30 PM

2. Closed Session:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
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
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 620 Canal Street, San Rafael, CA (APN 014-162-01) Agency negotiator: Cristine Alilovich, City Manager; Micah Hinkle, Director of Community Economic Department; Greg Minor, Assistant Director of Community and Economic Development
Negotiating parties: The Anthony Cavallo Trust
Under negotiation: Price and Terms of Payment
2 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 6:06 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

City Attorney Robert Epstein announced that no reportable action was taken in Closed Session.

Mayor Kate offered gratitude to City staff, commented on illegal food vending, Gun Violence Awareness Day, and delivered a land acknowledgment.

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

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

3. City Manager and Councilmember Reports:

City Manager Cristine Alilovich reported/announced:
• Expressed appreciation to Reverand Dr. Janie Spahr
• Traffic issue in San Rafael due to emergency repairs on the Richmond/San Rafael bridge
• County of Marin’s Youth E-Bike Safety Campaign from the E-Bikers Club • 2nd Annual Pride Walk Art Puzzle
• Museum of Contemporary Art special exhibit on Sea Level Rise installation on June 3rd from 5:30-7:30 p.m. at 1210 Fifth Avenue
• San Rafael Chamber Leadership Institute’s Vendor Market on June 7th from 12-4 p.m. at 711 Grand Avenue
• San Rafael Public Library Juneteenth event on June 14th at 2 p.m. at 1009 4th Street • City Council Summer Meeting schedule
o June 16th meeting cancelled
o June 23rd special meeting scheduled
o July 7th meeting cancelled
o July 21st meeting scheduled
o August 5th meeting cancelled
o August 18th meeting scheduled
• Modified City Hall hours for summer from June 1st through August 31st. City Hall will be closed on Fridays, but available by appointment only. • City Facilities closed to honor Juneteenth on June 19th City Councilmember Reports:
• Vice Mayor Bushey reported on Transportation Authority of Marin, Marin County Council of Mayors and Councilmembers (MCCMC), and Marin Transit. 3 • Councilmember Kertz reported on County Commission on Aging panel, Homeless Policy Steering Committee for Older Adults, and San Rafael’s Age Friendly Strategic Planning Session.
• Councilmember Hill reported on MCCMC.
• Councilmember Llorens Gulati reported on Canal Parking Permit meetings, Marin Sea Level Rise steering committee, MCCMC, and the 2025 Bret Harte Community Art Music Stroll on June 7th from 2-5 p.m.
• Mayor Kate reported on Sonoma Marin Area Rail Transit and the Transportation Authority of Marin Countywide Transportation Implementation Plan committee.

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

CONSENT CALENDAR:

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

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of May 19, 2025 (CC) Approve minutes as submitted
b. Proclamations
Proclamations Supporting National Immigrant Heritage Month, National Gun Violence Awareness Month, Alzheimer’s and Brain Awareness Month, LGBTQIA+ Pride Month, Juneteenth, Rev. Dr. Jane “Janie” Adams Spahr
Received and filed
c. Electric Vehicle (EV) Fleet Electrification Program Contract Resolution Authorizing the City Manager to Negotiate and Enter into Contracts and Sign Letters of Commitment with Pacific Gas and Electric Company for the EV Fleet Electrification Program for City Facilities. CEQA Determination: Exempt Pursuant to CEQA Guidelines Sections 15311, 15303, and/or 15301 (CM)
Adopted Resolution 15408
d. Library Parcel Tax Rate for Fiscal Year 2025-26
Report Establishing the Annual Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year 2025-26 as Authorized by San Rafael Municipal Code Chapter 3.36 (Voter-Approved Measure D) (Fin)
Accepted report
e. Ambulance Service Cost Recovery Agreement
Resolution Authorizing the City Manager to Execute Agreements Allowing the San Rafael Fire Department to Participate in a Medi-Cal Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services (DHCS) and Kaiser for the Service Period of January 1, 2024 Through December 31, 2024 (FD) Adopted Resolution 15409
4 f. Paramedic Tax Rate for FY 2025-26
Resolution Maintaining Paramedic Service Special Tax Rates at Their Current Levels for Fiscal Year 2025-26 (FD)
Adopted Resolution 15410
g. Report on 2024 Fire Prevention Inspections of Certain Occupancies Resolution Acknowledging Receipt of a Report Made by the Fire Chief/Fire Marshal Regarding the Fire Prevention Inspections of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code for Calendar Year 2024 (FD) Adopted Resolution 15411
h. Bay point Lagoons Assessment District
Baypoint Lagoons Landscaping and Lighting Assessment District Annual Assessment FY 2025-26: (PW)
i. Resolution Directing Filing of Engineer's Annual Report FY 2025-26 Adopted Resolution 15412
ii. Resolution Approving Engineer's Annual Report FY 2025-26 Adopted Resolution 15413
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of June 23, 2025 Adopted Resolution 15414
i. Point San Pedro Road Median Landscaping Assessment District Point San Pedro Road Median Landscaping Assessment District Annual Assessment FY 2025-26 (PW)
i. Resolution Directing Filing of Engineer's Annual Report FY 2025-2026 Adopted Resolution 15415
ii. Resolution Approving Engineer's Annual Report FY 2025-26 Adopted Resolution 15416
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of June 23, 2025 Adopted Resolution 15417
j. Design and Utility Coordination for Electric Vehicle Charging Installations Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with NV5 Consultants, Inc. to Assist with the Design and Utility Coordination for Electric Vehicle Charging Installations in an Amount Not to Exceed $70,000 for the Public Works Facility (PW)
Adopted Resolution 15418
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None

SPECIAL PRESENTATIONS

5. Special Presentations
5 Mayor Kate invited public comment; however, there was none. a. Presentation of Proclamation in Recognition of Rev. Dr. Jane “Janie” Adams Spahr Mayor Kate presented the proclamation and Rev. Dr. Jane ‘Janie’ Adams Spahr made comments.

PUBLIC HEARINGS

6. Public Hearings
a. Military Equipment Use
Resolution Renewing the Ordinance Adopting San Rafael Police Department Military Equipment Use Policy 706; Adding Two Drones for Use as First Responders; and Authorizing the City Manager to Execute a Purchase Order with Flock Group, Inc. in an Amount Not to Exceed $500,000, Subject to Council Appropriation (PD) Chief of Police David Spiller provided comments and Lieutenant Scott Eberle presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Sharodima, Daryoush, name withheld
City Councilmembers provided comments.

Councilmember Hill moved and Councilmember Kertz seconded to adopt the Resolution Renewing the Ordinance Adopting San Rafael Police Department Military Equipment Use Policy 706; Adding Two Drones for Use as First Responders; and Authorizing the City Manager to Execute a Purchase Order with Flock Group, Inc. in an Amount Not to Exceed $500,000, Subject to Council Appropriation.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15419

OTHR AGENDA ITEMS

7. Other Agenda Items
a. Three-Year Strategic Plan for Fiscal Years 2025-2028 and Performance Metrics Resolution Adopting the City Council’s Three-Year Strategic Plan for Fiscal Years 2025- 2028 (CM)
City Manager Cristine Alilovich and Assistant City Managers John Stefanski and Angela Robinson-Piñon presented the Staff Report.

Staff responded to questions from the City Council.
6 Mayor Kate invited public comment.

Speakers: Amy Likover, Bill Carney – Sustainable San Rafael, Jeff Rhoads City Councilmembers provided comments.

Vice Mayor Bushey moved and Councilmember Kertz seconded to adopt the Resolution Adopting the City Council’s Three-Year Strategic Plan for Fiscal Years 2025-2028.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15420
Mayor Kate called a recess at 8:30 p.m. and called the meeting back to order at 8:37 p.m.

PUBLIC HEARINGS

8. Public Hearings
a. Proposed Update to Master Fee Schedule for Fiscal Year 2025-26 Resolution Updating the City’s Master Fee Schedule for Fiscal Year 2025-26 (Fin) Finance Director Paul Navazio presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Fritzi Schnel, Jonathan Frieman, Rhonda Cutter City Councilmembers provided comments which included feedback to staff to review massage inspection fees.

Vice Mayor Bushey moved and Councilmember Llorens Gulati seconded to adopt the Resolution Updating the City’s Master Fee Schedule for Fiscal Year 2025-26.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15421

OTHR AGENDA ITEMS

9. Other Agenda Items
a. Final Citywide Budget for Fiscal Year 2025-26, GANN Legal Spending Limit, Measure A Workplan, And Capital Improvement Program
7 i. Resolution Approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2025-26, Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $192,282,438, with Net Appropriations of $163,777,889
ii. Resolution Approving Fiscal Year 2025-26 GANN Appropriations Limit at $197,230,566
iii. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2025-26
iv. Approval of the Capital Improvement Program for FY 2025-26 Through FY 2027-28 Finance Director Paul Navazio presented the Staff Report.

Staff responded to questions from the City Council.

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

City Councilmembers provided comments.

Vice Mayor Bushey moved and Councilmember Hill seconded to adopt the Resolution Approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2025-26, Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $192,282,438, with Net Appropriations of $163,777,889.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15422
Councilmember Kertz moved and Councilmember Llorens Gulati seconded to adopt the Resolution Approving Fiscal Year 2025-26 GANN Appropriations Limit at $197,230,566.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15423
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2025-26.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15424
8 Councilmember Hill moved and Councilmember Kertz seconded to approve the Capital Improvement Program for FY 2025-26 Through FY 2027-28.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Approved the Capital Improvement Program for FY 2025-26 Through FY 2027-28

OPEN TIME FOR PUBLIC EXPRESSION
• Steve Friedman addressed the City Council regarding the smoking ordinance. • Victoria DeWitt addressed the City Council regarding the Second and Fourth Streets intersection improvement project.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 9:42 pm.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2025
_____________________________________
KATE COLIN, Mayor
City of San Rafael
Proclamation in Recognition of

PARK AND RECREATION MONTH
July 1 – 31, 2025
WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of San Rafael. Parks and recreation promote physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and WHEREAS, parks, recreation, and open space areas are fundamental to the environmental well-being of the community and the City of San Rafael recognizes the benefits derived from parks and recreation programs by maintaining three community centers, the Falkirk Cultural Center, Terra Linda Pool, two community gardens, 106.41 acres of improved parkland, and 934.9 acres of unimproved open space; and
WHEREAS, parks and recreation foster social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, parks and recreation support the economic vitality of communities through increased property values, by providing frontline jobs, childcare for the work force, and promoting community revitalization; and
WHEREAS, parks and recreation support human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities, and parks and recreation strengthen community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, parks and recreation sustain and steward our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and WHEREAS, in 2023, the City of San Rafael adopted a Park and Recreation Master Plan to help the City prioritize recommendations and develop strategies to improve our parks, update facilities, increase ways for people to access and connect to parks, and strengthen recreation programs; and
WHEREAS, this year’s theme is ‘Build Together, Play Together’, a reminder of the contributions of parks and recreation employees, and volunteers, and in the spirit of this theme, the City of San Rafael invites you to join us this summer as we ‘play together’ at ribbon cutting ceremonies celebrating two projects our community has ‘built together’ – the Pickleweed Park enhancement project and the Peacock Gap Park improvement project.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim July 1 – 31, 2025, as Park and Recreation Month in the City of San Rafael. ______________
Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Agenda Item No: 4c
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Rob Epstein, City Attorney,
Andrea Visveshwara, Chief Assistant City
Attorney
City Manager Approval: ____
TOPIC: PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $600,000 WITH BURKE, WILLIAMS & SORENSEN, LLP

FOR LEGAL SERVICES
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $600,000 with Burke, Williams & Sorensen, LLP for legal services.

BACKGROUND:

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

The City Council has previously authorized the following agreements with Burke, Williams & Sorensen, LLP:
• On January 21, 2020, the City Council approved and authorized the City Manager to enter into an agreement for legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $112,000.
• On June 7, 2021, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 1, 2022, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• On August 21, 2023, the City Council authorized the City Manager to enter into a professional services agreement (PSA) for general municipal legal services in an amount not to exceed $170,000. On May 20, 2024, the City Council authorized the City Manager to enter into the first amendment to the agreement in the amount of $130,000, increasing the total PSA to $300,000. • On October 21, 2024, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $420,000. This agreement excluded payments made that were reimbursed by third parties (e.g., developers) from the not to exceed amount.
• On November 4, 2024, the City Council authorized the City Manager to enter into two PSAs, the first for employee relations legal services in an amount not to exceed $150,000 and the second for labor relations legal services in an amount not to exceed $150,000 (collectively referred to as the “Employee Legal Services Agreements”). On March 17, 2025, the City Council authorized the City Manager to enter into an amendment to the agreement for employee relations, increasing the not to exceed amount by $75,000, for a total of $225,000. The Employee Legal Services Agreements run through June 30, 2026.

ANALYSIS:

Staff recommends entering into a professional services agreement to retain Burke, Williams & Sorensen, LLP for as-needed general municipal legal services covering fiscal year (FY) 2025-26. Under San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding based on demonstrated competence and professional qualifications. Burke, Williams & Sorensen, LLP is a fullservice municipal law firm, meaning it can provide a variety of services to all City departments, and its attorneys have expertise in a variety of areas. The City would make payment at the firm’s standard public entity hourly rates. This agreement would cover all City departments and would be funded from various sources. For services related to general municipal law, payment would be made from the City Attorney’s Office contract budget. Legal services for development projects are typically covered by a cost recovery agreement, and legal fees are paid by the applicant. Representation in litigation matters is covered by the liabilities fund. The Human Resources Department's budget covers services for labor and employment. The Affordable Housing Fund covers matters related to affordable housing.

As part of the Council’s action and the proposed professional services agreement, the Employee Services Legal Agreements would be terminated as being superfluous, and legal services for employee and labor relations would be provided under the proposed agreement.

FISCAL IMPACT:

Funds to cover expenditures are available in the FY 2025-2026 from the following funds:
• $250,000 from the City Attorney’s Office budget from funds for contract services • $300,000 from the Human Resources budget from funds for contract services • $50,000 for Affordable Housing from Community Economic Development’s affordable housing fund
.

Based on the foregoing, the total not to exceed amount will be $600,000. This amount excludes expenditures reimbursed by third parties, as well as expenditures covered by the liability fund (e.g., litigation services).

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

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

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

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $600,000 with Burke, Williams & Sorensen, LLP for legal services.

ATTACHMENTS:

1. Resolution

2. Draft Professional Services Agreement for General Municipal Legal Services RESOLUTION NO. _______

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER

TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $600,000 WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES WHEREAS, the City has determined that general municipal legal services are needed to provide capacity and technical expertise to the City Attorney’s Office, which provides legal services to all City departments; and
WHEREAS, Burke Williams & Sorensen, LLP is qualified to provide legal services to the City; and
WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding on the basis of demonstrated competence and professional qualifications; and
WHEREAS, the City determines that the Burke Williams & Sorenson is competent and highly qualified to provide legal services to the City; and WHEREAS, funding to support this agreement is available from the contractual services funds in the budgets of the City Attorney’s Office, Human Resources and Affordable Housing Fund.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds the foregoing recitals to be true and correct and hereby authorizes the City Manager to execute a professional services agreement in an amount not to exceed $600,000 with Burke, Williams & Sorensen, LLP for legal services, with expenditures reimbursed by third parties and covered by the liability fund excluded from the not to exceed amount.

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 special meeting of the City Council of the City of San Rafael, held on the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

BURKE, WILLIAMS & SORENSEN, LLP

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

RECITALS
A. CITY desires to secure professional services more fully described in this Agreement; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and
C. On November 4, 2024, the City Council authorized the City Manager to enter into two professional services agreements with CONSULTANT, the first for employee relations legal services in an amount not to exceed $150,000, with a term expiring on June 30, 2026, which was subsequently amended per City Council’s authority on March 17, 2025, to increase the not to exceed amount to $225,000, and the second agreement for labor relations legal services in an amount not to exceed $150,000, expiring on June 30, 2026 (collectively referred to as “Employment Agreements”).

D. The Parties desire to terminate the Employment Agreements and enter into an agreement that will service all City Departments, including the Human Resources Department.

NOW, THEREFORE, the Parties hereby agree that the Employment Agreements are terminated effective June 30, 2025, and the Parties agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are as-needed legal services in general municipal law, including but not limited to, subject- v 08.22 2
matter expertise in areas such as land use, zoning, housing, code enforcement, finance, real estate, Public Records Act, litigation matters, construction, and telecommunications. Services will also include labor and employment legal services, which includes but is not limited to representation of the City in labor negotiations, as requested, policy review and development, training workshops, investigation support, compliance audits, dispute resolution, regulatory updates for Human Resources, and litigation support.

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the following rates per hour for labor. Fees for Services paid by the City and not subject to reimbursement by third parties or payment by the City’s liability fund shall not exceed $600,000. • General Municipal (e.g., Pitchess, Gun Violence Restraining Orders, contracts, Public Records Act, conflicts, drafting ordinances, resolutions, staff reports, etc., all general municipal matters not listed below) - $325/hour for all attorneys • Real Estate/Complex Housing/Development (reimbursable) – Partners $485/hour/Associates $425/hour
• Litigation/Real Estate/Construction/Complex Housing/Development (nonreimbursable) - Partners $395/hour/Associates $325/hour • Labor and Employment – Partners $395/hour, Associates $325/hour and Paralegals $150/hour
The hourly rates set forth above shall remain in effect until June 30, 2026. Thereafter, unless otherwise negotiated, the hourly rates will be increased by $5 annually, which the parties agree represents a fair and reasonable approximation of the increase in the cost of providing services (Cost of Living).

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

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2025 and terminate on June 30, 2026.

4. PROJECT COORDINATION.

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

B. CONSULTANT’S Project Director. CONSULTANT shall assign a single v 08.22 3
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Nira Doherty, Esq. is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution.

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

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

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
v 08.22 4

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

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

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

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this v 08.22 5
Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

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

To CITY’s Project Manager:

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

Nira Doherty, Esq.

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

15. INDEPENDENT CONTRACTOR.

For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of v 08.22 6
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY.

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

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

17. SET-OFF AGAINST DEBTS.

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

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. v 08.22 7

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

Office of the City Attorney
_________________________________
By: ANDREA VISVESHWARA
Chief Assistant City Attorney
ATTEST:

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

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

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FOR CITY CLERK ONLY
Meeting Date:

Disposition:

Agenda Item No: 4.d
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by:

Daniel Cooperman,
Community Services Division Director
City Manager Approval: ______________
TOPIC: HOMELESSNESS SERVICES CONTRACTS
SUBJECT: APPROVAL OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO AMEND

CONTRACTS WITH FOEGE SCHUMAN GLOBAL DISASTER SOLUTIONS LLC FOR

ENCAMPMENT AND DEBRIS REMOVAL, IN THE AMOUNT NOT TO EXCEED $200,000, FOR A TOTAL NOT TO EXCEED AMOUNT UNDER THIS AGREEMENT OF $350,000; AND WITH FOEGE SCHUMAN GLOBAL DISASTER SOLUTIONS LLC FOR

SANCTIONED CAMPING AREA OPERATIONS IN THE AMOUNT NOT TO EXCEED $675,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,350,000, AND WITH

DEFENSE BLOCK SECURITY FOR SECURITY SERVICES AT THE SANCTIONED CAMPING AREA IN THE AMOUNT BY $750,000 FOR A TOTAL NOT TO EXCEED OF AMOUNT OF $1,600,000; AND AUTHORIZING SUPPLEMENTAL BUDGET APPROPRIATIONS OF $1,425,000 FROM AVAILABLE ENCAMPMENT RESOLUTION FUND-ROUND 3 (ERF3) GRANT FUNDS TO SUPPORT AMENDED CONTRACTS RECOMMENDATION:

Staff recommends that the City Council adopt resolutions authorizing the City Manager to:

1. Execute a second amendment to the general services agreement with Foege Schuman Global Disaster Solutions LLC (FS Global) for encampment cleanup services, in an amount not to exceed $200,000, increasing the total not to exceed amount under the Agreement to $350,000 for fiscal year (FY) 2025-26;

2. Execute a first amendment to the general services agreement with FS Global for operation services at the Sanctioned Camping Area (SCA), in an amount not to exceed $675,000, increasing the total not to exceed amount under the Agreement to $1,350,000 for FY 2025-26; and

3. Execute a first amendment to the general services agreement with Defense Block Security (DBS) for security services at the SCA in an amount not to exceed $750,000, increasing the total not to exceed amount under the Agreement to $1,600,000 for FY 2025-26, and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

4. Authorize supplemental budget appropriations of $1,425,000 from available Encampment Resolution Fund-Round 3 (ERF3) grant funds to support amended contracts.

BACKGROUND:

Encampment and Debris Removal:

The City conducts ongoing enforcement of the Camping Ordinance, which regulates camping on certain public properties. Each week, the San Rafael Police Department reviews known encampment areas and issues notices for violations. Following this, the City’s contracted encampment and debris removal contractors visit campsites in violation to collect and dispose of items to bring those sites into compliance.

To facilitate this work, the City entered into a General Services Agreement with Foege Schuman Global Disaster Solutions LLC (FS Global) on October 24, 2024, for an amount not to exceed $75,000 and subsequently amended the contract in March 2025 to add an additional $75,000 for a total not to exceed amount of $150,000 in to provide debris removal and disposal of trash and waste from unhoused encampments in San Rafael.

Sanctioned Camping Area:

In response to ongoing challenges related to homelessness and the need for safe, managed spaces for individuals experiencing unsheltered homelessness, the City of San Rafael and County of Marin established the Sanctioned Camping Area (SCA) as part of its broader homelessness response strategy.

The SCA opened in early October 2024 and is funded through an Encampment Resolution Fund (Round 3) Grant awarded to the City and the County of Marin. Through this partnership, the County of Marin coordinates case management and outreach services to support program participants on their pathway to housing. The City is responsible for overseeing the contracts related to the daily operations of the program.

The SCA provides a structured and supervised environment where individuals can access temporary shelter, basic services, stability, and pathways to permanent housing while also mitigating public health and safety concerns in surrounding neighborhoods.

On August 19, 2024, the City of San Rafael entered into a contract for $675,000 with FS Global to provide operational support for the SCA.

Similarly, on August 19, 2024, the City of San Rafael entered into a contract for $850,000 with Defense Block Security (DBS) to provide security services at the City’s sanctioned camping area.

ANALYSIS:

Encampment and Debris Removal:

The City has fully expended the initial $150,000 contract with FS Global to support weekly encampment trash removal services and additional cleanups as needed. To maintain these services, the City seeks to extend the contract to ensure ongoing trash and debris removal at encampment sites, as well as to have a vendor available for urgent encampment debris removal in other areas of the City, as referred to in San Rafael Municipal Code Chapter 19.50.050 (F).

Staff propose extending the Agreement with FS Global and increasing the contract by $200,000, bringing the total not to exceed under the Agreement to $350,000. This extension will fund continued services through the Fiscal Year 2025-26.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FS Global has the experience required for waste abatement operations and has been an effective provider of these services since October 2024. FS Global has averaged 112 cubic yards of debris removal each month since their contract began. The agreement involves coordination with City staff and the San Rafael Police Department to identify and clean-up sites, conduct site evaluations, manage equipment rentals, properly dispose of debris, adhere to safety protocols, and provide a post-service report and update.

Sanctioned Camping Area:

The City is satisfied with both its current program contractors and is seeking to extend their contracts for the remainder of the SCA’s operations.

FS Global brings expertise in managing temporary and transitional shelter environments, with a focus on safety, client-centered service delivery, and operational efficiency. Their role includes oversight of the site’s infrastructure, resident engagement and support, compliance with rules and safety protocols, and coordination with City departments and social service providers. This partnership aims to enhance service consistency, improve outcomes for residents, and reduce the strain on public safety and public works resources.

Staff propose extending this Agreement with FS Global for encampment operation services and increasing the contract by $675,000, bringing the total not to exceed under the Agreement to $1,350,000.

This extension will fund continued services through the Fiscal Year 2025-26.

Defense Block supports the City’s ongoing efforts to create a safe, stable, and well-managed environment for individuals experiencing homelessness who are residing at the site. Their efforts ensure safety for both camp residents and surrounding neighborhoods, which has been a key component of the program’s success. Defense Block was selected based on its experience providing security services in communitybased and sensitive environments. Under the proposed contract, Defense Block Security will continue to provide 24/7 on-site presence, monitor access points, conduct perimeter checks, and respond to incidents in coordination with the San Rafael Police Department and other City staff. Their responsibilities will also include enforcing site rules and supporting a calm, respectful environment within the camp.

This professional security presence is not intended to criminalize homelessness but rather to ensure the site remains a safe, stable, and supportive space for its residents. In addition, the contract with Defense Block Security allows the City to reallocate internal resources—such as Police and Public Works personnel—toward other pressing needs while maintaining a strong and consistent presence at the SCA.

Staff propose extending this Agreement with DBS for security services and increasing the contract by $750,000, bringing the total not to exceed under the Agreement to $1,600,000. This extension will fund continued services through the Fiscal Year 2025-26.

FISCAL IMPACT:

The $200,000 in funding for encampment cleanup is included in the Community Services Division budget (General Fund) for FY 2025-26.

The $675,000 for Sanctioned Camping Area Operations and $750,000 for Sanctioned Camping Area Security Services will be funded through the Encampment Resolution Fund Round 3 Grant. City Council action is requested to appropriate $1.425 million in available ERF3 Grant funds within the FY 2025-26 Community Services Division budget to support the amended contracts.

RECOMMENDED ACTION:

Staff recommend that the City Council adopt resolutions authorizing the City Manager to:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4

1. Execute a second amendment to the general services agreement with Foege Schuman Global Disaster Solutions LLC (FS Global) for encampment cleanup services, in an amount not to exceed $200,000, increasing the total not to exceed amount under the Agreement to $350,000 for fiscal year (FY) 2025-26;

2. Execute a first amendment to the general services agreement with FS Global for operation services at the Sanctioned Camping Area (SCA), in an amount not to exceed $675,000, increasing the total not to exceed amount under the Agreement to $1,350,000 for FY 2025-26; and

3. Execute a first amendment to the general services agreement with Defense Block Security (DBS) for security services at the SCA in an amount not to exceed $750,000, increasing the total not to exceed amount under the Agreement to $1,600,000 for FY 2025-26, and

4. Authorize supplemental budget appropriations of $1,425,000 from available Encampment Resolution Fund-Round 3 (ERF3) grant funds to support amended contracts.

ATTACHMENTS:

1. Resolution authorizing the City Manager to amend contracts with Foege Schuman Global Disaster Solutions LLC for sanctioned camping area operations in the amount not to exceed $675,000 for a total not to exceed amount under the agreement of $1,350,000, and with Defense Block Security for security services at the sanctioned camping area in the amount not to exceed $750,000 for a total not to exceed amount under the agreement of $1,600,000; and authorizing supplemental budget appropriations of $1,425,000 from available Encampment Resolution Fund-Round 3 (ERF3) grant funds to support amended contracts

2. Resolution authorizing the City Manager to amend contracts with Foege Schuman Global Disaster Solutions LLC for encampment and debris removal, in the amount not to exceed $200,000 for a total not to exceed amount under this agreement of $350,000 RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND CONTRACTS WITH

FOEGE SCHUMAN GLOBAL DISASTER SOLUTIONS LLC FOR SANCTIONED CAMPING AREA OPERATIONS IN THE AMOUNT NOT TO EXCEED $675,000 FOR A TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT OF $1,350,000, AND

WITH DEFENSE BLOCK SECURITY FOR SECURITY SERVICES AT THE SANCTIONED CAMPING AREA IN THE AMOUNT NOT TO EXCEED $750,000 FOR A TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT OF $1,600,000; AND AUTHORIZING SUPPLEMENTAL BUDGET APPROPRIATIONS OF $1,425,000 FROM AVAILABLE ENCAMPMENT RESOLUTION FUND-ROUND 3 (ERF3) GRANT FUNDS

TO SUPPORT AMENDED CONTRACTS
WHEREAS, Homelessness remains a significant challenge across the United States and San Rafael is no exception; and
WHEREAS, the City Council, through their 2025-26 Goals and Objectives, has made Housing and Homelessness one of their top priorities; and WHEREAS, The California lnteragency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of (1) Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; (2) Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and (3) Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments; and
WHEREAS, The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding; and WHEREAS, the City and County proposed utilizing the funds to address San Rafael’s largest encampment, and Marin County’s largest urban encampment, known as the Mahon Creek Area encampment, in two phases; and
WHEREAS, in the first phase, the City sanctioned an area for camping and made safety/sanitation improvements to the encampment area. This phase will operate as a low-barrier, housing-focused safe sleeping site, and is discussed in the staff report accompanying this resolution; and
WHEREAS, once it becomes feasible, the City will replace the sanctioned camp with a non-congregate, housing-focused, interim shelter program at a site still to be identified within the City; and
WHEREAS, the first phase requires several contractors to support the development and operation of the sanctioned camping site and issued and completed a Request for Proposals process to solicit and identify potential contractors to provide these services; and
WHEREAS, the City has identified Defense Block Security to sanctioned camp area provide security services in an amount not to exceed $750,000; and WHEREAS, the City has identified FS Global to provide sanctioned camping area program and property management services in an amount not to exceed $675,000; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to amend the General Services Agreement between the City and Foege Schuman Global Disaster Solutions LLC, for operational services in an amount of $675,000, for a total contract amount not to exceed $1,350,000; and amend the General Services Agreement with Defense Block, Inc for security services in amount of $750,000, for a total contract amount not to exceed $1,600,000; and be it FURTHER RESOLVED, that he City Council of the City of San Rafael does hereby authorize appropriation of $1,425,000 from available Encampment Resolution FundRound 3 (ERF3) Grants Funds (Fund 283) to augment the Community Services Division of the City Manager’s Office FY 2025-26 budget to support ongoing contract costs associated with the Sanctioned Camp Area.

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 special meeting of the City Council of said City on the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
RESOLUTION NO. ______

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND A GENERAL

SERVICES AGREEMENT WITH FOEGE SCHUMAN GLOBAL DISASTER

SOLUTIONS LLC FOR ENCAMPMENT AND DEBRIS REMOVAL, IN THE AMOUNT NOT TO EXCEED $200,000 FOR A TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT OF $350,000
WHEREAS, on March 17, 2025, the City Council approved and authorized a General Services Agreement with Foege Schumann Global Disaster Solutions LLC (FS Global) for encampment cleanup services in an amount not to exceed $150,000; and WHEREAS, the City has fully expended the existing $150,000 contract with FS Global to provide debris removal and trash pickup services; and WHEREAS, in order to provide FS Global with sufficient resources to continue the debris removal and trash pickup services for encampment areas in San Rafael for FY 2025-26, staff recommends that the City Council authorize amending the FS Global’s contract from the not to exceed amount of $150,000 to a total contract amount not to exceed $350,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to amend the General Services Agreement between the City and Foege Schuman Global Disaster Solutions LLC, for additional encampment cleanup services in an amount of $200,000, for a total contract amount not to exceed $350,000.

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 special meeting of the City Council of the City of San Rafael, held on Monday, the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Agenda Item No: 4.e
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: Ariel Gutierrez,
Sr. Management Analyst
City Manager Approval: ______________
TOPIC: EXTENDING ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING

SERVICES AGREEMENTS
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO:
1) AMEND PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL BUILDING

PLAN REVIEW AND INSPECTION CONSULTING SERVICES TO INCREASE THE

TOTAL COMPENSATION AMOUNT FOR COASTLAND CIVIL ENGINEERING, LLP BY $200,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $400,000 AND TO

INCREASE THE TOTAL COMPENSATION AMOUNT FOR INTERWEST CONSULTING GROUP BY $300,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $450,000; AND 2) AUTHORIZE SUPPLEMENTAL FISCAL YEAR 2024-25 BUDGET
APPROPRIATIONS OF $500,000 (GENERAL FUND) SUPPORTED THROUGH

INCREASED PERMIT FEE REVENUES
RECOMMENDATION:

Staff recommends that the City Council adopt the above-referenced resolution.

BACKGROUND:

The building plan review is a critical function of the building permit review process and requires specialized skills, experience, and certifications. Over the last decade, the City of San Rafael (San Rafael) has effectively utilized specialized consulting service providers to support building division staff. San Rafael has utilized three separate consulting firms given varying firm capacities to address City needs.

Coastland and Interwest are two of three consulting firms providing on-call building plan review and inspection consulting services for the City’s building permit review process, building counter services and building inspection services.

As San Rafael continues to receive increased development applications and more complex construction applications, including multi-family housing and mixed-use commercial developments, the Community and Economic Development (CED) Department continues to need assistance from specialized consulting firms to provide building permit plan check, counter services, and inspection services. The entitlement on May 13, 2025, of the eight-story development at 930 Irwin Street recently increased the need for plan review support. The size of this development, and future developments of this size, presents a significantly larger and different service need than the City’s typical workload.

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

Coastland and Interwest have consistently demonstrated that they have staff with the ability and flexibility to deliver high-quality services. The firms have been instrumental in moving development applications through the building permit review process during peak construction activity periods. Both firms were selected based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required as defined in the San Rafael Municipal Code (SRMC) Section 2.55.100.D.

Accordingly, staff recommends amending the professional services agreement with Coastland for on-call building plan review and inspection consulting services from a not to exceed amount of $200,000 to a total contract not to exceed amount of $400,000. Likewise, staff also recommends amending the on-call building plan review and inspection consulting services from Interwest from a not to exceed amount of $150,000 to a total contract not to exceed amount of $450,000. These amendments will cover existing commitments for services related to large projects and allow staff to request assistance from the firms to fill other needs should they materialize. The CED Assistant Director/Chief Building Official will review and approve each individual project, scope of work, and cost estimates, as needed.

FISCAL IMPACT:

The proposed amendments to the professional services agreements with Coastland and Interwest increase the combined contract amounts by $500,000, from a combined not-to-exceed amount of $350,000 to $850,000. Staff requests authorization for a supplemental budget appropriation of $500,000 for the Community and Economic Development Department’s Fiscal Year 2024-25 budget (General Fund) to support the amended contracts. The contract amendment covers work needed in both the current and next fiscal year, with funding encumbered upon contract authorization. Costs associated with the services provided by Coastland and Interwest will be fully and directly funded by the proportionately increased building permit fee revenues.

OPTIONS:

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

1. Approve the resolution as proposed by staff.

2. Approve the resolution with amendments.

3. Direct staff to return with more information; or

4. Take no action.

RECOMMENDED ACTION:

Staff recommend that the City Council adopt a resolution authorizing the City Manager to:

1. Amend the professional services agreements for on-call building plan review and inspection consulting services to increase the total compensation amount for Coastland Civil Engineering, LLP by $200,000 for a total not to exceed amount of $400,000 and to increase the total compensation amount for Interwest Consulting Group by $300,000 for a total not to exceed amount of $450,000; and

2. Authorize supplemental Fiscal Year 2024-25 budget appropriations of $500,000 (General Fund) supported through increased permit fee revenues
ATTACHMENT:

1. Resolution
RESOLUTION NO. _____
RESOLUTION AUTHORIZING THE CITY MANAGER TO:
1) AMEND PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL BUILDING PLAN

REVIEW AND INSPECTION CONSULTING SERVICES TO INCREASE THE TOTAL COMPENSATION AMOUNT FOR COASTLAND CIVIL ENGINEERING, LLP BY $200,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $400,000 AND TO INCREASE THE TOTAL COMPENSATION AMOUNT FOR INTERWEST CONSULTING GROUP BY $300,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $450,000; AND
2) AUTHORIZE SUPPLEMENTAL FISCAL YEAR 2024-2025 BUDGET APPROPRIATIONS OF $500,000 (GENERAL FUND), SUPPORTED THROUGH INCREASED PERMIT FEE REVENUES.

WHEREAS, building plan review is critical to the building permit review process and requires specialized skills, experience, and certifications; and WHEREAS, the City of San Rafael (San Rafael) utilizes consulting firms to address the City’s building plan review and inspection needs; and WHEREAS, on October 21, 2024, the City Council authorized the City Manager to enter into a Professional Services Agreements with Coastland Civil Engineering, LLP (Coastland) and Interwest Consulting Group (Interwest) for on-call building plan review and inspection consulting services in an amount not to exceed $200,000 and $150,000, respectively; and
WHEREAS, subsequently, San Rafael entered into contract with Coastland for the term of October 24, 2024, through December 31, 2025, and Interwest for the term of April 4, 2025 through June 30, 2028; and
WHEREAS, staff recommends amending the amount of the on-call building plan review and inspection consulting services with Coastland from a not to exceed amount of $200,000 to a total contract amount not to exceed $400,000 and the not to exceed amount for Interwest from $150,000 to a total contract amount not to exceed $450,000; and WHEREAS, these contract amendments will cover existing commitments for services and allow staff to request assistance from the firm as needed; and WHEREAS, the proposed contract increases result in the need to modify the Fiscal Year 2024-2025 budget to provide for supplemental budget appropriations supported by increased permit fee revenues.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to amend the Professional Services Agreement between the City and Coastland Civil Engineering for additional on-call building plan review and inspection consulting services in the amount of $200,000, for a total contract amount not to exceed $400,000; and be it FURTHER RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to amend the Professional Services Agreement between the City and Interwest Consulting Group for additional on-call building plan review and inspection consulting services in the amount of $300,000, for a total contract amount not to exceed $450,000; and be it
FURTHER RESOLVED, that the City Council of the City of San Rafael hereby authorizes supplemental budget appropriations in the amount of $500,000 within the Community and Economic Development Department’s Fiscal Year 2024-2025 General Fund budget to support the recommended contract amendments, and which are supported by increased permit fee revenues.

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 special meeting of the City Council of the City of San Rafael, held on Monday, the 23rd day of June 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.f
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development Department Prepared by: Greg Minor, Assistant Director

City Manager Approval: ______________
TOPIC: EXPLORING FORMATION OF A COMMUNITY LAND TRUST WITH THE COUNTY OF MARIN
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL IN SUPPORT OF

EXPLORING THE FORMATION OF A COMMUNITY LAND TRUST WITH THE COUNTY

OF MARIN AS A STEP TOWARD ACHIEVING COMPLIANCE WITH THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC's) TRANSIT-ORIENTED

COMMUNITIES (TOC) POLICY
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution in support of exploring the formation of a community land trust with the County of Marin.

BACKGROUND:

In 2022, the Metropolitan Transportation Commission (MTC) adopted the Transit-Oriented Communities (TOC) Policy to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only enable transit ridership but also are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services. TOC Policy applies to locations within a half mile of existing and planned stops and stations served by Bay Area transit including, Bay Area Rapid Transit (BART), Caltrain, Muni, Sonoma-Marin Area Transit (SMART), and the Golden Gate Ferry systems. In 2023, MTC identified two Tier Four TOCs in the City of San Rafael (San Rafael), one surrounding the Marin Civic Center SMART station and the other surrounding the San Rafael Transit Center SMART station. Other Marin County jurisdictions with TOCs include Novato, Belvedere, Tiburon, Sausalito, and Larkspur.

TOC Policy requirements for local jurisdictions include minimum residential and commercial office densities for new developments, adoption of affordable housing production, preservation, and protection policies, as well as requirements for stabilizing businesses to prevent displacement. Compliance with the TOC policy requirements is necessary for cities to be eligible for transportation funding, including One Bay Area Grant (OBAG) funding cycles. The process for cities to confirm compliance with TOC Policy will continue on a rolling basis until an anticipated deadline in early 2026, corresponding with the OBAG 4 funding timeframe.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
With respect to affordable housing preservation, TOC Affordable Housing Preservation Policy 5:

Public/Community Land Trusts includes investments or policies to expand the amount of land held by public and non-profit entities such as cooperatives, community land trusts, and land banks with permanent affordability protections. To comply with TOC Affordable Housing Preservation Policy 5:

Public/Community Land Trusts San Rafael will need to establish a program that provides $900,000 over a four-year period; the source of this funding can include funding provided by the County of Marin (See MTC Administrative Guidance: Transit-Oriented Communities Policy, pp.14-15 and p.30).

San Rafael has already taken steps to support community land trusts. Specifically, as part of San Rafael’s 2023-2031 Housing Element, San Rafael’s City Council adopted Policy H-4.5: Opportunities for Home Ownership, which asserted:

Recognize home ownership as a tool for creating generational wealth, particularly for members of racial/ ethnic groups that historically faced and continue to face discriminatory lending, appraisal and sales practices. Support home ownership opportunities for low- and moderate income first-time buyers, including cooperatives, community land trusts, limited equity partnerships, and other innovative forms of ownership that reduce housing costs and create ownership opportunities for lower-income populations (Housing Action Plan, p.6-6).

In November 2024, Marin County staff applied for the MTC’s TOC Housing Policies Grant to support Bay Area jurisdiction’s compliance with TOC Housing Policies, and the MTC awarded Marin County $400,000 to explore the formation of a countywide community land trust. This work includes determining whether there is a need and support for a countywide community land trust, conducting feasibility studies, and analyzing naturally occurring affordable housing within TOCs. In order for Marin County to begin this work and receive the $400,000 grant from the MTC, the MTC requires Marin County’s TOC jurisdictions to adopt a resolution expressing their intent to participate in Marin County’s grant program and pursue policies to comply with TOC Housing Policies.

ANALYSIS:

Collaborating with the County of Marin on the formation of a community land trust is an opportunity for San Rafael to both advance its adopted Housing Element Policy H-4.5 and bring San Rafael more in compliance with the MTC’s TOC Policy, which enhances San Rafael’s eligibility for future MTC grant funds. While ultimate compliance with TOC Affordable Housing Preservation Policy 5: Public/Community Land Trusts will require an overall financial commitment of $900,000 between 2026-2030, the mere exploration of forming a countywide community land trust in no way obligates San Rafael to comply with TOC Policy. Furthermore, San Rafael can satisfy the TOC Land Trust Policy’s financial commitment through financial contributions from the County of Marin. As a result, the only cost to San Rafael of supporting the exploration of a community land trust is staff resources, which will be minimal as the County will be leading this project. Accordingly, staff recommends supporting the County’s exploration of the formation of a community land trust as this will further San Rafael’s goals of supporting home ownership opportunities for low-income residents and enhance San Rafael’s eligibility for future MTC grant funding.

COMMUNITY OUTREACH:

The City Council’s support for community land trusts emerged from the 2023 adoption of the 2023-2031 Housing Element, which was the product of an intensive public outreach program. The public outreach included three community workshops, eight Working Group meetings, eight briefings to the Planning Commission and City Council, a resident survey, a developer forum, focus groups, interviews, a youth/school program, and presentations to multiple neighborhood groups and community-based organizations.

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

There is no direct fiscal impact associated with the City Council’s adoption of the proposed Resolution outside of staff time that will be spent collaborating with Marin County staff exploring the formation of a countywide community land trust.

However, as noted above, ultimate compliance with TOC Affordable Housing Preservation Policy 5:

Public/Community Land Trusts requires San Rafael and the County of Marin to commit a total of $900,000 between 2026-2030. San Rafael’s financial contributions can come in the form of future allocations from the City’s Affordable Housing Trust Fund. That said, the mere exploration of forming a countywide community land trust in no way obligates San Rafael to comply with the TOC Policy, including committing financial resources towards a community land trust. Furthermore, San Rafael can satisfy the TOC Land Trust Policy’s financial commitment through financial contributions from the County of Marin.

Lastly, adopting the proposed Resolution will move San Rafael towards complying with MTC’s TOC Policy, which will improve San Rafael’s eligibility for future MTC grant opportunities.

OPTIONS:

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

1. Adopt the proposed Resolution.

2. Adopt the Resolution with amendments.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a Resolution in support of exploring the formation of a community land trust with the County of Marin.

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL IN SUPPORT OF

EXPLORING THE FORMATION OF A COMMUNITY LAND TRUST WITH THE

COUNTY OF MARIN AS A STEP TOWARD ACHIEVING COMPLIANCE WITH THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC'S) TRANSITORIENTED COMMUNITIES (TOC) POLICY WHEREAS, the Metropolitan Transportation Commission (MTC) adopted Resolution 4530, the Transit-Oriented Communities (TOC) Policy (TOC Policy); and WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed-guideway transit stops and stations to support the region’s transit investments and implement key GHG reduction strategies from Plan Bay Area 2050; and WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified two Tier Four Transit-Oriented Communities (TOCs) in the City of San Rafael, one surrounding the Marin Civic Center Sonoma Marin Area Rail Transit (SMART) station and the other surrounding the San Rafael Transit Center SMART station; and
WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024, the MTC announced a Call for Projects for TOC Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024, deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and
WHEREAS, the County of Marin submitted a grant application to MTC for $400,000 for TOC Affordable Housing Preservation Policy 5: Public/Community Land Trusts; and
WHEREAS, as part of the City of San Rafael’s 2023-2031 Housing Element, the City of San Rafael’s City Council adopted Policy H-4.5: Opportunities for Home Ownership, which stated: “Support home ownership opportunities for low- and moderate income first-time buyers, including cooperatives, community land trusts, limited equity partnerships, and other innovative forms of ownership that reduce housing costs and create ownership opportunities for lower-income populations.” NOW, THEREFORE BE IT RESOLVED, that the City of San Rafael commits to supporting the County of Marin’s exploration of the formation of a countywide community land trust; and
BE IT FURTHER RESOLVED, that the City of San Rafael intends to consider the adoption of relevant policies emerging from the work completed through the Community Land Trust grant to comply with the TOC Affordable Housing Preservation Policy 5:

Public/Community Land Trusts requirements.

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 special meeting of the City Council of the City of San Rafael, held on the 23rd day of June 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.g
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Alexis Captanian, Housing Manager
City Manager Approval: __________
TOPIC: ENDING GRANT AGREEMENT WITH HOMEWARD BOUND FOR 830 B STREET

AFFORDABLE HOUSING
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AS THE HOUSING

SUCCESSOR TO THE SAN RAFAEL REDEVELOPMENT AGENCY AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AMENDMENT TO TERMINATE THE GRANT

AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND HOMEWARD BOUND OF MARIN DATED MAY 4, 1998, FOR THE REHABILITATION OF 29 AFFORDABLE RESIDENTIAL UNITS AT 830 B ST, CONTINGENT UPON A RETURN OF $16,560 IN GRANT FUNDS TO THE LOW AND MODERATE INCOME

HOUSING FUND
RECOMMENDATION:

Staff recommends that the City Council adopt the above-referenced resolution authorizing the City Manager to execute an amendment to the grant agreement between the San Rafael Redevelopment Agency and Homeward Bound of Marin, dated May 4, 1998, (“Grant Agreement”) to terminate the grant agreement early due to relocation of program residents, contingent upon a return of $16,560 in grant funds to the low and moderate income housing fund.

BACKGROUND:

Homeward Bound of Marin, a nonprofit organization providing shelter and supportive housing for unhoused families and adults, has leased the upper floors of the building at 830 B Street since 1987, providing 29 units of affordable housing.

In 1998, the San Rafael Redevelopment Agency made a grant in the amount of $165,600 from the Low and Moderate Income Housing Fund to assist Homeward Bound of Marin in rehabilitating the building at 830 B Street with certain life safety system upgrades.

The Grant Agreement established occupancy and affordability restrictions for the units over a 30-year term, beginning in 1998 and ending in 2028. These affordability restrictions were recorded against the property. Homeward Bound of Marin operated the program at 830 B Street, consistent with the agreement for 27 years.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In Spring 2025, Homeward Bound of Marin vacated the building at 830 B Street, relocating residents of the program to the new permanent supportive housing at 3301 Kerner Blvd (“Casa Canal”) and the Next Key Apartments at 1385 N. Hamilton Parkway in Novato. Homeward Bound of Marin has requested to terminate the agreement at 830 B Street three years before the end of the term.

ANALYSIS:

The grant from the Redevelopment Agency’s Low and Moderate Income Housing Fund was provided to make upgrades to the property in exchange for a 30-year restriction on occupancy and affordability.

While the City does not typically terminate affordability covenants before the end of their term, staff recommend granting an early termination in this case given that: 1) The agreement was signed by the lessee, not the property owner of 830 B Street; 2) Homeward Bound of Marin operated the program at 830 B Street consistent with the agreement for 27 years; 3) Homeward Bound of Marin successfully relocated the residents of the program at 830 B Street to other supportive housing in Marin.

To terminate the agreement early, a prorated amount of the grant needs to be returned to the Low and Moderate Income Housing Fund. In 2025, the required refund is sixteen thousand five hundred and sixty dollars ($16,560). This is equal to $5,520 per year for the remaining three years of the term.

FISCAL IMPACT:

Terminating the agreement early and accepting a prorated refund of the grant based on the three years remaining in the 30-year term would result in a refund of $16,560 to be deposited in the Low and Moderate Income Housing Fund (495).

OPTIONS:

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

1. Adopt the resolution (Staff’s recommended action).

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the above-referenced resolution authorizing the City Manager to execute an amendment to the grant agreement between the San Rafael Redevelopment Agency and Homeward Bound of Marin, dated May 4, 1998, (“Grant Agreement”) to terminate the grant agreement early due to relocation of program residents, contingent upon a return of $16,560 in grant funds to the low and moderate income housing fund.

ATTACHMENTS:

1. Resolution

2. Draft First Amendment
RESOLUTION NO. _______

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AS THE HOUSING

SUCCESSOR TO THE SAN RAFAEL REDEVELOPMENT AGENCY AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AMENDMENT TO TERMINATE THE GRANT

AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND HOMEWARD BOUND OF MARIN DATED MAY 4, 1998, FOR THE REHABILITATION OF 29 AFFORDABLE RESIDENTIAL UNITS AT 830 B ST, CONTINGENT UPON A RETURN OF $16,560 IN GRANT FUNDS TO THE LOW AND MODERATE INCOME

HOUSING FUND
WHEREAS, the San Rafael Redevelopment Agency (the “Agency”) set objectives for affordable housing in accordance with the Amended and Restated Redevelopment Plan (the “Agency Plan”) for the Central San Rafael Redevelopment Project Area; and WHEREAS, to serve the objectives of the Agency Plan, the Agency assisted in the rehabilitation of housing for low and lower income households; and WHEREAS, the Agency established a Low and Moderate Income Housing Fund (the “Fund”) pursuant to Health and Safety Code Section 33334.3; and WHEREAS, Homeward Bound of Marin, a non-profit organization, leased twentynine (29) residential units located at 830 B Street and within the area governed by the Agency Plan, providing housing affordable to low and lower income households; and WHEREAS, in 1998, the Agency made a grant in the amount of one hundred sixty five thousand, six hundred dollars ($165,600) (the “Grant”) from the Fund to assist Homeward Bound of Marin in rehabilitating the building located at 830 B Street with certain life safety system upgrades (“Project”) pursuant to an agreement between the Agency and Homeward Bound of Marin dated May 4, 1998 (“Grant Agreement”); and WHEREAS, pursuant to San Rafael Redevelopment Agency Board Resolution No. 98-16, the Grant Agreement set forth occupancy and affordability restrictions for a period of 30 years ending in 2028; and
WHEREAS, Homeward Bound of Marin operated the Project consistent with the Grant Agreement for 27 years; and
WHEREAS, in early 2025, Homeward Bound of Marin vacated the building at 830 B Street, relocating residents of the program to the new permanent supportive housing at 3301 Kerner Blvd (“Casa Canal”) and the Next Key Apartments at 1385 N. Hamilton Parkway in Novato; and
WHEREAS, Homeward Bound of Marin has requested to terminate the Grant Agreement at 830 B Street three years before the end of the term; and WHEREAS, the prorated grant amount for the remaining three years of the term is equal to sixteen thousand, five hundred and sixty dollars ($16,560), or five thousand, five hundred and twenty dollars ($5,520) per year; and
WHEREAS, pursuant to state law, the Agency was dissolved and pursuant to Resolution No. 13279 the City of San Rafael elected to retain the authority to perform the Agency’s housing functions.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute an amendment to the Grant Agreement to terminate the Grant Agreement, subject to a return of $16,560 in grant funds to the Low and Moderate Income Housing Fund.

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 special meeting of the City Council of the City of San Rafael, held on Monday, the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk

FIRST AMENDMENT TO THE GRANT AGREEMENT BY AND BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND HOMEWARD BOUND OF MARIN DATED MAY 4, 1998 This First Amendment to the Grant Agreement by and Between the San Rafael Redevelopment Agency (“Agency”) and Homeward Bound of Marin by and between the City of San Rafael as the Housing Successor to the San Rafael Redevelopment Agency (“City”) and Homeward Bound of Marin (“Grantee”), is made and entered into as of _____________(“EƯective Date”).

Recitals
WHEREAS, in 1998, the Agency made a grant in the amount of one hundred sixty five thousand, six hundred dollars ($165,600) (the “Grant”) from the Fund to assist Homeward Bound of Marin in rehabilitating the building located at 830 B Street with certain life safety system upgrades (“Project”) pursuant to an agreement between the Agency and Grantee dated May 4, 1998 (“Grant Agreement”); and
WHEREAS, Grantee, a non-profit organization, leased twenty nine (29) residential units located at 830 B Street, providing housing aƯordable to low and lower income households; and
WHEREAS, pursuant to Agency Board Resolution No. 98-16, the Grant Agreement set forth occupancy and aƯordability restrictions for a period of 30 years ending in 2028; and WHEREAS, Grantee operated the Project consistent with the Grant Agreement for 27 years; and
WHEREAS, in early 2025, Grantee vacated the building at 830 B Street, relocating residents of the program to the new permanent supportive housing at 3301 Kerner Blvd and the Next Key Apartments at 1385 N. Hamilton Parkway in Novato; and WHEREAS, Grantee has requested to terminate the Grant Agreement at 830 B Street three years before the end of the term; and
WHEREAS, the prorated grant amount for the remaining three years of the term is equal to sixteen thousand, five hundred and sixty dollars ($16,560), or five thousand, five hundred and twenty dollars ($5,520) per year; and .

WHEREAS, pursuant to state law, the Agency was dissolved and pursuant to Resolution No. 13279 the City elected to retain the authority to perform the Agency’s housing functions; and
WHEREAS, the City and the Grantee hereby desire to terminate the Grant Agreement as follows:

Amendment to the Agreement
The Parties to this Amendment hereby agree to terminate the Grant Agreement subject to the following terms and conditions:

1. Repayment of Pro-Rated Grant Amount. Within 3 business days of the EƯective Date, Grantee shall pay to the City of San Rafael the amount of $16,560 (sixteen thousand, five hundred, sixty dollars) (“Payment”). Payment shall be made via check made out to the City of San Rafael and delivered to the City’s Housing Manager or her designee, unless the City’s Housing Manager agrees in writing for the Payment to be made in another form.

2. Termination of the Grant Agreement. Upon the City’s receipt of the full amount of the Payment, the Grant Agreement shall be deemed terminated upon mutual agreement without any further action necessary, except for those provisions of the Grant Agreement that are specified to survive termination of the Grant Agreement.

The Parties agree to take further actions as may be necessary or incidental to eƯectuating the intent of this First Amendment.

3. Counterparts; Multiple Originals. This First Amendment may be executed in counterparts. This First Amendment may be executed in multiple originals, each of which is deemed to be an original.

Signatures to follow on the next page
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day, month and year first above written as the EƯective Date.

CITY OF SAN RAFAEL:

_________________________________

CRISTINE ALILOVICH, CITY MANAGER

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

_________________________________
BY: ANDREA VISVESHWARA,

CHIEF ASSISTANT CITY ATTORNEY

ATTEST:

CITY CLERK

_________________________________

LINDSAY LARA, CITY CLERK
GRANTEE:

__________________________________
BY: ____________________________
NAME: ____________________________
TITLE: ____________________________

[IF GRANTEE IS A CORPORATION, ADD

SIGNATURE OF SECOND CORPORATE
OFFICER]

__________________________________
BY: ____________________________
NAME: ____________________________
TITLE: ____________________________

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.h
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public Works
Bernadette Sullivan, Senior
Management Analyst II
City Manager Approval: ________
TOPIC: LOCH LOMOND 10 - MELLO-ROOS DISTRICT NO. 1992-1 SPECIAL TAX SUBJECT: RESOLUTION SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10) FOR FISCAL YEAR 2025-26
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year (FY) 2025-26 for Community Facilities District No. 1992-1 (Loch Lomond #10).

BACKGROUND:

Loch Lomond #10 is a community facilities district (commonly referred to as a “Mello-Roos” district) located on the Pt. San Pedro Peninsula, north of Point San Pedro Road. The community facilities district comprises 28 home parcels and one open space parcel, which borders China Camp State Park open space.

The community facilities district was established in the early 1990s, concurrent with the area's development, and in part to provide funding for mitigating the drainage impacts and concerns arising from the development of the surrounding Loch Lomond community. This was extensively documented in the Environmental Impact Review (EIR) documents, comments, and subsequent approvals for the original subdivision. The District was created to have three funds with which to maintain and operate the storm drain system and insure against damage from potential landslides. These functions were defined in the formation of Community Facilities District No. 1992-1 and passed by resolution #8839 by the City Council on March 1, 1993. The three funds and purposes are as follows:

1. Self-Insurance Fund: The original developer contributed $500,000, which established the fund to cover the amount of the City’s insurance deductible should a landslide occur in the watershed above the District.

2. Sinking Fund: Provides for long-term capital replacement of drainage infrastructure and facilities as the original may fall into disrepair.

3. Maintenance Fund: Provides for maintaining drainage facilities within the Loch Lomond 10 boundary, including annual cleaning of drainage structures, administrative staff time, monitoring structures during storm events, and cleaning facilities as required during storm events.

Annual special tax revenues are divided between the Sinking Fund and the Maintenance Fund.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Engineer recommends continuing the assessment without change. The Sinking Fund Assessment for FY 2025-26 Assessment will remain at $188.44. Since 2018, the City and homeowners have worked together on determining the annual maintenance plan for the District. The City sends the Homeowners Association (HOA) regular reports and updates on maintenance activities in the District, and the HOA provides the City with feedback and direction on where they would like maintenance activities directed.

FINANCIAL ANALYSIS:

Assessment District Expenditures:

City Maintenance and Vegetation Management Services $18,000 Landscaping Service (Crane for clearing brush) $8,000
County Administrative Fees $80
Basin Safety Improvement Design $15,000
Total District Expenditures: $41,080
It is important to note the City may only seek reimbursement for staff time from the Special District based on what is available in the Maintenance Fund. The City staff time expense is an estimate, but in general, the City provides more expense-eligible services than the District has funds.

FISCAL IMPACT:

All district financial activities are within Fund #236. The Department of Public Works intends to utilize the full amount of maintenance funds available each year for contracted maintenance activities and the remainder to reimburse City staff time within the allowable and intended use of District funds.

The Sinking Fund is designated for future capital replacement costs that are not included in routine annual maintenance. As of June 30, 2025, the fund balance stands at $51,304. For FY 2025-26, a contribution of $188.44 per parcel will add an additional $5,123 to the current balance. The fund is projected to reach $56,427 by the end of this fiscal year, excluding any expenditures for capital repairs that may arise during the 2025-26 fiscal year.

The Loch Lomond #10 Self-Insurance Fund is reserved to cover deductibles and claims. The fund balance is projected to be $831,164 at the end of FY 2025-26, which is the accumulated interest in addition to the $500,000 contribution from the original developer.

OPTIONS:

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

1. Adopt the resolution as presented, levying the full special tax for Loch Lomond 10 – Mello-Roos District No. 1992-1 for Fiscal Year 2025-26.

2. Do not adopt the resolution as presented. Provide direction to staff to make changes to recommended future actions.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year (FY) 2025-26 for Community Facilities District No. 1992-1 (Loch Lomond #10).

ATTACHMENTS:

1. Resolution setting the District Tax for Fiscal Year 2025-26 at $1,155.50 per parcel

2. Annual Engineer’s Report for Loch Lomond #10 CFD

3. Annual Engineer’s Report Part C: Assessment Roll

4. Annual Engineer’s Report Part E: Owners List
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10) FOR FISCAL YEAR 2025-26
WHEREAS, the City Council of the City of San Rafael by Resolution No. 8839 formed “Community Facilities District No. 1992-1, (Loch Lomond #10), City of San Rafael, County of Marin, State of California,” (hereafter “CFD 1992-1”); and
WHEREAS, the landowners of CFD 1992-1 voted in a mail ballot election called by the City Council by Resolution No. 8840, and unanimously approved the imposition of a special district tax, as declared in Resolution No. 8841; and
WHEREAS, on March 9, 1993, the City of San Rafael prepared and caused to be recorded a “Notice of Special Tax Lien” for all of the parcels within CFD 1992-1, which included the facilities and services to be funded by the tax, and method for establishing a rate and calculating the apportionment of the tax; and
WHEREAS, on July 17, 1995 the City Council adopted Ordinance No. 1683 levying special taxes within CFD 1992-1; and
WHEREAS, Ordinance No. 1683 provides that the special tax rate will be set annually by resolution subject to the maximum authorized by Resolution No. 8839; and WHEREAS, the Department of Public Works is recommending the amount of the special taxes to be assessed in FY 2025-26 as $188.44 for the Sinking Fund and $967.06 in the Maintenance Fund – totaling $1,155.50; and
WHEREAS, the City Council wishes to set the specific tax rate to be imposed on the parcels within CFD 1992-1 in fiscal year 2025-26.

NOW THEREFORE BE IT RESOLVED that the City Council of San Rafael hereby sets the special tax for Community Facilities District No. 1992-1 (Loch Lomond #10) at $1,155.50 per parcel for FY 2025-26, excepting exempt Assessor Parcel Nos. 16-330-12,13,14, as provided in the Assessment Roll for fiscal year 2025-26 on file with the City Clerk and incorporated herein by reference.

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 special meeting of the City Council of said City held on Monday the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR
LOCH LOMOND #10

MELLO-ROOS
COMMUNITY FACILITIES DISTRICT 1992-1
2025 – 2026
Prepared for

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 23, 2025
Prepared By:

City of San Rafael

ENGINEER'S ANNUAL REPORT
2025-2026
LOCH LOMOND DISTRICT #10

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
Mello-Roos Community Facilities District
The undersigned respectfully submits the enclosed annual report as directed by the City Council.

DATED: ____________, 2025.

JOANNA KWOK, City of San Rafael, City Engineer
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the ____________________ day of ___________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on __________, 2025 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the ___________________ day of ___________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Marin on the ____________________ day of ____________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________

ENGINEER'S ANNUAL REPORT
2025-2026
LOCH LOMOND DISTRICT #10

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
Mello-Roos Community Facilities District
April Miller, Director of Public Works, Engineer of Work for Loch Lomond #10 District, City of San Rafael, Marin County, California, makes this annual report, as directed by the City Council, by its Resolution No. ___________, adopted ______________, 2025.

The improvements which are the subject of this report are briefly described as follows:

The District was created to have three funds of money with which to maintain and operate the storm drain system and insure against damage from potential landslides.

The three funds are defined as a maintenance fund, a sinking fund and insurance reserve fund. These functions were defined in the formation of Community Facilities District No. 1992-1 and passed by resolution #8839 by the City Council Meeting on March 1, 1993. The resolution and formation of the District was meant to be a mitigation for potential impacts to the downstream drainage facilities from the development of the 28 lots which encompass Loch Lomond #10 District.

Maintaining drainage facilities within the Loch Lomond #10 boundary to include annual cleaning of drainage structures, monitoring structures during storm events, cleaning facilities as required during storm events. Provide a sinking fund to provide monies to replace facilities as those facilities fall into disrepair. Lastly provide a fund to provide $500,000 plus accumulated interest to provide the deductible amount of the City’s insurance should a landslide occur in the watershed above the District.

This report consists of six parts, as follows:

PART A – Plans and Specifications: These plans include the Improvement As-Built Plans prepared by Oberkamper and Associates and dated March 4, 1996. These items are filed with the City Clerk.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B - An Amended Estimated Cost of the Community Facilities District.

PART C - Assessment Roll - An assessment of the estimated cost of the improvement on each benefited parcel of land within the Community Facilities District.

PART D - Method of Apportionment of Assessment - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - List of Property Owners - A list of the names and addresses of the owners of real property within this Community Facilities District, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit "C" by assessment number.

PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this Community Facilities District. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
By ______________________________________
Joanna Kwok, City of San Rafael, City Engineer
PART A

INTRODUCTION, HISTORY, AND PURPOSE:

In 2017 the residents of Loch Lomond District 10 requested that the City review the expenditures and provide an accounting of the finances of the Community Facilities District No. 1992-1, also known as the Loch Lomond #10 (“LL 10”) District. The residents also requested that the City review the maintenance schedules which the City had provided on behalf of the District. Through research and discussion with City staff, the HOA Board, residents and consulting staff, a clearer picture of the funding available in each of the three spending tranches identified in the formation documents (maintenance fund, sinking fund, and insurance reserve fund) has been identified. The funding to support the maintenance of the District is very limited and does not cover the annual cost to maintain and repair the system. Given the limited funding that the District generates, the finances of the District are insufficient to fund the level of service and repair of the infrastructure. Therefore, this report identifies the minimum work required to maintain the storm water system and fire/maintenance access roads within the district. The City intends to continue to use district funding to maintain the LL10 District and will use additional City storm water funding as it may be available to supplement the maintenance costs.

The City has actively and regularly maintained the system by performing pre-storm inspections and performing needed maintenance of the drainage facilities since the District was formed. Interviews with current maintenance staff verify that facilities within the LL10 District were maintained on an annual basis (pre-storm) and as needed before, during, and after storm events throughout each rainy season. In addition, since the District’s formation in 1993 there have been sporadic, as-needed repairs of the system (particularly the debris basins 2 and 3 above Las Casas) as a result of storm damage and/or silt and debris accumulation. In general, the overall storm drain system has performed well given the fact that it has been in place for over 30 years. The condition of the overall system is evidence that the City has performed regular maintenance on the system. The regular maintenance notwithstanding, there have been a number of major storm events which have required repairs of facilities within the watershed, particularly the debris basins. In recent years the City has often had to clean debris and silt after, and in some cases during storm events to maintain the function of the two major basins above Las Casas Drive.

The District was formed, in part, to mitigate the impacts of the development on the surrounding community. This was extensively documented in the EIR documents, comments on the Draft EIR, and the subsequent approvals. The final conditional approval of Loch Lomond #10 required the District to be formed. The work required of the District was laid out in the three categories shown below. Preliminary estimates of maintenance cost were stated, as well as the contribution to the sinking fund.

The District was formed to provide financing for 3 specific items:

1. Annual and periodic maintenance of the storm drain system and fire access/maintenance roads.

2. A Sinking Fund which provides long term capital replacement of the infrastructure.

3. A $500,000 amount to reimburse the city in the event the City’s insurance was tapped and the City would be required to use the $500,000 deductible to satisfy a claim.

COVERED FACILITIES:

The District was formed to provide a source of funding for ongoing maintenance and capital replacement of storm water improvements within the District and to provide funding for the PART A

deductible portion of the City’s insurance policy to cover potential damage from slides and rain events within the open space known as Parcel A. Parcel A is owned as open space by the 27 lots and three condominiums within the boundary of Loch Lomond #10 as well as to maintain the storm water systems integrated into the 28 parcels within the District. Note that one of the 28 lots (lot 9, specifically) has been further subdivided into three below market (BMR) units.

The Loch Lomond #10 area drains into two distinct drainage systems maintained by the City of San Rafael. The larger westerly watershed includes 10 lots and three BMR units mostly off the extension of Las Casas Drive. The second, eastern watershed is located above Manderly Road on the extension of Inverness Drive and includes the remaining 17 lots and drains to three culverts (two 18 inch and one 24 inch) which cross Manderly Road.

The westerly watershed is significantly larger and includes areas both inside the District as well as areas beyond the District boundary and owned by other private parties and the City of San Rafael as open space. The watershed is approximately 111.3 acres including private lots and City Open Space upstream and outside the District Boundary, and Loch Lomond #10 Open Space and the 11 lots within Loch Lomond #10. The easterly watershed includes approximately 21.2 acres all of which are within the District boundary.

Within the district there are approximately 2,855 feet of storm drain culverts, 762 feet of v-ditches, 27 catch basins, inlets and manholes, 2 outlet structures and 6 headwalls according to the Engineer’s estimates provided with the subdivision improvements. The City typically maintains storm drain lines draining major watersheds, pipes, catch basins and manholes with the street or public rights-of-way, and catchment/debris basins. Within the Loch Lomond #10 District, the City also maintains the local v-ditches and swales and other smaller private drainage systems on private property as directed in the formation of the District.

MAINTENANCE COSTS
The maintenance costs of the District were estimated by Mr. Lloyd Strom in 1992 to be $36,140 per year. City Council Resolution 8839 states that “except where other funds are otherwise available, a special tax sufficient to pay for such facilities and services, will be annually levied within CFD 1992-1”, and City Council Resolution 8243 clearly states that “maintenance shall be funded by the Community Facilities District.” However, the tax rate developed at the time the Community Facilities District was established does not cover the cost of the maintenance needs of the district. The anticipated maintenance included: cleaning silt basins, maintaining access/fire roads, cleaning the storm drain system (pipes, boxes and v-ditches) and replacing debris fences.

Based on a discussion between consultants and staff, the City used an updated maintenance plan to include annual pre-season inspection and cleaning, observation of the drainage system, observation and cleaning as necessary for large storms during the season (assumed two per year), a 15-year schedule to provide minor repairs to the main water course ditch and pipe systems, a 3-year schedule to remove brush and vegetation within the main open swales, a once-in-5-years access road maintenance schedule for 1,952 feet of roads, and three-year schedule for removal of accumulated silt in the catchment basins. It should be noted that small concrete v-ditches and minor swales elsewhere in the City are maintained by the individual property owner consistent with the City’s policy. The original annual maintenance cost for the District was budgeted at $37,512. The details of this budget are shown below.

PART A

Prior Year’s Activities
Consult prior years’ Engineer Reports for corresponding status details.

Activities for 2024-2025
The City continues to prioritize maintenance of the storm drain system and fire management efforts.

Regular fall and spring maintenance includes checking and clearing debris from the drainage system and annual mowing, cutting, and removal of vegetation to reduce fire risk. This year, the City began working with Forester & Kroeger (F&K) to support drainage infrastructure maintenance, and vegetation management work is also performed on an as-needed basis throughout the year.

An overview of the three components of the District funds follows:

Self-Insurance Fund: Provides a fund balance of $500,000 plus accumulated interest to cover the deductible amount of the City’s insurance should a landslide occur in the watershed above the District. The balance in this fund is $831,164and no contributions are necessary at this time.

PART A

Sinking Fund: Provides for long term capital replacement of drainage infrastructure and facilities as the original may fall into disrepair. The balance in this fund is $51,304. The District is allowed to collect a small portion of the overall annual assessment for this use. As shown in part D, the 2025- 2026 contribution will be $188.44 per parcel for an additional $5,123 to add to the current balance.

The balance in the fund should be $56,427less any amount paid to repair capital improvements which might occur in the 2025-2026 fiscal year.

Maintenance Fund: Provides for maintaining drainage facilities within the Loch Lomond 10 boundary to include annual cleaning of drainage structures, monitoring structures during storm events, and cleaning facilities as required during storm events. The District is allowed to collect increasing assessments for this use. As shown in part D, the 2025-2026 contribution will be $967.06 per parcel for an additional $26,110.62 to be available for the coming fiscal year.

As noted above, the City continues to provide maintenance for Loch Lomond District #10, recognizing the funds provided by the District are inadequate. While the current residents and Board have not expressed interest in increasing the contribution to the maintenance or sinking funds, the documents forming the District allowed for annual increase to be based on the Consumer Price Index or Personal Income Growth for maintenance and 2% annual increases for the sinking fund.

For the 2024-2025 season the District is increasing the assessments as shown in Part D.

The City is exploring a drainage basin access design that includes a catwalk structure to enhance worker safety and ensure reliable access during future weather events. The engineer has recommended that the district begin planning for this improvement by setting aside funding in the coming years to support further exploration and design development.

PART B

ESTIMATE OF COSTS

District Status:

Total Estimated Fund Balance June 30, 2024 (per 2024-25 report) $831,666 Adjustment to match Estimated funds to Actual City Records $471 Actual Available Funds on July 1, 2024 $832,137
ASSESSMENT DISTRICT ACTIVITY 2024-2025:

Assessment District Revenues:

Assessment District Proceeds $31,199
Interest $32,181
Total District Revenues: $63,380
Assessment District Expenditures:

City Maintenance and Vegetation Management Services $10,975 Landscaping Services (Crane for clearing brush) $0
City Administration (Annual Report) $2,000
County Administrative Fees $74
Total District Expenditures: $13,049
Total Projected Available Funds on July 1, 2025 $882,468 PROJECTED ASSESSMENT DISTRICT ACTIVITY 2025-2026:

Assessment District Revenues:

Assessment District Proceeds $31,198
Interest $33,147
Total District Revenue: $64,345
Assessment District Expenditures:

City Maintenance and Vegetation Management Services $18,000 Landscaping Service (Crane for clearing brush) $8,000
County Administrative Fees $80
Basin Safety Improvement Design $15,000
Total District Expenditures: $41,080
Estimated Unallocated Funds: $23,265
Assessment District Fund Balances:

Sinking Fund Balance on July 1, 2024 $51,304
Sinking Fund Contribution for FY 2025-2026 $5,123
Self-Insurance Fund Balance on July 1, 2024 $831,164
Unallocated $18,142
Total Projected Available Funds on June 30, 2026: $900,610 PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll)

See attachment titled “Part C – Assessment Roll.”
Each parcel is as shown on the maps of the County Assessor of the County of Marin.

Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch Lomond #10, recorded in Book 21 of Maps at Page 21, Marin County Records.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

ORIGINAL APPORTIONMENT
There are 27 single family dwelling units and 3 below market rate units that were a further tax division of lot 9 in the original subdivision existing within the Community Facilities District boundary.

Each of the single family dwelling unit lots are assessed for equal portions of the total assessment.

And Lot 9 is assessed zero.

This assessment is exempt from the procedures and requirements of the (recently enacted Proposition 218) California Constitution, Article 13D, Section 4 pursuant to the exemption contained in Article 13D, Section 5(d) [previously majority voter approval or] Section 5(b) [petition signed by persons owning all the property]. The benefits are entirely special benefits and there are no general benefits. Additionally, the proposed assessment is within the limits of that allowed by the annual increases.

Assessment Parcels 1 through 8, 10 through 28, are each assessed 1/27 of the total assessment.

Assessment Parcel 9-1, 9-2, 9-3, 29, and 30 each have zero ($0.00) assessment.

The following changes were made to the Assessment Rolls and Assessment Diagram in 1993, although do not appear to have been noted in the Annual Engineer’s Reports. Mapping Changes at the Marin County Assessor's Office are noted as follows:

Our office contacted the Marin County Assessor's Office due to obvious changes to the Assessor's Parcel Maps for the Loch Lomond #10 development. According to information received from Mapping Department staff, in calendar year 1993 a change was made to Parcel 9 splitting it into 3 APNs to accommodate the special status of the ownership of that lot. (see map below) PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

2024-2025 ASSESSMENT CALCULATIONS
Applying the method outlined the following increases are allowed:

Maintenance:

Original Assessment $225/unit
Personal Income Index 1992 28,789
Personal Income Index 2022 (latest available) 123,736

Factor 123,736 / 28,789= 4.298
2025-2026 Maintenance Assessment (4.298) x $225 = $967.06 Sinking Fund:

Original Assessment $100 / unit
33 years at 2%, current assessment $188.44 / unit
TOTAL PROPOSED ASSESSMENT 2024-2025 $1,155.50 per unit
Total Available Funds (27 units) $31,198
NOTE: Per Capita Personal Income in San Francisco-Oakland-Hayward, CA (MSA): U.S.

Bureau of Economic Analysis, Per Capita Personal Income in San Francisco-OaklandHayward, CA (MSA) [SANF806PCPI], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/SANF806PCPI, February, 2025.

PART E

LIST OF PROPERTY OWNERS

See attachment titled “Part E – List of Property Owner.” PART F

ASSESSMENT DIAGRAM

The original Assessment Diagram is no longer available in the City’s files. The following represents the current District Engineer’s best re-creation of the Assessment Diagram likely used to form the District. It is based on the Record Map of Loch Lomond #10 prepared by Oberkamper & Associates Map Recorded May 27, 1993, in Book 21 of Maps, at Page 21 and the Assessment Diagram used for the Pt. San Pedro Road Median Landscaping Assessment District.

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT

PROPERTY

DESCRIPTION

ASSESSOR'S PARCEL
NUMBER
1 $1,155.50 1 016-330-01
2 $1,155.50 2 016-330-02
3 $1,155.50 3 016-330-03
4 $1,155.50 4 016-330-04
5 $1,155.50 5 016-330-05
6 $1,155.50 6 016-330-06
7 $1,155.50 7 016-330-07
8 $1,155.50 8 016-330-08
9-1 $0.00 Portion of 9 016-330-12
9-2 $0.00 Portion of 9 016-330-13
9-3 $0.00 Portion of 9 016-330-14
10 $1,155.50 10 016-330-10
11 $1,155.50 11 016-330-11
12 $1,155.50 12 016-321-04
13 $1,155.50 13 016-321-03
14 $1,155.50 14 016-321-05
15 $1,155.50 15 016-321-01
16 $1,155.50 16 016-321-02
17 $1,155.50 17 016-321-06
18 $1,155.50 18 016-321-07
19 $1,155.50 19 016-321-08
20 $1,155.50 20 016-321-09
21 $1,155.50 21 016-321-10
22 $1,155.50 22 016-322-01
23 $1,155.50 23 016-322-02
24 $1,155.50 24 016-322-03
25 $1,155.50 25 016-322-04
26 $1,155.50 26 016-322-05
27 $1,155.50 27 016-322-06
28 $1,155.50 28 016-322-07
29 $0.00 Parcel A 186-520-19
30 $0.00 Parcel B 186-520-20
TOTAL
ASSESSMENT $31,198.50
PART C

ASSESSMENT ROLL

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.i
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director
Jonathan Schellin, Deputy Director
City Manager Approval: ___________
TOPIC: THE VILLAGE AT LOCH LOMOND MARINA – MELLO-ROOS DISTRICT NO. 2 SUBJECT: RESOLUTION SETTING THE SPECIAL TAX FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (THE VILLAGE AT LOCH LOMOND MARINA) FOR FISCAL YEAR 2025-26
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year (FY) 2025-26 for Community Facilities District No. 2 (The Village at Loch Lomond Marina).

BACKGROUND:

In August 2007, the City granted land use and subdivision approvals for the Village at Loch Lomond Marina development. The Loch Lomond development project is a mixed-use development that includes the construction of single-family homes, flats, townhomes, commercial facilities, and the existing marina.

The project originally included the approval of 81 residential units, 17 of which were below-market units.

In 2020, the developer and City reached an agreement on an in-lieu fee for six of the below-market units, leaving 11 below-market units in the District at present.

As one condition of approving the project, the City required the developer, Marina Village Associates (MVA), to provide certain park and recreation improvements and to impose a special tax on homes in the development to pay for the maintenance of the landscaping, streets, sidewalks and wetland monitoring.

By adoption of Resolution No. 13014 on July 19, 2010, the City Council officially formed the community facilities district, which included all the parcels within the Village at Loch Lomond Marina Subdivision, as “City of San Rafael Community Facilities District No. 2”, according to the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311 - 53368.3). It should be noted that the residential Below Market Rate (BMR) units within the District are exempt from the annual special tax.

The facilities to be maintained by the Loch Lomond #2 CFD include:
• The marina green and boardwalk
• Kayak launch
• Park play equipment and area
• Pedestrian pathways along the west jetty/spit and east jetty/spit • Viewing areas along the west jetty/spit, east jetty/spit • Public restrooms (2), one on the east jetty/spit and one at the entrance to the breakwater SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Fishing cleaning station located near the entrance to the breakwater • Park and informational signs within these areas
• Lawn/turf, shrubs and ground cover, irrigation systems, stormwater drainage inlets within the boundaries of the area, lighting pole standards, and fixtures above the foundation, benches, trash receptacles, and bicycle racks
• Conservation/seasonal wetland area
• Roadways and sidewalks
While some of these facilities require regular maintenance (e.g., landscaping and restroom maintenance), others will require a buildup of reserves over a longer period to fund future repairs or reconstruction (e.g., playground structure, roads, pedestrian pathways).

The special tax has two components:

1. Capital Reserve
A portion of the annual assessment is set aside to fund larger, long-term capital improvements, such as the eventual replacement of pavement, curb and gutter, roadway, and other improvements that were constructed as a part of the development. At the end of the useful life of these large-scale public improvements, enough funds need to have been accumulated to replace them – e.g., resurfacing the access road, etc.

As of June 30, 2025, the Capital Reserve Fund is projected to have a fund balance of $718,154, and an additional $238,600 will be added this upcoming year. As shown in Part B of the Engineer’s Report, at the end of FY 2025-26, the fund balance is anticipated to be $956,754 before unforeseen distributions in FY 2025-26.

2. Annual Maintenance
To enhance the overall appearance of the marina and surrounding areas, the City procured new landscaping services. Enhancements implemented during the reporting period included tree pruning, removal of invasive French broom, and general vegetation management. Routine irrigation improvements were also carried out, and annual turf aeration was added to the standard scope of work. Landscape maintenance was conducted by the Gardeners’ Guild, with portions of the tree pruning and planting work completed by West Coast Arborists.

Janitorial services were also addressed during the reporting period. Due to consistent underperformance and resident complaints, the City terminated its agreement with the original cleaning vendor. In collaboration with the Strand Home Owner Association and combined representative group from local business owners and the HOA, a new contractor, Safe Harbor, was selected to maintain restrooms and surrounding facilities at an appropriate service level. The new contract emphasizes consistent service delivery, regular staff monitoring, and monthly invoicing. Reporting is supported by both internal quality checks and community member input submitted via SeeClickFix.

Additional maintenance accomplishments included refurbishing benches, repairing lights, and repainting the restroom facilities following incidents of vandalism. Routine maintenance of the pit toilet facilities also continued throughout FY 2024–25, with pumping services coordinated one to two times per month based on direct notice from the Strand Homeowners’ Manager.

The special tax was first levied during FY 2017-18, based upon the progress being made on the construction of the subdivision improvements. Funds needed to be available for annual maintenance SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
once the public improvements were turned over to the City and to start funding the Capital Reserves, as the improvements, although not yet accepted by the City, were already being used by residents and the public.

However, various construction delays resulted in Marina Village Associates, LLC, not completing the improvements that year as anticipated. Various punch lists were provided to the developer, and on February 15, 2022, the City accepted the landscaping and streets, drainage, and other facilities except for the Central Jetty Park, adjacent parking and restroom, and the Breakwater connector, adjacent parking, and restroom. Since then, the Breakwater Access Trail and East Jetty Park have been almost completed, and the restrooms have been opened.

ANALYSIS:

The FY 2025-26 Engineer’s Report recommends the District assess properties in the District at an amount of $2,660.34 per residential unit. However, an assessment that contributes to the capital reserve fund will be levied at the full amount, as the facilities must be eventually replaced based on their anticipated useful life.

This year, the Engineer recommends that the annual assessment stay flat while the District conducts a capital reserve study to better assess the future reserve requirements for the District. Based on the previous year’s expenses and the estimated costs for the services under contract, the Engineer recommends that the District maintain the same assessment for FY 2025-26 from FY 2024-25 as calculated in the Engineer Report. This will allow the District to assess if the required maintenance will be covered by the current assessment level or if additional increases will be needed in the following years.

Proposed Assessments for the year 2025-26:

Residential $2,660.34 per residential unit
(70 residential units: 70 x $2,660.34 = $186,223.80)
Non-Residential $1.24 per square foot of non-residential floor area (22,250 ft2 non-residential: 22,250 x $1.24 = $27,590
Marina $80,943.46 Lump Sum
$294,757 Total Anticipated Revenue for the year 2025-26 The FY 2025-26 assessment will generate $294,757.26 in revenues. The amount of the Capital Reserve currently stands at $718,154, and an additional $238,600 will be added next year. The District will budget $222,244 towards the Annual Maintenance needs, which is supplemented with contingency funds to cover the difference between expected revenue and the planned maintenance expenditures as follows:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
FY 2025-26 Projected Expenses
Janitorial Contract Services $27,700
Landscaping Contract Services $60,172
City Staff Time $30,000
County Administrative Fees $140
Utilities $38,000
Pit Toilet Pumping / Servicing $5,232
Island Enhancement / Renovation $30,000
Restroom Painting / Update $5,000
Upland Area Maintenance Work $8,000
Trash Receptacle Replacements $10,000
Capital Reserve Fund Study $5,000
Electrical Investigative Work for Lighting $3,000
Total District Expenditures: $222,244
The special tax is not term-based, nor does it sunset. The special tax will continue to be levied in perpetuity as specified in the formation documents.

Staff prepared a resolution for the City Council to consider imposing the required special tax for FY 2025-

26. The special taxes will be included on the County property tax bills and will be collected by the County of Marin.

FISCAL IMPACT:

The FY 2025-26 assessment will generate $294,757 in revenue required to support maintenance and capital reserves towards the new City facilities in Community Facilities District No. 2. All special tax revenues and expenditures related to the District will be maintained in the Loch Lomond Marina Assessment District Fund (fund no. 237).

OPTIONS:

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

1. Adopt the resolution as presented, setting the special tax rates for Fiscal Year 2025-26.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year (FY) 2025-26 for Community Facilities District No. 2 (The Village at Loch Lomond Marina).

ATTACHMENTS:

1. Resolution Setting the Mello-Roos Special Tax for City of San Rafael Community Facilities District No. 2 for Fiscal Year 2025-26

2. Annual Engineers Report for Loch Lomond CFD No. 2

3. Annual Engineers Report Part C: Assessment Roll

4. Annual Engineers Report Part E: Owners List
1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL SETTING THE SPECIAL TAX FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (THE VILLAGE AT LOCH LOMOND MARINA) FOR FISCAL YEAR 2025-26
WHEREAS, on July 19, 2010, the San Rafael City Council by Resolution No. 13014 formed the City of San Rafael Community Facilities District No. 2 (hereafter “CFD No. 2); and WHEREAS, the landowners of CFD No. 2 voted in a mail ballot election called by the City Council by Resolution No. 13015, and unanimously approved the imposition of a special district tax; and
WHEREAS, on August 16, 2010, the City Council adopted Ordinance No. 1886 levying special taxes within CFD No. 2; and
WHEREAS, on or about August 16, 2010, the City of San Rafael prepared and caused to be recorded a “Notice of Special Tax Lien” for all of the parcels within CFD No. 2, which specified the facilities and services to be funded by the tax and the approved method for establishing a rate and calculating the apportionment of the tax; and WHEREAS, at the request of the Director of Public Works, Joanna Kwok, City Engineer of San Rafael has prepared an Engineer’s Annual Report for Community Facilities District No. 2 for Fiscal Year 2025-26 recommending the amount of the special taxes to be assessed; and
WHEREAS, the City Council wishes to set the specific tax rate to be imposed on the parcels within CFD No. 2 in Fiscal Year 2025-26.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby sets the amount of the special tax to be imposed on all nonexempt parcels within CFD No. 2 for Fiscal Year 2025-26, as set forth in the Engineer’s Annual Report for Fiscal Year 2025-26 on file with the City Clerk and incorporated herein by reference.

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 special meeting of the City Council of said City held on Monday, the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________________
LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR
COMMUNITY FACILITIES DISTRICT NO. 2

LOCH LOMOND MARINA AND THE STRAND
2025-2026

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
June 23, 2025
Prepared By:

City of San Rafael

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx

ENGINEER'S ANNUAL REPORT
2025-2026
COMMUNITY FACILITIES DISTRICT NO. 2 LOCH LOMOND MARINA AND THE STRAND

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Mello-Roos Community Facilities Act of 1982)
The undersigned respectfully submits the enclosed annual report as directed by the City Council.

DATED: ____________, 2025.

Engineer of Work
By ______________________________________
Joanna Kwok, City of San Rafael, City Engineer
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the ____________________ day of ___________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on __________, 2024 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the ___________________ day of ___________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Marin on the ____________________ day of ____________________, 2025.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California

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ENGINEER'S ANNUAL REPORT
2025-2026
COMMUNITY FACILITIES DISTRICT NO 2 LOCH LOMOND MARINA AND THE STRAND

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Mello-Roos Community Facilities Act of 1982)
Joanna Kwok, Assistant Director of Public Works, Engineer of Work for the Community Facilities District Loch Lomond #2, City of San Rafael, Marin County, California, makes this annual report, as directed by the City Council, by its Resolution No. ___________, adopted ______________, 2025.

The improvements which are the subject of this report are briefly described as follows:

Maintenance of Improvements including streets, curbs, gutter, sidewalks, storm drain, storm inlets, street surfaces, Landscaping, street furniture, lighting, pathways, restrooms, park play equipment, picnic tables, fish cleaning stations, signage, and parking. The maintenance includes providing irrigation, paying water and utility bills as well as oversight. The improvements are also anticipated to need major capital funding in future years and a capital improvement allowance is included as part of the Community Finance District.

This report consists of six parts, as follows:

PART A – Plans for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B - An Estimated Cost of the Assessment District.

PART C - Assessment Roll - An assessment of the estimated cost of the improvement on each benefited parcel of land within the assessment district.

PART D – Rate and Method of Apportionment of Special Taxes - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - List of Property Owners - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Part "C" by assessment number.

PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
By ______________________________________

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PART A

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INTRODUCTION AND BACKGROUND INFORMATION
The Loch Lomond Project
The Loch Lomond development project (the “Project”) is a mixed-use development which will include the construction of single-family homes, townhomes and commercial facilities and will include the existing marina, which is located in San Francisco Bay. The Project is located in the City of San Rafael (“City”), off of Point San Pedro Road. It was approved by the San Rafael City Council (“City Council”) of the City in 2007, by means of a series of approvals, including Resolution 12332 (“the Approval Resolution”). As one condition of approving the Project, the City required the developer to provide certain park and recreation improvements and to provide for their maintenance by means of a special tax to be imposed by means of a Mello-Roos Community Facilities District (“CFD”). Since the approval of the Project, the developer has determined that it would be more beneficial to the property owners, and more cost-efficient if the maintenance of certain additional facilities, consisting of landscaping and street and sidewalk improvements, as well as wetland monitoring, could also be financed by means of the CFD. Collectively, the park and recreation improvements, landscaping, streets, and sidewalks and these additional facilities are referred to herein as the “Facilities.”
On June 7, 2010, the City Council adopted a Resolution of Intention to form a CFD (the “Resolution of Intention”) in accordance with the Mello-Roos Community Facilities District Act of 1982 (the “Act”). The Resolution of Intention indicated that the maintenance of the Facilities would be financed by means of a special tax imposed pursuant to the Act. The Resolution of Intention requested the preparation of this Report, directing that the report describe the facilities to be maintained and an estimate of the cost of maintaining those facilities.

For purposes of imposing a special tax to fund the maintenance of the Facilities, the development will be split into four tax categories: Residential; Non-residential; Mixed-use and Marina. As approved, the Project features 81 residential units, of which 76 units will be located in the Residential tax category and 5 units will be in the Mixed-use category, as they will be located above commercial space. Of these residential units, 11 will be below-market units, located in the residential category area. There is expected to be 22,500 square feet in the Non-residential category, which will be devoted to neighborhood commercial/retail businesses and marina-support facilities.

The Marina category contains areas serving the existing marina area, including the yacht club.

The Mello-Roos Community Facilities Act of 1982
In the Approval Resolution, the City Council determined that the Act would be an effective tool for funding the maintenance of the park and recreation improvements and conservation area. The Act provides substantial flexibility as to the range of facilities and services that can be funded and the method by which their cost can be allocated. As the financing mechanism is a special tax, and not an assessment, the costs can be allocated according to any method that is reasonable, without the need to make a specific finding of benefit to each property. The Act permits the City Council to form the CFD and allows for the owners of the property, if it is uninhabited, to vote to approve the special tax (which requires a two-thirds majority).

Purpose of the CFD Report
As directed in the Resolution of Intention, this CFD Report has been prepared and is being PART A

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx submitted pursuant to Section 53321.5 of the Act. The Act requires that this report describe the facilities to be maintained (see “Description of Facilities to be Maintained” below) Formation of the CFD
On June 7, 2010, the City Council adopted the Resolution of Intention. A map identifying the boundaries is attached as Exhibit A to this work.

On July 19, 2010 the City Council held a public hearing, as required by the Act, to hear any protests to the formation of the CFD and to consider this report. Following the public hearing, the Council adopted a Resolution of Formation and called an election to allow the qualified electors to consider the special tax to fund the services described herein. With at least two-thirds of the votes cast in favor of the special tax, the CFD was formed, and the levy of the special tax was authorized.

Description of Facilities to be Maintained
The facilities to be maintained include those specifically described in Condition 45 of the Approval Resolution:
• The Marina Green and Boardwalk
• Kayak Launch
• Park Play Equipment and Area
• Pedestrian pathways along the west jetty/spit and east jetty/spit • Viewing areas along the west jetty/spit, east jetty/spit • Public restrooms (2), one on the east jetty/spit and one at the entrance to the breakwater • Fishing cleaning station located near the entrance to the breakwater • Park and informational signs within these areas
• Lawn/turf, shrubs and ground cover, irrigation systems, storm water drainage inlets within the boundaries of the area, lighting pole standards, and fixtures above the foundation, benches, trash receptacles and bicycle racks
• Conservation/seasonal wetland area
• Roads, streets, sidewalks, and stormwater infrastructure In addition, the CFD will also maintain the common access road shown on the map attached as Exhibit D, its landscaping, lighting and sidewalk areas.

In July 2017, the San Rafael City Council approved levying the first assessment for Community Facilities District No. 2 (“CFD-2”) at the Village at Loch Lomond Marina. The CFD activity during Fiscal Year 2017-2018 was very minimal. After a number of assurances in 2017, the developer, TH Loch Lomond, LLC (“MVA”) did not finish the work to a point where the City could accept a portion of the improvements as anticipated in the beginning of Fiscal Year 2017-2018. On June 1, 2018, the City received a letter from MVA requesting an extension of the Subdivision Improvement Agreements through December 31, 2019 and, by implication, acceptance of a portion of the improvements. The City answered this letter on June 20, 2018, including a final punch list which the letter directed the developer to complete prior to August 1, 2018. The successful completion of the punch list would set the process in motion to accept the improvements, begin the warranty period, and provide a partial reduction in bond amount for the improvements.

PART A

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For previous year’s status reports consult 2024-2025 and earlier Engineer’s Reports.

June 2025 Status and Actions
In FY2024–25, the City continued its maintenance operations within the Assessment District while initiating key service improvements aimed at addressing long-standing concerns related to landscape conditions, facility cleanliness, and infrastructure upkeep. The Village Master Association and Strand Homeowners Association have remained actively engaged, with both groups expressing interest in taking a more participatory advisory role in guiding the City’s work within the District.

To enhance the overall appearance of the marina and surrounding areas, the City procured new landscaping services. Enhancements implemented during the reporting period included tree pruning, removal of invasive French broom, and general vegetation management. Routine irrigation improvements were also carried out, and annual turf aeration was added to the standard scope of work. Landscape maintenance was conducted by Gardeners’ Guild, with portions of the tree pruning and planting work completed by West Coast Arborists.

Janitorial services were also addressed during the reporting period. Due to consistent underperformance and resident complaints, the City terminated its agreement with the original cleaning vendor. In collaboration with the Associations, a new contractor, Safe Harbor, was selected to maintain restrooms and surrounding facilities at an appropriate level of service. The new contract emphasizes consistent service delivery, regular staff monitoring, and monthly invoicing. Reporting is supported by both internal quality checks and community member input submitted via SeeClickFix.

Additional maintenance accomplishments included refurbishing benches, repairing lights, and repainting the restroom facilities following incidents of vandalism. Routine maintenance of the pit toilet facilities also continued throughout FY2024–25, with pumping services coordinated one to two times per month based on direct notice from the Strand Homeowners’ Manager.

To improve service tracking and responsiveness, the City implemented enhancements to how maintenance activities are documented and monitored. This has improved the City’s ability to align field operations with community feedback and service needs more effectively.

These improvements represent a shift toward a more proactive and transparent maintenance model.

The City has prioritized consistent service provision and deeper engagement with District stakeholders to ensure operations align with evolving needs and expectations. While fiscal constraints remain, particularly due to the incomplete infrastructure turnover from the original developer, the progress made in FY2024–25 lays a strong foundation for more consistent and accountable maintenance practices in FY2025–26 and beyond.

While additional work has been completed, it appears that the level of maintenance desired by the community continues to grow and may not be sustainable at current funding levels. Requests for additional services will need to be evaluated in the context of available resources. City staff will PART A

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx continue to work closely with the Associations to discuss service priorities and determine what additional work, if any, the City can realistically commit to going forward.

This year the Engineer recommends that the annual assessment stay flat while the District conducts a capital reserve study to better assess the future reserve requirements for the District. Based on prior year’s expenses and the estimated costs for the services under contract, the Engineer recommends that the District maintain the same assessment for 2025-2026 by from the 2024-2025 FY as calculated in Part D and noted below. This will allow the District to assess if the required maintenance will be covered by the current assessment level, or if additional increases will be needed in following years.

Proposed Assessments for the year 2025-2026:

Residential $2,660.34 per residential unit
(70 residential units: 70 x $2,660.34 = $186,223.80)
Non-Residential $1.24 per square foot of non-residential floor area (22,250 ft2 non-residential: 22,250 x $1.24 = $27,590
Marina $80,943.46 Lump Sum
$294,757 Total Anticipated Revenue for the year 2025-2026 The District collects assessments to cover three areas of funding: Capital Reserve Fund, Annual Maintenance Fund and a Contingency. The 2025 status of these funds are discussed below.

Capital Reserve Fund: The Capital Reserve Fund needs to be collected annually in order for the District to have funds available to replace pavements, curb and gutter and other improvements in the future as the infrastructure approaches the end of its useful life. The amount of the Capital Reserve currently stands at $718,154 and an additional $238,600 will be added next year.

Annual Maintenance: Since the Maintenance portion has only been partially tapped, this fund had continued to build during the current fiscal year. Nevertheless, and based on the level of maintenance expected by the residents, the Engineer recommends the District continue to assess properties in the District.

Currently the District is carrying $521,481 in un-allocated maintenance since the City has only recently accepted the improvements. As noted above, this will be evaluated during FY 2025-2026 to determine what portion of Contingency might be allocated to the maintenance or Capital Reserve funds. The Engineer recommends allocating more funds into the Capital Reserve Fund and reducing the unallocated fund amount as shown in Part B.

It should be noted that future increases may need to be made to bring the assessment funding in line with the max assessments allowed in the District formation documents. At that point, further increases would be only based on the index allowed for the District.

The District will be assuming all costs from the developer upon final acceptance. Since the District will be accepting infrastructure that is several years old, the Engineer recommends that any monies PART A

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Contingency: As noted in the financial summary in Part B, the District carries a contingency for unforeseen circumstances. The contingency remains relatively large in anticipation of the District assuming the maintenance responsibilities and determining the acceptable level of maintenance to meet the residents expectations as well as covering deferred maintenance of completed improvements such as resealing the asphalt pavement and repairing damaged fixtures and furniture.

END OF PART A
PART B

ESTIMATE OF COSTS

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Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx District Status:

Total Estimated Fund Balance June 30, 2024 (per 2024-25 report) $1,069,485 Adjustment to match Estimated funds to Actual City Records $23,225 Actual Available Funds on July 1, 2024 $1,092,710
ASSESSMENT DISTRICT ACTIVITY 2024-2025:

Assessment District Revenues:

Assessment District Proceeds $294,757
Interest $34,796
Total District Revenues: $329,553
Assessment District Expenditures through March 31:

Janitorial Contract Services $32,344
Landscaping Contract Services $55,000
Utilities $18,649
Pit Toilet Pumping / Servicing $5,232
City Staff Time $19,265
Estimated Assessment District Expenditures April 1 - June 30:

Janitorial Contract Services $7,300
Landscaping Contract Services $14,043
City Staff Time $10,000
Utilities $20,000
Pit Toilet Pumping / Servicing $654
County Administrative Fees $140
Total District Expenditures: $182,627
Total Projected Available Funds on July 1, 2025 $1,239,635 PROJECTED ASSESSMENT DISTRICT ACTIVITY 2025-2026:

Assessment District Revenues:

Assessment District Proceeds $294,757
Interest $35,839
Total District Revenue: $330,596
Assessment District Expenditures:

Janitorial Contract Services $27,700
Landscaping Contract Services $60,172
City Staff Time $30,000
County Administrative Fees $140
PART B

ESTIMATE OF COSTS

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2.

Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx Utilities $38,000
Pit Toilet Pumping / Servicing $5,232
Island Enhancement / Renovation $30,000
Restroom Painting / Update $5,000
Upland Area Maintenance Work $8,000
Trash Receptacle Replacements $10,000
Capital Reserve Fund Study $5,000
Electrical Investigative Work for Lighting $3,000
Total District Expenditures: $222,244
Assessment District Fund Balances:

Capital Reserve Fund Balance on July 1, 2024 $718,154
Capital Reserve Fund Contribution FY 2025-2026 $238,600 Estimated Capital Reserve Fund Balance June 30, 2025 $956,754 Contingency Funds Balance on July 1, 2024 $521,481
Contingency Fund Change for FY 2025-2026 -$130,248
Estimated Unallocated Funds Balance June 30, 2025 $391,234 Total Projected Available Funds on June 30, 2026: $1,347,988

END OF PART B
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll)

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx See attachment titled “Part C – Assessment Roll.”
The lines and dimensions of each parcel are as shown on the maps of the County Assessor of the County of Marin.

Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch Lomond, recorded:

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx I. INTRODUCTION
A special tax authorized under the Mello-Roos Community Facilities Act of 1982, as amended (“Act”) shall be levied on each Parcel of land within Community Facilities District No. 2 of the City of San Rafael (“CFD No. 2”), and collected according to the Special Tax Liability determined by the City, the City of San Rafael)”City”), through the application of the following procedures. The Special Tax is being levied for the purpose of providing and guaranteeing longterm funding and maintenance of park and recreation improvements that are approved for public use, and an adjacent conservation area (seasonal wetland) as more particularly described in the Approval Resolution, as well as appurtenant roadways, sidewalk and landscaping areas.

All of the property within CFD No. 2, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below.

It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes.

II. DEFINITIONS
Act means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 et seq. of the California Government Code.

Approval Resolution means Resolution No. 12332, adopted on August 6, 2007 by the City Council of the City of San Rafael.

Area of Use means the area falling within a single tax category of a Parcel devoted to multiple uses.

Base Year means the Fiscal Year commencing July 1, 2011.

BMR Unit means a Dwelling Unit that is classified as “low or moderate income housing” pursuant to that certain agreement among San Rafael Marina, LLC, the City of San Rafael, and the Housing Authority of the County of Marin, dated July 1, 2088 and recorded as document 2008- 0038363 in the Official Records of the County of Marin on August 14, 2008.

Building Floor Area means a measurement of the area contained within the perimeter of each non-residential structure on a given Parcel, which can be or has been developed on that Parcel based on a building permit. If a building permit is not available, the amount shall be based on the Master Use Permit, or other planning approval. This figure shall be determined in accordance with the standard practice of the City in calculating structural parameters. The figure includes the square footage of each floor of any multi-floor building.

CFD No. 2 means the Community Facilities District No. 2 of the City of San Rafael.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx City means the City of San Rafael.

Dwelling Unit means each separate building, or housing unit within a common building, used to provide living accommodations which are intended, design, or legally required to be occupied by a single family unit. For Parcels which have not yet been subdivided into the number of lots shown on the Tentative Map, the number of Dwelling Units shall be the number of lots shown on the Tentative Map within the limits of that Parcel. BMR Units do not count as Dwelling Units. For Parcels with mixed uses, the number of Dwelling Units shall be the number of residential units allowed under the Master Use Permit, not counting any BMR Units.

Fiscal Year means the period starting on July 1, and ending the following June 30.

Master Use Permit means that certain Master Use Permit as approved by the City Council of the City of San Rafael by means of Resolution No. 12332, adopted on August 6, 2007.

Maximum Special Tax means the greatest amount of Special Tax that can be levied against a Parcel in any Fiscal Year. The Maximum Special Tax for each Category of Taxable Property is established in Section III.

Parcel means any County Assessor’s Parcel or that portion thereof that is within the boundaries of CFD No. 2 based on the equalized tax rolls of the County as of March 1 of each Fiscal Year. Parcels referred to by a specific number indicate the parcels shown on the Tentative Map.

Service Annual Cost(s) means for each Fiscal Year, the total of 1) the estimated cost of providing and guaranteeing long-term funding and maintenance of park and recreation improvements that are approved for public use and an adjacent conservation area (seasonal wetland) as more particularly described in Vesting Tentative Map Condition No. 45 in the Approval Resolution (the “Improvements”); 2) the estimate costs of providing additional landscaping and maintenance costs; and 3) any amounts needed to cure actual or estimated delinquencies in Special Taxes for the current or previous Fiscal Year.

Special Tax Escalation Factor means the annual percentage increase in the Consumer Price Index for the San Francisco-Oakland-San Jose area as published in “Consumer Price Indexes – Pacific Cities and U.S. City Average” from the U.S. Department of Labor, Bureau of Labor Statistics or, in the event such index ceases to be published, by a comparable index designated by the City Council.

Tax Categories are those categories set forth in the body hereof.

Taxable Property means Parcels that are not in public ownership, but excludes privatelyheld Parcels used solely for vehicular and pedestrian access, utilities, or as common areas. Such areas include Parcels A through W, inclusive, as shown on the Tentative Map. However, Taxable Properties that are acquired by a public agency after the CFD is formed or subsequent Final Subdivision Maps are recorded will remain subject to the applicable Special Tax.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx Tentative Map means that certain tentative map as approved by the City Council of the City of San Rafael by means of Resolution 12332, adopted on August 6, 2007.

III. CATEGORIES OF SPECIAL TAX AND DESIGNATION OF MAXIMUM SPECIAL TAX
A. RESIDENTIAL CATEGORY: The Residential Category includes each Parcel of developed Taxable Property within CFD No. 2 that is zoned or permitted to be used for residential purposes. This consists of Parcels 2 through 76, inclusive, as well as the second floor residential use permitted on Parcel 78, all as shown on the Tentative Map. The Maximum Special Tax that may be levied annually on Taxable Property within the Residential Category during the Base Year is $2,439.22 per Dwelling Unit.

B. MARINA CATEGORY: The Marina includes that Parcel of Taxable Property within CFD No. 2 that is designated as Parcels 80 and 82 on the Tentative Map. The Maximum Special Tax that may be levied annually on Taxable Property within the Marina Category during the Base Year is $74,216.22. In the event that Parcel 80 is subdivided, the Maximum Special Tax shall be allocated to the subdivided Parcels in proportion to the number of marina slips contained in each subdivided Parcel within the Marina Category. In the event that Parcel 82 is subdivided from the other property within the Marina Category, it shall be taxed on the same rate and basis (per square foot) as property within the NonResidential Category and the Maximum Special Tax for the remainder of the Marina Category shall be the amount calculated above, less the tax for Parcel 82.

C. NON-RESIDENTIAL CATEGORY: The Non-Residential Category includes each Parcel of developed Taxable Property within CFD No. 2 which has been zoned or is permitted to be used for non-residential uses (including office, retail, industrial, and other commercial uses) but not property within the Marina Category. These Parcels consist of Parcels 79, and 81 shown on the Tentative Map, as well as portions of Lot 78 devoted to Non-Residential Uses. The Maximum Special Tax that may be levied annually on Taxable Property inti nth Non-Residential Category during the Base Year is $1.15 per square foot of Building Floor Area.

D. MIXED USE CATEGORY: Parcels within CFD No. 2 which are zoned or permitted to be used for uses which fall in more than one of the above Categories shall be taxed for each category of use. The calculation of the Maximum Special Tax shall be performed separately for each Area of Use. For example, the Special Tax Liability for a Parcel featuring two Dwelling Units and 10,000 square feet of Non-Residential Use shall be the sum of the Special Tax for the two Dwelling Units at the rate applied to all Dwelling Units in the CFD and for the Non-Residential tax rate per square foot times 10,000. The Maximum Special Tax for Parcels in the Mixed Use Category shall be calculated accordingly.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx E. ADJUSTMENTS TO MAXIMUM SPECIAL TAX: The Maximum Special Tax for all Categories shall increase each Fiscal Year as determined annually by the City Council by the Consumer Price Index for the San Francisco-Oakland-San Jose area, All Urban Consumers/All Items, as published by the U.S> Department of Labor, Bureau of Labor Statistics, or, in the event such index ceases to be published, by a comparable index designated by the City Council.

IV. SETTING THE ANNUAL SPECIAL TAX LIABILITY FOR TAXABLE PROPERTIES On or about July 1 of each year, but in an event in sufficient time to include the levy of the special taxes on the County’s secured tax roll, the City shall determine the Category or Categories representing each Parcel of land within CFD No. 2. Parcels subject to levy and their respective Tax Category shall be determined based upon the records of the County Assessor as of the March 1 preceding such July.

For each Fiscal Year, the City shall determine the Special Tax Liability for each Parcel for the Fiscal Year. The City shall make available for review by the general public information regarding the Category to which each Parcel is assigned and the information used to calculate the Special Tax Liability for each Parcel.

Attachment 1 shows the Base Year Maximum Special Tax rates. Each Fiscal Year following the Base Year, the Maximum Special Tax rate shall be increased in accordance with the Special Tax Escalation Factor.

To determine the Maximum Special Tax in each Fiscal Year, multiply the number of Dwelling Units for each residential Parcel times the applicable Maximum Special Tax rates shown in Attachment 1 as adjusted by the Special Tax Escalation Factor. For the Mixed Use Category, take the sum of those two products.

The City shall calculate the Special Tax Liability for each Taxable Property for each fiscal year as follows:

A. STEP ONE: Determine if the Improvements have been inspected and accepted by the City. If not, the Special Tax Liability shall be zero for that fiscal year.

B. STEP TWO: The District formation documents allow an annual increase of up to 3% or the Consumer Price Index for the San Francisco/Oakland/Hayward region, whichever is greater. The CPI as of February 2025 is 354.43. The base year index (2010) is 227.27. This allows a 55.95% increase since the District’s formation. The maximum assessments would be as follows:

Residential $3,803.99 per residential unit
Non-Residential $1.79 per square foot of non-residential floor area Marina $115,740.99 Lump Sum
PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx C. Since the District (and the City) have not accepted all the improvements for the CFD to maintain, not all available funding is required at this time. The Engineer recommends recategorizing excess contingency funds as Capital Reserves funds in anticipation of accepting the improvements. With healthy reserves no increase in the assessment is recommended until after a full reserve fund analysis is completed, yielding the following assessments for 2025-2026:

Residential $2.660.34 per residential unit
Non-Residential $1.24 per square foot of non-residential area Marina $80,943.46 Lump Sum
Setting the amount in 2025-2026 does not preclude future increases in future years to the maximum allowable assessment based on the CPI.

D. STEP THREE: Calculate the Special Tax Liability for each Parcel of Taxable Property by the following steps:

Step 1: Compute the potential Maximum Special Tax revenue for all Parcels in the CFD by summing the Maximum Special Tax assigned to each Parcel for that Fiscal Year.

Step 2: Compare the Service Annual Costs with the potential maximum Special Tax revenue calculated in the previous step.

Step 3: If the Service Annual Costs are less than the Maximum Special Tax revenue from Step 1, decrease proportionately the Maximum Special Tax amount for each Parcel until the total Special Tax revenue equals the Service Annual Cost. These amounts will be that year’s Special Tax Liability for each Parcel.

Step 4: If the Service Annual Costs are great than or equal to the potential Maximum, Special Tax revenue calculated in Step 1, the amount of the Special Tax Liability for each Taxable Property shall be the Maximum Special Tax assigned to each Parcel in II above.

E. STEP FOUR: After the Special Tax Liability for each Parcel has been calculated, consult Section V of this Rate and Method in order to prepare the Tax Collection Schedule.

V. PREPARATION OF TAX COLLECTION SCHEDULE
Prepare the Tax Collection Schedule listing the Special Tax Liability for each Parcel of Taxable Property and send it to the County Auditor, requesting that it be placed on the general, secured property tax roll for the Fiscal Year. The Tax Collection Schedule shall not be sent later than the date required by the Auditor for such inclusion.

The City shall make every effort to correctly calculate the Special Tax Liability for each Parcel. It shall be the burden of the taxpayer to correct any errors in the determination of the Parcels subject to the tax and the Special Tax Liability assigned to them. The City will maintain a file PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx available for public inspection of each current County Assessor’s Parcel Number within the CFD, its Maximum Special Tax, and the Maximum Special Tax for all Parcels within the CFD.

PART E

LIST OF PROPERTY OWNERS

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx See attachment titled “Part E – List of Property Owner.” PART F

ASSESSMENT DIAGRAM

https://cityofsanrafael.sharepoint.com/sites/CityCouncilMeetings/Shared Documents/General/__Agenda Item Approval Process/2025-06-23/PW - Loch Lomond Marina Mello-Roos District No. 2/2. Loch Lomond CFD #2 Annual Engineer's Report 2025-26.docx See sheets 1 through 2 in attachment titled “Part F – Assessment Diagram”

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT

PROPERTY

DESCRIPTION

ASSESSOR'S PARCEL
NUMBER
2 $15,058.94 Lot 2 016-070-14
3 $21,726.56 Lot 3 016-070-16
4 $4,106.20 Lot 4 016-070-17
5 $80,943.46 Lot 5 016-070-09
A $0.00 Lot A 016-070-12
B $0.00 Lot B 016-070-10
C $0.00 Lot C 016-070-13
D $0.00 Lot D 016-070-19
E $0.00 Lot E 016-070-15
F $0.00 Lot F 016-070-18
G $0.00 Lot G 016-070-21
H $0.00 Lot H 016-070-22
I $0.00 Lot I 016-070-20
1-1 $0.00 1 016-341-01
2-1 $2,660.34 2 016-341-02
3-1 $0.00 3 016-341-03
4-1 $2,660.34 4 016-341-04
5-1 $2,660.34 5 016-341-05
6-1 $2,660.34 6 016-341-06
7-1 $2,660.34 7 016-341-07
8-1 $2,660.34 8 016-341-08
9-1 $2,660.34 9 016-341-09
10-1 $2,660.34 10 016-341-10
11-1 $2,660.34 11 016-341-11
12-1 $2,660.34 12 016-341-12
13-1 $2,660.34 13 016-341-13
14-1 $2,660.34 14 016-341-14
15-1 $2,660.34 15 016-341-15
16-1 $2,660.34 16 016-341-16
17-1 $2,660.34 17 016-341-17
18-1 $2,660.34 18 016-341-18
19-1 $2,660.34 19 016-341-19
20-1 $2,660.34 20 016-341-20
21-1 $2,660.34 21 016-341-21
22-1 $2,660.34 22 016-341-22
23-1 $2,660.34 23 016-341-23
24-1 $2,660.34 24 016-341-24
PART C

ASSESSMENT ROLL

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT

PROPERTY

DESCRIPTION

ASSESSOR'S PARCEL
NUMBER
25-1 $2,660.34 25 016-341-25
26-1 $2,660.34 26 016-341-26
27-1 $2,660.34 27 016-341-27
28-1 $2,660.34 28 016-341-28
29-1 $2,660.34 29 016-341-29
30-1 $2,660.34 30 016-341-30
31-1 $2,660.34 31 016-341-31
32-1 $2,660.34 32 016-341-32
33-1 $2,660.34 33 016-341-33
34-1 $2,660.34 34 016-341-34
35-1 $2,660.34 35 016-341-35
36-1 $0.00 36 016-341-36
37-1 $2,660.34 37 016-341-37
38-1 $0.00 38 016-341-38
39-1 $2,660.34 39 016-341-39
40-1 $2,660.34 40 016-341-40
41-1 $0.00 41 016-341-41
42-1 $2,660.34 42 016-341-42
43-1 $0.00 43 016-341-43
44-1 $2,660.34 44 016-341-44
45-1 $2,660.34 45 016-341-45
46-1 $0.00 46 016-341-46
47-1 $2,660.34 47 016-341-47
48-1 $0.00 48 016-341-48
49-1 $2,660.34 49 016-341-49
50-1 $2,660.34 50 016-341-50
51-1 $0.00 51 016-341-51
52-1 $2,660.34 52 016-341-52
53-1 $2,660.34 53 016-341-53
54-1 $2,660.34 54 016-341-54
55-1 $2,660.34 55 016-341-55
56-1 $2,660.34 56 016-341-56
57-1 $0.00 57 016-341-57
58-1 $2,660.34 58 016-341-58
59-1 $2,660.34 59 016-341-59
60-1 $0.00 60 016-341-60
61-1 $2,660.34 61 016-341-61
62-1 $2,660.34 62 016-341-62
63-1 $2,660.34 63 016-341-63

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT

PROPERTY

DESCRIPTION

ASSESSOR'S PARCEL
NUMBER
64-1 $2,660.34 64 016-341-64
65-1 $2,660.34 65 016-341-65
66-1 $2,660.34 66 016-341-66
67-1 $2,660.34 67 016-341-67
68-1 $2,660.34 68 016-341-68
69-1 $2,660.34 69 016-341-69
70-1 $2,660.34 70 016-341-70
71-1 $2,660.34 71 016-341-71
72-1 $2,660.34 72 016-341-72
73-1 $2,660.34 73 016-341-73
74-1 $2,660.34 74 016-341-74
75-1 $2,660.34 75 016-341-75
76-1 $2,660.34 76 016-341-76
K $0.00 K 016-341-77
L $0.00 L 016-341-78
M $0.00 M 016-341-79
D $0.00 D 016-341-80
N $0.00 N 016-341-81
E $0.00 E 016-341-82
O $0.00 O 016-341-83
F $0.00 F 016-341-84
P $0.00 P 016-341-85
H $0.00 H 016-341-86
A $0.00 A 016-341-87
I $0.00 I 016-341-88
B $0.00 B 016-341-89
J $0.00 J 016-341-90
C $0.00 C 016-341-91
G $0.00 G 016-341-92

City of San Rafael
Proclamation
Presented to
Louise Yost
WHEREAS, Louise Yost has served on the Pickleweed Advisory Committee for the City of San Rafael for 23 years from 2002 – 2025; and
WHEREAS, prior to her appointment Louise has been a community advocate and attended public gatherings and meeting to support all members of the Canal community with a special focus on environmental and social issues; and
WHEREAS, Louise’s involvement has greatly shaped the development and effectiveness of the Albert J. Boro Community Center and Pickleweed Park and the programming offered within; and
WHEREAS, Louise, as a resident and supporter of the Canal community, has welcomed attendees to the annual Dia de los Muertos celebration by playing the steel pans in the Community Center lobby; and WHEREAS, Louise has served the City of San Rafael with both passion and compassion; making certain along the way that each solution advanced and improved the quality of life in San Rafael.

NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, do hereby proclaim my sincere appreciation to
Louise Yost
for her important contributions and community service to the City of San Rafael.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Meeting Date:

Disposition:

Agenda Item No: 6.a
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department Prepared by: Stacey Laumann,
Senior Management Analyst II
City Manager Approval: ______________
TOPIC: PUBLIC ART PROGRAM IMPLEMENTATION AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $250,000 WITH LOCAL EDITION MARKETING, LLC TO IMPLEMENT A PUBLIC ART

PROGRAM FUNDED BY A GRANT FROM THE CALIFORNIA ARTS COUNCIL FOR

THE DOWNTOWN SAN RAFAEL ARTS DISTRICT
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement in an amount not to exceed $250,000 between the City of San Rafael and Local Edition Marketing, LLC to develop and implement a public art program funded by a grant from the California Arts Council for the Downtown San Rafael Arts District.

BACKGROUND:

The Arts and Culture Element of the San Rafael General Plan contains policies and programs to stimulate the local economy through arts. These include but are not limited to Policy AC-1.5: Public Art and Program AC-1.8A: Arts District which directs the City to “[L]everage the Downtown San Rafael Arts District designation to encourage, promote, and support arts activities, attract visitors and business patrons, promote equity and inclusivity, and create a more welcoming and exciting downtown environment; and encourage multi-disciplinary art activities and events that showcase local talent and provide opportunities for all residents to experience the arts.” The Economic Development Strategic Plan (2023) provides tactical recommendations on business attraction and retention through place-making, including Action Item 4.5, which directs the City to “Coordinate with arts organizations to integrate arts programming with events and economic development initiatives, building upon the Cultural Arts District designation” and Action Item 2.5, to “Invest in other enhancements such as gateway signage and wayfinding, public art, thematic street and sidewalk enhancements, and public open space.”
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In 2017 and again in 2023, the California Arts Commission (CAC) selected the Downtown San Rafael Arts District (DSRAD) as one of fourteen State of California designated art districts. Furthermore, in 2023, the City Council adopted Resolution 15199 to accept a CAC grant of $671,429 for Fiscal Years (FY) 2023-2026. In 2024, the City entered into a grant amendment to expand the grant scope and budget by $38,461 to a total of $709,890. This CAC grant creates the opportunity to make significant investments in the City’s cultural infrastructure.

In November 2024, the City Manager entered into agreements with the following DSRAD stakeholder organizations (Stakeholders) to implement the objectives of the CAC grant: Art Works Downtown (AWD), San Rafael Downtown Business Improvement District (Downtown BID), Youth in Arts (YIA), and the California Film Institute (CFI) and Marin Society of Artists (MSA)). The Stakeholder organizations have met monthly over the last several years to develop a strategic plan, funding criteria to expend CAC grant funds, and implement arts activities in alignment with the CAC grant objectives.

The City’s Public Art Review Board helps administer public art on City property, including reviewing public art proposals and advising the City Council on public art installations. On April 30, 2025, staff provided an informational report on the Public Art Program to the City’s Public Art Review Board, where Advisory Board members provided feedback to staff on the program design. Staff then provided a program overview at a public meeting of the City Council’s Economic Development Subcommittee on June 11, 2025 where Councilmembers and members of the public provided input to staff.

ANALYSIS:

Public Art Program Goals
The goal of the Public Art Program is to enhance economic vitality Downtown with the addition of new culturally responsive and artistically significant public artworks on public property. Additional goals for the program are to:
• Enhance public awareness of San Rafael as the arts hub of Marin County; • Support economic development through creative placemaking and activation of the creative economy;
• Reflect the diverse local community and landscape;
• Engage multiple stakeholders and community segments; and • Improve City properties for the benefit of public enjoyment.

The proposed Public Art Installation Program is intended to achieve these goals through the selection and installation of five new public art installations in the DSRAD geographic area (Figure 1). The project will occur substantially over a 12-month period, from June 2025 through June 2026, with the potential for art installations to occur in 2027, pending project refinement. Anticipated artworks will include permanent murals, mosaics, and temporary or permanent sculptural pieces.

The goals of the Public Art Program align with the City’s FY 2025-2028 Strategic Plan, including Goal A.3.1 to “Deliver placemaking elements through funded public art projects in the Downtown San Rafael Art District” and Goal A.1.3 to “Drive local economic activity through promotion of destination tourism, enhancing special events, and optimizing city-owned assets by leveraging targeted marketing initiatives.”
Location Selection
The program is proposed to be implemented within the boundaries of the Downtown Precise Plan area (Figure 1). City staff from multiple departments collaborated to identify suitable City-owned properties SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
for potential mural or sculpture installations that can occur within the CAC grant timeline. Evaluation criteria included high visibility, locations where City maintenance costs could be reduced with improvements, and physical readiness. Preliminary project locations identified include the following:
• Project #1: Court Plaza 1000 4th Street
• Project #2: C Street @ 3rd Street Garage
• Project #3: 2nd @ Ida Street Retaining Wall
• Project #4: 2nd & 4th Street Project Lane Divider
• Project #5: Outside City Hall
Final site selection will be at the direction of the City Council, with the opportunity to prioritize factors such as high visual impact, maintenance, and diversity of potential art concepts.

Figure 1: Downtown Precise Plan Area
Consultant Selection
To effectively manage and curate the program, the DSRAD issued a Request for Proposals (RFP) in January 2025, seeking qualified arts consultants to oversee the program. The DSRAD received ten responses to the RFP, from which the DSRAD interviewed five firms. Ultimately, in March 2025, the DSRAD selected Local Edition Marketing (Local Edition) to lead the program's development and execution from June 2025 through June 2026. Local Edition was selected for their substantial experience in the Bay Area and beyond, overseeing and managing the work of mural artists, sculpture fabricators, installers, and other contractors in the implementation of public art. Local Edition received the 2024 Helen Putnam Award for Excellence for Economic Development through the Arts for the City of Concord, CA. They also curate the Mare Island Art Yard. Local Edition has demonstrated the ability to deliver art and placemaking strategies paired with strategic approaches to community involvement and marketing.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Consultant Scope of Work
Staff recommends contracting with Local Edition to provide full-service art consulting, including but not limited to:
• Strategic planning and project management;
• Site evaluation and final selection of up to five artwork locations; • Issuing a Call for Artists and managing the artist selection process; • Coordinating public engagement, including creative communication through digital media, photography, and video;
• Assisting City staff in the review and approval process; and • Overseeing contracting, installation, and project documentation.

A detailed scope of work, program budget, and timeline is included in Exhibit A to Attachment 2 of this staff report. An illustrative project timeline is provided below (Figure 2).

Figure 2: Implementation Process and Timeline
Public Art Program: Artist Selection and Community Engagement As an essential element of program implementation, Local Edition will be responsible for guiding the artist selection and community engagement processes to ensure the project reflects the diverse local community and landscape of San Rafael. Local Edition will publish a compelling and inclusive Call for Artists that outlines the program’s vision and eligibility, with the intent of attracting both emerging and well-known artists to the San Rafael project. An artist selection committee — which may include DSRAD stakeholders, City staff, and/or other stakeholders — will then review submissions and select two semifinalists for each identified location.

Local Edition, in collaboration with City staff, will conduct a public engagement campaign to promote project awareness of the program. Outreach methods will include information on the City’s Public Art webpage, promotions via community partner newsletters, arts-focused social media channels, and tabling at Downtown events during the Summer and Fall of 2025. To gather specific feedback on artistic concepts presented by the semi-finalists, Local Edition will launch digital surveys and receive feedback through in-person tabling. Community feedback will help identify preferred themes, styles, and concepts.

Following the public input period, the selection committee will recommend the final artwork for each site.

Local Edition will compile and submit these proposals to the City’s Public Art Review Board, which will then make formal recommendations to the City Council for final review and approval in a public meeting, in alignment with the City’s established public art review process.

Program Budget
City staff worked with DSRAD Stakeholders to identify an appropriate scope and corresponding budget for the Public Art Program. The DSRAD recommends a total of $250,000 to be spent on the program to complete five substantial permanent and temporary public art projects.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
A project budget summary is provided in Table 1 below, and the detailed Preliminary Project Budget is provided in Exhibit A to Attachment 2.

Table 1: Public Art Program Budget Summary
$ 50,000.00 Project Management Fee, Local Edition
$173,250.00 Artist Engagement and Program Implementation $ 26,750.00 Permit fees, marketing & engagement
$250,000.00 Project Budget Total
The total program budget of $250,000 represents 35.22% of the total CAC grant budget (Table 2).

Table 2: Downtown San Rafael Arts District Grant Budget Summary $204,839.95 Arts Programming, Strategic Planning, Web Development (Completed) $123,790.00 Arts Programming (Contracted, not completed) $250,000.00 Public Art Program
$ 60,271.05 Unprogrammed
$ 70,989.00 City Administration (10% of the grant)
$709,890.00 Grant Total
FISCAL IMPACT:

The proposed resolution allocates up to $250,000 of CAC grant funds for a professional services agreement with Limited Edition to implement a public art program. CAC grant funds for the DSRAD have been appropriated within in Fiscal Year 2025-2026 (Grant Funds – 283) to support this agreement.

All permit fees related to the public art installations will be funded directly from the project budget.

OPTIONS:

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

1. Adopt a resolution to authorize the City Manager to execute the agreement as proposed;

2. Direct staff to return with more information; or

3. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement in an amount not to exceed $250,000 between the City of San Rafael and Local Edition Marketing, LLC to develop and implement a public art program funded by a grant from the California Arts Council for the Downtown San Rafael Arts District.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement with Local Edition Marketing, LLC RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $250,000 WITH LOCAL EDITION

MARKETING, LLC TO IMPLEMENT A PUBLIC ART PROGRAM FUNDED BY A GRANT

FROM THE CALIFORNIA ARTS COUNCIL FOR THE DOWNTOWN SAN RAFAEL ARTS

DISTRICT
WHEREAS, on July 13, 2017 the California Arts Commission (CAC) selected Downtown San Rafael Arts District as one of fourteen State of California designated art districts for a fiveyear certification; and WHEREAS, on March 29, 2023, the City of San Rafael, Art Works Downtown, San Rafael Downtown Business Improvement District, Youth in Arts, California Film Institute, and Marin Society of Artists submitted a recertification application and grant application for the Downtown San Rafael Arts District as a California Cultural District; and WHEREAS, on April 17, 2023, the City Council adopted Resolution No. 15199, authorizing the City Manager to enter into a Grant Agreement in the amount of $671,429 with the California Arts Council on behalf of the Downtown San Rafael Arts District; and WHEREAS, on May 23, 2024, the City entered into a grant amendment to expand the grant scope and budget by $38,461, to a total of $709,890; and WHEREAS, the Arts and Culture Element of the San Rafael General Plan contains policies and programs to stimulate the local economy through arts, including Policy AC-1.5: Public Art, and Program AC-1.8A: Arts District which directs the City to leverage the Downtown San Rafael Arts District designation to encourage, promote, and support arts activities, attract visitors and business patrons, promote equity and inclusivity, and create a more welcoming and exciting downtown environment; and encourage multi-disciplinary art activities and events that showcase local talent and provide opportunities for all residents to experience the arts; and WHEREAS, the Economic Development Strategic Plan provides tactical recommendations on business attraction and retention through place-making, including Action Item 4.5: Coordinate with arts organizations to integrate arts programming with events and economic development initiatives, building upon the Cultural Arts District designation; and WHEREAS, on June 2, 2025, City Council adopted the FY 2025-2028 Strategic Plan, including Goal A.3.1 which directs the City to deliver placemaking elements through funded public art projects in the Downtown San Rafael Art District and Goal A.1.3 to drive local economic activity through promotion of destination tourism, enhancing special events, and optimizing city-owned assets by leveraging targeted marketing initiatives; and WHEREAS, on June 2, 2025, the City Council approved the FY2025-26 Adopted Budget, which includes appropriations of $250,000 within the City’s Grant Funds (283) to support the recommended Professional Services Agreement; and
WHEREAS, City staff have identified qualified consultants, through a competitive process, to support and implement a public art program that will meet key objectives stated in the California Arts Council grant Scope of Work, including to raise visibility of the Downtown San Rafael Arts District.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement in an amount not to exceed $250,000 between the City of San Rafael and Local Edition Marketing, LLC to develop and implement a public art program funded by a grant from the California Arts Council for the Downtown San Rafael Arts District.

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 special meeting of the City Council of the City of San Rafael, held on Monday, the 23rd day of June, 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________________
Lindsay Lara, City Clerk
Rev. 08.22 1

AGREEMENT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

THE CITY OF SAN RAFAEL
AND

LOCAL EDITION MARKETING, LLC

FOR PUBLIC ART PROGRAM IMPLEMENTATION SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and LOCAL EDITION MARKETING, LLC, a California limited liability company (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

NOW, THEREFORE, the parties hereby agree as follows:

AGREEMENT

1. SERVICES TO BE PROVIDED.

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

2. COMPENSATION.

In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT, as further described in Exhibit A, in an amount of Two Hundred Fifty Thousand Dollars ($250,000). v 08.22 2
CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice.

3. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on June 23, 2025 and terminate on June 30, 2028.

4. PROJECT COORDINATION.

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

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

5. TERMINATION.

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

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

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

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

6. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may v 08.22 3
use said property for any purpose, including projects not contemplated by this Agreement.

7. INSPECTION AND AUDIT.

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

8. ASSIGNABILITY.

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

9. INSURANCE REQUIREMENTS.

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

10. INDEMNIFICATION.

A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT’s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.
v 08.22 4
B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.

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

11. NONDISCRIMINATION.

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

12. COMPLIANCE WITH ALL LAWS.

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

13. NO THIRD PARTY BENEFICIARIES.

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

14. NOTICES.

All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to v 08.22 5
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

To CITY’s Project Manager:

Stacey Laumann, Senior Management Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:

Tari Loring, Managing Director
712 Bancroft Rd. #278
Walnut Creek, CA 94598

15. INDEPENDENT CONTRACTOR.

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

16. ENTIRE AGREEMENT -- AMENDMENTS.

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

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

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

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

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

17. SET-OFF AGAINST DEBTS.

CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.
v 08.22 6

18. WAIVERS.

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

19. COSTS AND ATTORNEY'S FEES.

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

20. CITY BUSINESS LICENSE / OTHER TAXES.

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

21. SURVIVAL OF TERMS.

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

22. APPLICABLE LAW.

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

23. GRANT REQUIREMENTS.

CONSULTANT hereby acknowledges that this Agreement is funded with a grant from the California Arts Council and is subject to the terms and conditions of the Cultural District Program Grant dated May 16, 2023, of which a true and correct copy is attached hereto as Exhibit C (“Grant Agreement”). As a subrecipient of the grant, CONSULTANT agrees to comply with the requirements of the Grant Agreement placed on the recipient. v 08.22 7

24. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

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

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

Office of the City Attorney
_________________________________
By: ANDREA VISVESHWARA,
Chief Assistant City Attorney
ATTEST:

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

EXHIBIT A

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

SCOPE OF SERVICES.

CITY hereby engages CONSULTANT as a professional art consulting, art production, management, and creative placemaking company on a non-exclusive basis to perform the Services of implementing a Public Art Installation Program in Downtown San Rafael including strategic guidance to plan and produce five new public artworks (individually referred as the “Project” or collectively as the “Projects”).

The Scope of Services include the following deliverables:

Deliverable 1: Project Kickoff

1.1 Facilitate at least two (2) initial meetings with Project stakeholders to understand the project parameters, explore feasible project locations, and discuss logistical requirements.

1.2 Develop a list of preferred Project locations based on feasibility.

1.3 Develop a proposed timeline for project management and implementation.

Deliverable 2: Artist Selection.

2.1 Collaborate with City staff, the Downtown San Rafael Arts District (DSRAD) stakeholders, and other community stakeholders to confirm a minimum of five (5) feasible Project locations for Public Art.

2.2 Develop and implement a robust process to solicit artist proposals based on feasible project locations. Ensure the call for artists is highly visible within the arts community and attracts high-caliber, local artists.

2.3 Manage the receipt and initial intake of artist proposals. Facilitate a process with DSRAD and other stakeholders to review proposals, identify and select up to two (2) artists as finalists for each Project site, and coordinate communication with artists during review process.

Deliverable 3: Proposal Refinement, Community Outreach, and Public Art Review

3.1 Develop and administer agreements with finalist artists to develop their conceptual designs. CONSULTANT is responsible for administering and managing payment of any artist stipends for conceptual design, up to $1,250 per artist stipend. Coordinate with finalist artists to ensure art complies with the City of San Rafael’s Public Art Review Guidelines.

3.2 Coordinate a process for conceptual designs to be reviewed by a panel of jurists which may include DSRAD stakeholders, City staff, and/or other stakeholders. who will select the final artist(s) for each project site and authorize them to continue to fully develop artwork for each project site.
v 08.22 B-2

3.3 Upon feedback from stakeholders of conceptual designs, work with finalist artists to fully develop final art proposals.

3.4 Facilitate a process to ensure at least two (2) forms of community stakeholder outreach or engagement are completed per project site for permanent installations greater than one year. This may include meetings, focus groups, workshops, pop-ups, surveys, letters of support, or other forms of feedback to demonstrate sufficient community engagement for the scale and scope of each project site.

3.5 Coordinate a process for final design proposals and community comments to be reviewed by the stakeholders. CONSULTANT and stakeholders will select the final artist(s) for each project site.

3.6 Develop and submit final proposals for each site to the City’s Public Art Review Board for review and approval.

Deliverable 4: Permitting and City Council Approval

4.1 Obtain any necessary permits or regulatory resource agency approvals to complete projects (e.g. encroachment permits, road closure approvals, etc.)

4.2 Maintain or ensure subconsultants (artists) have all necessary licenses, certifications, or credentials to complete projects in compliance with applicable laws and regulations.

4.3 Facilitate the execution of art license agreements between the City of San Rafael and artists. Engagement in art license agreements by private property owners or CONSULTANT will be determined with the final scope of each project if applicable.

4.4 Maintain and furnish to the City of San Rafael a certificate of liability insurance as required by the art license agreement(s).

4.5 Coordinate development of presentation materials for proposed art projects to the City of San Rafael City Council for final review and approval.

Deliverable 5: Project Implementation

5.1 If approved by City Council, coordinate installation of artwork.

5.2 Oversee and manage the work of artists, fabricators, installers, conservators, and other contractors in the implementation of each public art project. Manage project budget and timeline.

5.3 Facilitate payments to all artists, vendors, and subcontractors.

Deliverable 6: Marketing and Engagement

6.1 Collaborate with the CITY and DSRAD to develop a promotion, marketing, and media outreach strategy.

6.2 Develop social media posts to share across channels to highlight the artist selection process, engage the community in reviewing project proposals, and amplify the DSRAD.

6.3 Publicize the final installations. Document the process with photography and create a project culmination video.
v 08.22 B-3
Preliminary Project Budget
A detailed Preliminary Project Budget is provided. It is the intent of the Parties to refine the Projects through project discovery, public input, and obtain approval from City Council. v 08.22 B-4
COMPENSATION.

CITY will compensate CONSULTANT a total amount not to exceed $250,000. The CITY shall pay CONSULTANT upon receipt of accurate and complete invoices detailing deliverables completed in association with the milestones identified below.

Project Management Fee for Service Compensation Milestones

AMOUNT MILESTONE SCHEDULE
$25,000 Deliverable 1 Within 30 days of signed agreement $5,000 Deliverable 2 Within 30 days of selection of finalist artists
$10,000 Deliverable 4 Within 30 days of City Council
approval of projects
$9,000 Deliverable 6 Upon completion of all permanent
Projects.
$1,000 Project completion Final payment shall be due within 30 days of invoice following project
completion.

Project Implementation Compensation Milestones
CONSULTANT shall track all implementation expenses and account for them in the final production budget report.

AMOUNT MILESTONE SCHEDULE
Not to Exceed
$26,750
Deliverables 2, 3, 6 50% Within 30 days of signed
agreement
40% Within 30 days of selection of
finalist artists (Deliverable 2.3)
10% Upon completion of Deliverable 6.

Not To Exceed
$173,250
Deliverable 5
Final Project Design and
Implementation
70% of the total project budget for each
project will be delivered to
CONSULTANT upon City Council
approval of project (Deliverable 5.1).

CONSULTANT will invoice City for
the balance (30%) of each individual
project upon installation of approved art.

The total not to exceed amount includes all expenses and payments for the Scope of Services described above. Any additional expenses incurred due to a change in the Scope of Services shall be agreed upon in writing by the Parties prior to CONSULTANT incurring the expense. v 08.22 B-5
SCHEDULE.

The Parties will adhere to the following schedule. Adjustments to the Schedule in the Scope of Services shall be agreed upon in writing by the Parties.

TASK  DATE
Deliverable 1 Kickoff Meeting  3/28/25
Project Management Contract Executed 6/24/2025
Deliverable 2 Call For Artists and Vetting Process   July-Aug 2025 Deliverable 3 Artwork Design Phase Aug-Sep 2025
Conduct Public Meetings  Oct 2025
Submit Public Art Application to City  Nov 2025
Deliverable 4 Public Art Review Board Meeting  Jan 2026 City Council Decision/Approval  Feb 2026
Deliverable 5 Final Production Preparation for Art Installations Mar 2026 Public Art Installations Begin  April-June 2026
Planned Completion Date of Art Installations 6/30/2026
Deliverable 6 Deliver a final video product and photography portfolio in digital form Aug 2026
All invoicing and subcontractor documentation
complete and submitted to City, except for Project
#5.2
Sep-Oct 2026
OWNERSHIP OF ARTIST ARTWORKS.

For purposes of this Agreement, the term “document” shall not include any artist work product.

The City does not claim ownership, copyrights, royalties, or other claims to artwork produced as a result of a the Grant Agreement. However, the City reserves the right to reproduce and use such materials for official, noncommercial purposes as set forth in the City’s art license agreement.

The rights of all artists engaged or retained pursuant to the stated objectives of this Agreement (an “Artist”) shall be agreed upon by the Parties, and defined pursuant to a separate art license agreement entered into between CITY and each such Artist.

APPROVAL & DISPLAY OF PUBLIC ARTWORK PROJECTS.

The final approval of each Artist, public artwork Project, and public artwork display location shall be in the sole discretion of CITY, based on criteria determined by CITY in consultation with CONSULTANT. CITY shall do all things necessary to cooperate with and facilitate CONSULTANT’S securing of each public artwork Project display location and all access v 08.22 B-6
required by CONSULTANT and subconsultants to install and display each public artwork Project, including but not limited to securing all necessary permissions, permits and/or authorizations required to install and display each such public artwork Project. Upon installation of each public artwork Project, CONSULTANT shall have no obligation to maintain, repair, remove or replace any public artwork Project; however, CITY may choose to engage CONSULTANT’S services for an additional fee to be agreed upon by the Parties to maintain, repair, remove or replace a public artwork Project.

ARTIST AGREEMENTS.

Except as may be required by the City’s art license agreement to display the artwork consistent with the goals and objectives of the Project, the artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. 101 et seq., and all other rights in and to the applicable Project. Studies, drawings, designs, maquettes and models prepared and submitted as part of the selection process shall be returned to the artist following either installation of the applicable Project or a decline to proceed with an artist’s proposal. Consultant shall determine if the work to be performed under the agreements with the artist is for services where prevailing wages are required by State law, and if so, require the artist to pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Consultant will require the artist to comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. The artist and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the agreement between Consultant and artist. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. The artist shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work. v 08.22 B-7

EXHIBIT B

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

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

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

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

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

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

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

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

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

3. Except for professional liability insurance or workers’ compensation insurance, the v 08.22 B-8
insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

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

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

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

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

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

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

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

C. Deductibles and SIR’s. Any deductibles or self-insured retentions in v 08.22 B-9
CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses.

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

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

Rev. 08.22 C-1

EXHIBIT C

CALIFORNIA ARTS COUNCIL STANDARD AGREEMENT,

TERMS AND CONDITIONS

EXHIBIT A – SCOPE OF WORK
Expanded
With support from the California Arts Council, City of San Rafael agrees to reporting requirements (including Interim and Final Reports), agrees to send a representative contingent to any CAC-convenings, and will support the Downtown San Rafael Arts District with the following:

Develop a DSRAD Strategic Plan
Build DSRAD capacity and sustainability.

Raise DSRAD visibility.

Increase DSRAD supporter base.

Continue existing programs, events and activities delivered through DSRAD core partners.

Grow programs, events and activities as capacities are built.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS
Expanded
Grant Amount Total: $671,429 for approved Cultural Districts Activities.

GTC 04/2017

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.

Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER:

If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
EXHIBIT D – Special
Terms and Conditions
A. CALIFORNIA ARTS COUNCIL (CAC) PROVISIONS

1. STATEMENT OF THE GRANT
This Grant Standard Agreement (Grant) is awarded with the understanding that the full Grant amount will be expended during the term of the Grant period to support the project/activity as proposed by the Grantee in the application, and summarized in the Grant Description and Budget (Exhibit A – Scope of Work & Exhibit B – Budget Detail and Payment Provisions). While minor changes in the project/activity are expected, if the Grantee wishes to modify the fundamental intentions of the project/activity, prior written approval of the CAC is required prior to the end of the project/activity period.

2. GRANT CONTRACT RETURN DATES
A copy of the Grant Standard Agreement shall be signed by an individual with authority to legally bind the organization within 30 days from receipt of the contract documents receipt of the grant notification email. If the Grant Standard Agreement is not returned to the CAC by the final date indicated, there could be delays in receiving the grant award payment or forfeiture of the grant.

3. FINAL REPORT
The Final Report shall be submitted to the CAC thirty (30) days after the grant activity end date.

Failure to submit the final report could impact eligibility for a future CAC grant.

4. PROGRAM SPECIALISTS AND ORGANIZATIONAL CONTACTS
The designated CAC Program Specialist shall be the primary contact person during the execution of this Grant with responsibility for facilitating communications and efficient interaction between the CAC and the Grantee. The grantee shall also be responsible for designating appropriate staff contact for this grant.

Should a change of the CAC’s Program Specialist or of the Grantee’s contact occur, the other party shall be notified in writing at the time of the change.

5. GRANTEE NAME CHANGE
An amendment is required to change the Grantee’s name as listed on this Grant Agreement.

Upon receipt of legal documentation of the name change, the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

6. ACKNOWLEDGMENT OF RECEIPT OF GRANT
Grantees are required to prepare and mail thank you letters to the Governor, the State of California Assembly member and Senator representing the Grantee. Grantee shall return one copy of each letter to the CAC with the Grant agreement. You can identify your State Assemblymember and your State Senator at http://findyourrep.legislature.ca.gov/.

7. AMENDMENTS
Grantees can request amendments in the event of a Scope of Work, budget or timeline change. This request must be done in writing and submitted to CAC no less than sixty (60) days before the end of the grant activity period end date. Requests submitted after this date cannot be processed.

8. COST RECORDS
Grantee shall maintain complete, accurate, and current records of all income, including obligations incurred with respect thereto. Such records, or copies of such records, shall be kept separate from other cost records. During the duration of the activity and for not less than three years after completion or termination of the activity, Grantee shall make available for examination or audit any books, documents, papers, or records pertaining to the activity.

Upon request by the CAC, the Grantee shall furnish at its own expense legible copies of materials deemed pertinent, within 10 working days from receipt of the request.

9. MATERIALS DEVELOPED UNDER TERMS OF THE GRANT
a. Ownership
CAC does not claim ownership, copyrights, royalties, or other claims to artwork produced as a result of a CAC Grant. However, the CAC reserves the right to reproduce and use such materials for official, noncommercial purposes.
b. Documentation
Documentation of artwork created and/or activities supported by this Grant is required.

Professional quality digital photography is encouraged where feasible, and high-resolution images provided in JPEG format is preferred. For questions regarding photo documentation formats please contact your CAC Program Specialist.

10. CAC ACKNOWLEDGEMENT
a. Logos
In order to further the CAC’s effort to create recognition for public arts funding in California, the CAC requires that the Grantee display the CAC logos on all printed and electronic matter (websites, programs, catalogs, postcards, posters, newsletters, leaflets, publications, etc.).

The Grantee shall display the logos at a size and dimension that assures their visibility and the viewers’ comprehension of them. If displaying the CAC logo in electronic materials, embed the following link with the corresponding images: www.arts.ca.gov All logos, as well as the Logo Usage Guidelines for Grantees, can be downloaded from the CAC website at https://arts.ca.gov/logos/. For additional assistance, contact the CAC Graphic Designer Wendy Moran at [email protected]. b. Additional CAC Graphics
The CAC also encourages Grantees to use the California Arts License Plate logo and the Keep Arts in Schools logo on all relevant printed and electronic materials. This will assist the CAC in increasing public awareness of these programs and their support for arts education and local arts programming. If displaying these logos in electronic materials, embed the following links with the corresponding images:

Arts License Plate: www.artsplate.org
Keep Arts in Schools Voluntary Contribution Fund: www.arts.ca.gov/getinvolved/kais.php c. Acknowledgement Language
Grantee is to acknowledge the receipt of CAC funding by using the following phrase in all materials produced as a result of receiving this award, and in any interviews with the media or during events when appropriate: “This activity is supported in part by the California Arts Council, a state agency. Learn more at www.arts.ca.gov.” d. Disclaimer Language
If published, recorded, or visual material (such as in a magazine, film, video, book or brochure) espouses an editorial viewpoint, Grantee must specify in the material that "Any findings, opinions, or conclusions contained herein are not necessarily those of the California Arts Council.”

11. SUBSCRIPTIONS
All Grantees will be subscribed to the California ArtBeat newsletter at the email address provided to CAC staff or as noted in the original application. In addition, it is the Grantee’s responsibility to advertise to its arts organization constituents how to subscribe to the California ArtBeat.

Instructions: Visit https://arts.ca.gov/news/artbeat/ and provide your Email Address, First Name, and Zip Code to subscribe.

12. RESOLUTION OF DISPUTES
If Grantee disputes any action by the CAC arising under or out of the execution of this Grant, Grantee shall notify the CAC of the dispute in writing and request a claims decision. The CAC shall issue a decision within 30 days of the Grantee's notice. If the Grantee disagrees with the CAC's decision, the Grantee shall submit a formal claim to the Director of the CAC or to the Director's designee.

The decision of the Director or the Director's designee shall be final and conclusive. The decision may encompass facts, interpretations of the agreement, and determinations or applications of law. The decision shall be in writing following an opportunity for the Grantee to present oral or documentary evidence and arguments in support of the claim.

13. FUNDING CONTINGENCY
This Grant is valid and enforceable only if the State’s Budget Act of the appropriate fiscal year makes sufficient funds available to the CAC for the purposes of this program.

Additionally, this Grant is subject to any additional restrictions, limitations, conditions, and/or cancellation enacted by the Legislature, which may affect the provisions, terms, or funding of this Grant. The State has the authority to terminate any or all Grants.

14. TERMINATION
It is mutually agreed that either party may cancel this Grant by giving 30 calendar days advance written notice. Within 30 days of termination by either party, Grantee agrees to furnish the CAC with an itemized accounting of funds expended, obligated, and remaining under this Grant.

Failure to comply with the terms of this Grant may lead to the cancellation of this Grant.

B. OTHER STATE OF CALIFORNIA PROVISIONS
The Grantee is responsible for complying with all applicable local, State, and/or Federal laws associated with this Grant.

C. OTHER PROVISIONS

FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS GRANT STANDARD

AGREEMENT MAY DISALLOW THE GRANT RECIPIENT FROM FUTURE CAC FUNDING CONSIDERATIONS.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development Department Prepared by: Greg Minor, Assistant Director City Manager Approval: ______________ TOPIC: 620 CANAL STREET ACQUISITION
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO:

1. NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH MARIN COUNTY FOR A MINIMUM OF $1,150,000 IN

MEASURE A LAND PRESERVATION AND PARK ACCESS PROGRAM FUNDS (“MEASURE A FUNDS”), ACCEPTING AND APPROPRIATING GRANT FUNDS;

2. NEGOTIATE AND ENTER INTO A PURCHASE AND SALE AGREEMENT AND ANCILLARY DOCUMENTS FOR THE PROPERTY LOCATED AT 620 CANAL STREET, PROVIDED THE CITY’S CONTRIBUTION TO THE PURCHASE PRICE DOES NOT EXCEED $500,000, PLUS SAID MEASURE A FUNDS RECEIVED; AND

3. TO TAKE ACTIONS NECESSARY OR INCIDENTAL TO CARRYING OUT THE

INTENT OF THIS RESOLUTION
RECOMMENDATION:

Staff recommends that the City Council adopt the above-referenced Resolution authorizing the purchase of 620 Canal Street, Assessor’s Parcel Number (APN) 014-162-01, to serve as a park and potential base of a bicycle and pedestrian bridge across the San Rafael Creek (Canal).

BACKGROUND:

The property at 620 Canal Street is 1.65 acres of land located along the southern edge of the Canal at the end of Canal Street northwest of Harbor Street. The property is designated as Marine-related Mixed Use within the General Plan and currently consists of three buildings, storage racks, and containers that support maritime uses. This property has been identified as a potential park and possible location for the southern landing of a bicycle and pedestrian bridge between the Canal Neighborhood and destinations north of San Rafael Creek.

The Canal neighborhood has limited access points to the rest of the City of San Rafael (City) due to the neighborhood being bordered by the San Rafael Creek (Canal) and the Highway 101 and Interstate 580 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
freeways. The Canal neighborhood and the City have identified the desire to have a bicycle and pedestrian bridge in multiple planning documents including, the Bicycle and Pedestrian Master Plan (2018) and Downtown Precise Plan (2021). Most recently, the City Council identified as part of the Fiscal Year 2025-2028 Strategic Plan Goal B.1.3: “Conduct East San Rafael Canal Crossing feasibility study and pursue partnerships and funding sources for possible construction of a swing bridge.” On April 7, 2025, the City Council authorized the acceptance of a $1,575,000 Active Transportation Program (ATP) grant to fund a feasibility study of the San Rafael Crossing Project. Although the City has been awarded an additional $2.35 million in ATP grant funds for bridge design and subsequent phases, the City will only utilize these funds if the study determines a bridge is feasible.

Additionally, the property at 620 Canal Street is ideally suited for transformation into an outdoor community gathering space and recreational gateway to the Canal and San Francisco Bay. Residents have long recognized the need for more public parks, plazas, walkways, and recreational amenities in the Canal neighborhood. Both the City’s 2009 Canalfront Conceptual Design Plan and its 2023 Parks and Recreation Master Plan incorporate community recommendations for such amenities. A site of this type and location will be highly competitive for future park development grant opportunities.

ANALYSIS:

In the fall of 2024, the Trust for Public Land (TPL) began negotiating with the property owner on behalf of the City, culminating in an executed purchase and sale agreement in December 2024. After months of negotiations, the TPL and the property owner have reached an agreement on a sale price of $3,335,000. With respect to funding the purchase, Table 1 outlines the anticipated contributions from the City, the County of Marin, and the TPL:

Table 1: 620 Canal Street Acquisition Funding
Funding Source Amount
City of San Rafael $500,000
Marin County (Measure A Grant) $1,150,000
Private Philanthropy (Fundraised by TPL) $1,705,000
TOTAL $3,355,000
The TPL requests that the County of Marin and the City formalize their funding commitments before the end of TPL’s due diligence period on July 18, 2025. Following the City Council’s consideration of the attached Resolution on June 23, 2025, the Marin County Board of Supervisors will consider approval of a Measure A Grant on July 8, 2025, which would provide funding for purchasing 620 Canal Street provided the property serves as a public park. If the City Council and Marin County Board of Supervisors provide approvals consistent with the above timeline, the TPL has indicated that it will have the assurance it needs to finalize the purchase of the property. Ultimately, after July 18, the TPL has thirty days to close on the property.

Although the property may take years to secure funding to make the property safe for public access and enjoyment, purchasing 620 Canal brings the City closer to providing this much needed public space and the potential landing place for a pedestrian and bicycle bridge. The longer-term planning for a future park and bridge could take a decade, depending on funding and environmental clearance. However, ownership of this property should make the City more competitive for future grants that the City will need to build these future improvements. Additionally, securing the property now will eliminate the uncertainty, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
time, and resources the City would otherwise have to expend to obtain the land through either an alternative voluntary transaction or eminent domain.

To mitigate the cost of operating a park at 620 Canal Street, staff intends to pursue an agreement with Marin County to assist with the property’s maintenance.

ENVIRONMENTAL REVIEW:

This Project is exempt from environmental review under Public Resources Code Section 21080.28(a)(1)(F) and California Environmental Quality Act Guideline 15325(f) because it involves the acquisition of land for park purposes, partially funded by Measure A funds from the County. The County has found that projects satisfying Measure A requirements and receiving funding are exempt from CEQA under the foregoing provisions.

COMMUNITY OUTREACH:

For decades, community members have advocated through multiple processes for more public gathering spaces in the Canal and a pedestrian and bicycle crossing of the San Rafael Creek. The City maintains a project website for the feasibility study of the Canal Crossing Project. Staff will present the proposed acquisition to the City’s Park and Recreation Advisory Commission, who will meet at 618 B St on June 25th at 6:00pm. Additionally, the Marin County Board of Supervisors will consider awarding Measure A Grant funds for the Project during its July 8th meeting.

FISCAL IMPACT:

The acquisition of 620 Canal Street will result in short-term and long-term fiscal impacts to the City. In the short term, the acquisition will require a funding commitment of $500,000 toward the purchase of the property. Funding has been provided in the FY 2025-26 Adopted Budget via appropriations of $375,000 within in the Parkland Dedication Fund (240) and $125,000 within the Capital Improvement Fund (401).

In the long term, the City will need to identify additional funding, either through grants or future investment of City funds, to cover the costs associated with securing the property, making it safe for public access, and developing the property into a park. Staff have not had the opportunity to quantify the precise costs of these long-term improvements. However, initial estimates suggest that the medium-term costs could require hundreds of thousands of dollars, and the long-term costs of developing and constructing the park will require tens of millions of dollars. Notably, the City can avoid incurring these significant mediumand long-term costs until the City secures a grant or other funding to advance the Project.

OPTIONS:

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

1. Adopt the proposed Resolution.

2. Direct staff to return with more information.

3. Do not approve the Resolution.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the above-referenced Resolution authorizing the purchase of 620 Canal Street, Assessor’s Parcel Number (APN) 014-162-01, to serve as a park and potential base of a bicycle and pedestrian bridge across the San Rafael Creek (Canal).

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO:

1. NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH MARIN COUNTY FOR A MINIMUM OF $1,150,000 IN

MEASURE A LAND PRESERVATION AND PARK ACCESS PROGRAM FUNDS (“MEASURE A FUNDS”); ACCEPTING AND APPROPRIATING GRANT FUNDS;

2. NEGOTIATE AND ENTER INTO A PURCHASE AND SALE AGREEMENT AND ANCILLIARY DOCUMENTS FOR THE PROPERTY LOCATED AT 620 CANAL STREET, PROVIDED THE CITY’S CONTRIBUTION TO THE PURCHASE PRICE DOES NOT EXCEED $500,000, PLUS SAID MEASURE A FUNDS RECEIVED; AND

3. TO TAKE ACTIONS NECESSARY OR INCIDENTAL TO CARRYING OUT THE

INTENT OF THIS RESOLUTION
WHEREAS, The Canal neighborhood is physically isolated from other parts of San Rafael by the San Rafael Creek (Canal) and the Highway 101 and Interstate 580 freeways; and WHEREAS, Several City Council adopted city planning documents including the Downtown Precise plan (2021) and the Citywide Bicycle and Pedestrian Plan (2018) have identified the need for a bicycle and pedestrian bridge connection from the Canal neighborhood to the north side of the Canal;
WHEREAS, Over a third of Canal neighborhood residents live in poverty; and WHEREAS, Encouraging walking and cycling, improving connectivity and providing accessible affordable recreational resources to low-income communities further goals adopted by the San Rafael City Council in the General Plan 2040, Downtown Precise Plan, Bicycle and Pedestrian Master Plan, Parks and Recreation Master Plan, Canal Neighborhood CommunityBased Transportation Plan and Capital Improvement Plan; and WHEREAS, The property at 620 Canal Street, Assessor’s Parcel Number 014-162-01, is ideally situated to serve as one end of a bicycle and pedestrian bridge crossing the San Rafael Creek (Canal) and offers access to a potential waterfront park; and WHEREAS, The Trust for Public Land (TPL) has entered into a purchase and sale agreement for the property at 620 Canal Street; and
WHEREAS, TPL’s purchase and sale agreement relies on a combination of funds from the City of San Rafael, the County of Marin (”County”) Measure A Land Preservation and Park Access Grant Program Funds, and Private Philanthropy and is contingent upon sufficient Private Philanthropy Funds being available for the purchase; and WHEREAS, on June 2, 2025, the City Council approved the City’s Fiscal Year 2025-26 budget, which includes $500,000 in budget appropriations within the Parkland Dedication Fund ($375,000), and Capital Improvement Fund ($125,000), supporting the City’s funding contribution toward the purchase of the property; and
WHEREAS, on July 8, 2025, the County Board of Supervisors will consider authorizing an award of $1,150,000 in Measure A proceeds to fund the Project (defined below), finding that the Project was consistent with Measure A requirements; and WHEREAS, the County has found that its program for Measure A funds is exempt from environmental review pursuant to Public Resources Code Section 21080.28(a)(1)(F) and California Environmental Quality Act Guideline 15325(f); and WHEREAS, the City of San Rafael desires to purchase the property at 620 Canal Street to redevelop it as a park with the potential for an urban and pedestrian pathway to cross the canal to provide connectivity within San Rafael (“Project”).

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds that the foregoing recitals are true and correct and authorizes as follows:

1. The City Manager is authorized to negotiate and execute a grant agreement, in a form approved by the City Attorney or his designee with the County of Marin for a minimum of one million, one hundred and fifty thousand dollars ($1,150,000) Measure A Land Preservation and Park Access Program Funds (“Measure A Funds”); and authorize acceptance and appropriation of Measure A grant funds, for purposes as specified;

2. The City Manager is authorized to enter into a Purchase and Sale Agreement and ancillary documents in a form approved by the City Attorney or his designee to acquire the property located at 620 Canal Street, provided the City’s contribution to the purchase price does not exceed $500,000, plus the Measure A Funds received from the County for the purchase of the property; and

3. The City Manager is authorized to take any action necessary or incidental to carrying out the intention of this Resolution, including, but not limited to, payment of transaction costs, which are customary for a buyer to pay or as agreed to in the purchase and sale agreement.

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 23rd day of June, 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: 7.a
Meeting Date: June 23, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public Works
Jonathan Schellin, Deputy Director
of Public Works
City Manager Approval: ________
TOPIC: BAYPOINT LAGOONS ASSESSMENT DISTRICT
SUBJECT: RESOLUTION CONFIRMING THE ENGINEER’S ANNUAL REPORT FOR THE

BAYPOINT LAGOONS ASSESSMENT DISTRICT AND THE ASSESSMENT DIAGRAM

CONNECTED THEREWITH AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2025-26
RECOMMENDATION:

Staff recommends the City Council hold a public hearing and adopt the resolution ordering the levy of assessments for Fiscal Year (FY) 2025-26.

BACKGROUND:

To comply with provisions of the Landscaping and Lighting Act of 1972, which governs this type of assessment District, the City Council must approve an Engineer’s report annually. Assessments to be collected by the District must be allocated and levied annually after an appropriate public hearing, which will be held this year on June 23, 2025.

The Baypoint Lagoons Landscaping and Lighting District (Assessment District) was formed in 1990 to protect and enhance wildlife habitat and water quality in the Baypoint (Spinnaker) Lagoons, the adjacent ponds, and the diked salt marsh. There are four total ponds/lagoons located within the Assessment District. Maintenance provided by this District has historically included mowing around the lagoon, replanting areas with native vegetation, and eradicating exotic plants such as cattails.

Since the mid-2000s, the Baypoint Lagoons Homeowners
Association (HOA) has taken a more active role in the
landscaping of the lagoon areas. In recent years, the HOA, as opposed to the Assessment District, has funded landscaping and biannual mowing of the grass around the lagoon. In 2015, the landscaping and eradication of non-native species moved to Assessment District boundaries (yellow)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a manageable maintenance level. The HOA approached the City with two major concerns: the seasonal odor nuisance from the lagoons and the related need for improvements to the nearby Cayes Stormwater Pump Station. The homeowners agreed that Assessment District funds could be used toward these priorities.

Assessment District Funds Overview and Update
The Assessment District was originally structured with three dedicated funds, each serving a specific purpose in support of the environmental health and infrastructure needs of the lagoon and surrounding areas:

1. Eradication of Exotic Plants Fund
This fund was established as the primary funding source to protect and enhance wildlife habitat in the lagoons, ponds, and diked salt marshes within the district boundaries. While the homeowners' association (HOA) assumed maintenance responsibilities for the waterfront and lagoon edges in the mid-2000s, the City has continued to perform periodic vegetation maintenance within the lagoon itself and on the islands.

2. Environmental Monitoring Fund
This fund was created in response to residents’ concerns about lagoon odors, especially during the summer months. Although the salt pond, believed to be the primary source of the odor, is located on private property, the proximity to residential areas prompted community members to request that the District use its funds to study odor mitigation. In 2014, the City partnered with Siegel Environmental to complete a comprehensive study on lagoon health and odor control options. In recent years, manual gate adjustments by Public Works staff to regulate water levels have successfully minimized odor complaints and enhanced lagoon recharge.

3. Cayes Stormwater Pump Station Improvements Fund
Although located just outside the District, the Cayes Stormwater Pump Station is a critical component of the lagoon system, providing essential drainage and odor control functions. Since 2006, the District has allocated funds annually to modernize the station’s control systems.

Upgrades to support more efficient and remote operations would help improve water level management and reduce odor risks caused by algae growth and hot weather.

In an effort to better reflect the District’s long-term environmental goals and today’s reality, the Eradication of Exotic Plants Fund and Phase II Environmental Monitoring Fund have been merged into a newly created Habitat Protection Fund. This change recognizes the overlap in purpose and desired outcomes of the two legacy funds and allows for a more strategic, flexible, and holistic approach to managing and improving the ecological health of the lagoon system.

The Habitat Protection Fund will support a broad range of environmental stewardship activities, including:
• Ongoing removal and control of invasive, non-native plant species that threaten the lagoon’s biodiversity and surrounding marsh habitat.
• Support implementing the recently developed WRA landscape design plan, which includes introducing native and ecologically appropriate vegetation to enhance habitat value and improve visual aesthetics.
• Irrigation system updates and water management improvements, as recommended by the design plan, to support sustainable planting efforts.
• Continued monitoring of lagoon health, including water quality, vegetation growth, and wildlife habitat, to inform adaptive management practices.
• Manual and/or automated management of lagoon water levels to help mitigate odors, support native species, and maintain the ecological balance of the water body.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The merger recognizes that effective habitat protection and environmental quality management are interconnected efforts that benefit from a coordinated funding source. This consolidated fund will allow the City and the community to respond more nimbly to emerging needs, fund multi-purpose projects, and advance shared goals related to conservation, aesthetics, and odor mitigation.

ANALYSIS:

City staff have continued efforts to regulate lagoon water levels, which has minimized odor complaints and supported lagoon recharge. Maintenance included manual regulation of water levels for stormwater and odor control, and cleaning of pipes discharging into the lagoon and connecting it to the salt marsh.

While effective, these manual operations underscore the need for an automated pump system that can be monitored by the Department of Public Works (DPW). Although the Pump Station Control Fund cannot fully cover the cost of such an upgrade, moderate contributions will continue, with the fund projected to have a balance of $100,470 on June 30, 2025. The District does not anticipate bearing the full cost of the system, recognizing broader regional benefits.

DPW also invested in a floating treatment island, to be installed in summer 2025, designed to enhance water quality through natural filtration. Floating islands support pollutant removal and aquatic habitat restoration, with research indicating reductions of up to 99% in ammonia and 95% in total suspended solids.

In response to resident concerns about vegetation and invasive species, the City engaged WRA to develop a landscape and irrigation plan. Ongoing collaboration with residents will guide any implementation efforts. Finding determinations for this work are pending. The Eradication of Exotic Plants Fund and the Phase II Environmental Monitoring Fund have been merged into a newly titled Habitat Protection Fund, expected to have a balance of $110,839 on June 30, 2025.

The activities for the Assessment District Fund during FY 2024-25 were as follows:

July 1, 2024 Fund Balance $235,419
Revenues
Assessments $25,368
Interest $8,838
Total Revenues $34,206
Assessment District Expenditures through March 31:

County fees $290
Landscaping Improvements - Floating Islands $7,852
Staff Time $8,000
Contractual Services – WRA Landscape Design $5,794
Estimated Assessment District Expenditures April 1 - June 30:

Additional Floating Island Installation Costs $3,000
Staff Time $3,500
Contractual Services - WRA Landscape Design $13,767
Total Expenditures (proj.) $42,203
Projected June 30, 2024 Fund Balance $227,421
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The attached resolutions provide for filing and approval of the Engineer’s 2025-26 Annual Report for the District and setting the public hearing on the assessments.

FISCAL IMPACT:

All revenues and expenses are generated by the Assessment District and are contained within the Baypoint Lagoons Assessment District Fund (Fund No. 235). The proposed FY 2025-26 assessment is $131.44 per parcel, which has remained unchanged since 1996. The City incurs indirect General Fund costs related to staff time spent managing the District, monitoring and adjusting the lagoon water level, and managing the capital improvements at the Cayes Stormwater Pump Station. The District pays for all direct contracted costs.

ENVIRONMENTAL ANALYSIS:

Landscaping and lighting district assessments are exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15378 (b) (4) because government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment are not considered projects.

OPTIONS:

The City Council has the following options to consider relating to this item:

1. Conduct the public hearing and adopt the resolution, thus ordering the levy of assessments for fiscal year 2025-26.

2. Do not adopt the resolution, which will result in no levy of assessments for fiscal year 2025-26.

This may result in an inability to make the required improvements in the Assessment District, as there will be no revenue collected in the coming year if the levy of assessments is not approved.

RECOMMENDED ACTION:

Staff recommends the City Council hold a public hearing and adopt the resolution ordering the levy of assessments for Fiscal Year (FY) 2025-26.

ATTACHMENTS:

1. Resolution ordering the levy and collection of assessments for FY 2025-26

2. Resolution of Intention Setting Public Hearing

3. City Engineer’s 2025-26 Annual Report.

4. Engineer’s Report Part C- Assessment Roll

5. Engineer’s Report Part E- Property Owners List

6. Engineer’s Report Part F- Diagram
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONFIRMING THE ENGINEER’S ANNUAL REPORT FOR THE BAYPOINT LAGOONS ASSESSMENT

DISTRICT AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH AND

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2025-26
WHEREAS, in accordance with Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Al Cornwell, Engineer of Work for the Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, to prepare and file an annual report for fiscal year 2025-26, a copy of which report is on file in the Department of Public Works and incorporated herein by reference; and WHEREAS, on June 2, 2024, the City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2025-26 and set a public hearing to be held on June 23rd, 2025; and WHEREAS, the Engineer’s Annual Report establishes the fiscal year 2025-26 assessment at $131.44 per parcel, unchanged since 1996; and WHEREAS, at the public hearing, the City Council provided an opportunity for interested parties to comment on the annual report, either in writing or orally, and the City Council has considered such comments.

NOW, THEREFORE IT IS HEREBY RESOLVED that the City Council does hereby confirm the diagram and assessments as set forth in the annual report of the Engineer of Work, Part C Assessment Roll and does hereby levy the assessments set forth therein for fiscal year 2025-26.

I, LINDSAY LARA, Clerk of the City of San Rafael, do hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the Council of said City on the 23rd day of June 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________________
LINDSAY LARA, City Clerk
RESOLUTION NO. 15414

SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER

IMPROVEMENTS AND SETTING A PUBLIC HEARING ON THE ANNUAL ASSESSMENT FOR THE CITY COUNCIL MEETING OF JUNE 23, 2025

BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
__________________________________________________
WHEREAS, The City Council intends to levy and collect assessments within the Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, during the fiscal year 2025-26. The area of land to be assessed is located in the City of San Rafael, Marin County.

WHEREAS, in accordance with this Council’s resolution directing the filing of an Engineer’s Annual Report, Joanna Kwok, City Engineer, has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

WHEREAS, in accordance with this Council’s resolution directing the filing of an Engineer’s Annual Report, Joanna Kwok, City Engineer, has filed with the City Clerk the report required by Section 4 of Article XIII D of the California Constitution (“Proposition 218”) and Article 4 of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act,” and together with Proposition 218, collectively, the “Assessment Law”). All interested persons are referred to that Report for a full and detailed description of the improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District.

WHEREAS, the Engineer’s Annual Report does not provide any increase in the assessment methodology or any formula or range of assessments which will increase the assessments, rather the assessment is proposed to increase based on the previously adopted methodology, and as such, under Government Code section 53753.5, the City need not further comply with the notice, protest and hearing requirements of section 53753.

NOW, THEREFORE, the City Council of the City of San Rafael, California DOES HEREBY RESOLVE as follows:

1. The foregoing recitals are true and correct.

2. This action is exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15378 (b) (4), because government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not considered a project.

3. On Tuesday, the 23rd of June 2025 at the hour of 6:00 o’clock P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held in person at the City Council Chambers.

4. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972 by publishing a copy of this resolution once in the Marin Independent Journal, publication to be completed not less than ten (10) days before June 23, 2025.

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 Council of said City on the 2nd day of June 2025, by the following vote, to wit:

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
_____________________
Lindsay Lara, City Clerk

ENGINEER'S ANNUAL REPORT
FOR

BAYPOINT LAGOONS LANDSCAPING

AND LIGHTING DISTRICT
2025 - 2026

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 2, 2025
First Meeting
June 23, 2025
Second Meeting
Prepared By:

City of San Rafael