HomeMy WebLinkAboutFD Station 57 Lease Agr. & Fire Protection Services Agr.Cirr OF Agenda Item No: 5_a
Meeting Date: June 20, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire Department
From: Cristine Alilovich, Assistant City Manager City Manager Approval:
Prepared by: Danielle Ferrigno, Management Analyst
TOPIC: COUNTY SERVICE AREA 19 FIRE PROTECTION AND LEASE AGREEMENT
SUBJECT:
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
COUNTY OF MARIN TO PROVIDE FIRE PROTECTION SERVICES TO COUNTY
SERVICE AREA 19 (CSA 19).
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
COUNTY OF MARIN PROVIDING FOR A 40 -YEAR LEASE OF COUNTY PROPERTY
AT 3535 CIVIC CENTER DRIVE AND FUNDING OF CAPITAL IMPROVEMENTS OF
FIRE STATION 57.
RECOMMENDATION: Adopt Resolutions.
BACKGROUND: The County of Marin and the City of San Rafael have had an ongoing agreement since
1976 to provide fire protection services to a number of unincorporated areas within CSA 19, which are
contiguous to the City of San Rafael (Santa Venetia, Los Ranchitos, Country Club, Bayside Acres and
California Park).
As part of the 1976 agreement the County leased the land at 3535 Civic Center Drive for a 30 -year term,
at an annual cost to the City of $1. The City constructed Fire Station 57, with the County contributing
$85,000 to the construction, which was one half of the cost.
Over the past 40 years the San Rafael Fire Department extended fire protection coverage to other
unincorporated County areas within San Rafael, including Sun Valley, San Quentin Village, China Camp
State Recreational Area, the Richmond/San Rafael Bridge, and San Pedro Peninsula/McNear.
At the expiration of the 1976 agreement in 2006, the City and the County continued their relationship by
entering into a new "Lease Agreement" and "Fire Protection Services Agreement," each with a term of 10
years which both expire June 30, 2106. Under these agreements, the City paid market value to lease the
land where Fire Station 57 is located, and the City was compensated for fire protection services from a
negotiated "base rate" of $1.3 million. This amount was increased each Fiscal Year by the same
FOR CITY CLERK ONLY
File No.: 4-13-37 x 9-3-31
Council Meeting: 06/20/2016
Disposition: Resolution 14141 & Resolution 14142
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2
percentage salary increase as set by the firefighter collective bargaining agreement, generally 3% per
year., The City made lease payments to the County for Fire Station 57 (illustrated in Figure A below).
Figure A -Summary of CSA 19 Payments between the City and the County
ANALYSIS
The 40 -year partnership has proven to be efficient and mutually beneficial for both the City and the
County. The County's participation in these agreements helps the City to ensure the best response times
possible to all residents within the incorporated and unincorporated areas of the City of San Rafael.
In anticipation of the June 30, 2016 expiration of the current agreements, the City and the County met to
discuss alternative service and cost allocation models to best meet current and future fire service
requirements. Through a coordinated effort, we have negotiated two new agreements, for Fire Protection
Services and for leasing of County land by the City (see attached).
Fire Protection Service Agreement
Under the current fire protection services agreement, the closest available unit is dispatched to an
incident, regardless of jurisdictional or municipal boundaries, thereby providing an optimal level of
service for residents and visitors in San Rafael's response area. Engine and truck company response times
to CSA 19 and the unincorporated areas of the City are improved by the proximity of other City of San
Rafael Fire Stations. Thus, by participating in this agreement, the CSA 19 areas benefit from the
proximity of San Rafael Fire Department's six other stations.
Under the proposed Fire Protection Services Agreement, the City will continue to provide fire protection
services to CSA 19 and unincorporated areas of the County. The County has agreed to pay the City for
fire protection services in the first year of the contract at a "base rate" of $1,850,000 which will be
adjusted annually by 3% at a minimum or by the percentage in annual growth in property tax revenues,
with a maximum of 7% growth on an annual basis. This results in approximately an additional $200,000
of ongoing revenue to the City for the term of the agreement.
Total Services
City Lease
Payment by the
Payment to the
Net City
Revenue
County
to the City
County
2006/07
$
1,415,852
$
105,852
$
1,310,000
2007/08
$
1,419,028
$
109,027
$
1,310,000
2008/09
$
1,487,799
$
112,298
$
1,375,500
2009/10
$
1,511,800
$
115,667
$
1,396,132
2010/11
$
1,546,529
$
119,137
$
1,427,391
2011/12
$
1,493,007
$
122,711
$
1,370,295
2012/13
$
1,496,688
$
126,392
$
1,370,295
2013/14
$
1,557,576
$
130,184
$
1,427,391
2014/15
$
1,604,303
$
134,090
$
1,470,212
2015/16
$
1,652,432
$
138,133
$
1,514,299
Proposed
2016/17
$
1,850,000
$
142,224
$
1,707,776
Proposed increase
$
193,477
ANALYSIS
The 40 -year partnership has proven to be efficient and mutually beneficial for both the City and the
County. The County's participation in these agreements helps the City to ensure the best response times
possible to all residents within the incorporated and unincorporated areas of the City of San Rafael.
In anticipation of the June 30, 2016 expiration of the current agreements, the City and the County met to
discuss alternative service and cost allocation models to best meet current and future fire service
requirements. Through a coordinated effort, we have negotiated two new agreements, for Fire Protection
Services and for leasing of County land by the City (see attached).
Fire Protection Service Agreement
Under the current fire protection services agreement, the closest available unit is dispatched to an
incident, regardless of jurisdictional or municipal boundaries, thereby providing an optimal level of
service for residents and visitors in San Rafael's response area. Engine and truck company response times
to CSA 19 and the unincorporated areas of the City are improved by the proximity of other City of San
Rafael Fire Stations. Thus, by participating in this agreement, the CSA 19 areas benefit from the
proximity of San Rafael Fire Department's six other stations.
Under the proposed Fire Protection Services Agreement, the City will continue to provide fire protection
services to CSA 19 and unincorporated areas of the County. The County has agreed to pay the City for
fire protection services in the first year of the contract at a "base rate" of $1,850,000 which will be
adjusted annually by 3% at a minimum or by the percentage in annual growth in property tax revenues,
with a maximum of 7% growth on an annual basis. This results in approximately an additional $200,000
of ongoing revenue to the City for the term of the agreement.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 3
Lease Agreement
The proposed new Lease Agreement continues the same model where the City pays the County rent for
3535 Civic Center Drive, and also includes a County contribution for the construction of a new Fire
Station 57.
New Construction/Capital Costs
Under the original agreement, the County paid for 50% of the costs associated with the development of
Fire Station 57. The City intends to construct a new Fire Station 57 as a part of the Essential Facilities
Strategic Plan. In preparation, the Fire Department conducted a deployment study that recommended that
Medic Unit 53 -- currently located at Fire Station 53 (30 Joseph Court) -- be relocated to Station 57 to
improve response times. As a part of this agreement, the City offered the County an option to purchase
Station 53, for $1 million upon the completion of Fire Station 57 construction, as the City will be using
Station 53 as a temporary facility.
The new Fire Station 57 design includes 1,000 square feet of dedicated space for an ambulance bay to
accommodate the consolidation of the ambulance there. The CSA 19 assessment specifically provides for
"fire protection services," therefore the County's share of the new construction will be 45% of the
estimated $12 million in project costs. The 45% is derived from carving out 1,000 square feet planned as
a paramedic ambulance bay which is 10% of the total square footage of the new building and sharing the
remaining cost of $10.8M 50/50, resulting in a $5.4M County contribution to the construction of Fire
Station 57 (or 45% of the $12M total project cost).
The 2006 Lease Agreement includes a provision that requires that the County reimburse the City for
improvements made to Station 57 over the course of the 10 -year lease term. The new Lease Agreement
includes a provision whereby the County will, in recognition of those improvements, contribute an
additional $100,000 to Fire Station 57's construction costs, making the final County contribution to Fire
Station 57 an amount not to exceed $5,520,000 (or 46% of the total estimated project costs of $12M).
Length of the Agreements
The new proposed agreements have renewal options every 10 years that allow the City and the County to
continue operating under the proposed agreements for up to 40 years, until 2056. The proposed
agreements will commence on July 1, 2016 and can be terminated by either party upon 36 months
advance written notice prior to each 10 -year anniversary of the agreement.
FISCAL IMPACT
Fire Protection Services
The proposed fire protection services agreement will generate approximately $200,000 in additional
annual general fund revenue on an ongoing basis. These funds will be used to support general fund fire
suppression operations.
Lease Agreement
The City has agreed to pay the County $142,224 in FY 16/17 to lease 3535 Civic Center Drive where
Station 57 is located and to continue the 3% annual rent inflation applied to the property in past
agreements. The City is responsible for supporting any operations and maintenance costs associated with
caring for the property. The County will contribute up to $5,520,000 for capital costs associated to
building a new Fire Station 57, which represents 46% of the total costs.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 4
OPTIONS: The City Council has the following options to consider on this matter:
1. Adopt two resolutions to:
a. Enter into an Agreement to Provide Fire Protection Services to CSA 19.
b. Enter into a 40 year Lease Agreement with the County of Marin for 3535 Civic Center
Drive with provision for the County to contribute to the construction of a new Fire
Station 57 at the site.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDATION: Staff recommends that the City Council adopt resolutions to:
1. Authorize the City Manager to execute an agreement with the County of Marin to provide
Fire Protection Services to County Service Area 19 (CSA19).
2. Authorize the City Manager to execute an agreement with the County of Marin providing for
a 40 -year lease of County property at 3535 Civic Center Drive and funding of capital
improvements of Fire Station 57.
ACTION REQUIRED:
1. Adopt Resolution Authorizing the City Manager to Execute An Agreement with the County of
Marin to Provide Fire Protection Services to County Service Area 19 (CS 19).
2. Adopt Resolution Authorizing the City Manager to Execute an Agreement with the County of
Marin Providing for a 40 -Year Lease of County Property at 3535 Civic Center Drive and Funding
of Capital Improvements of Fire Station 57.
ATTACHMENTS:
1. Resolution for Fire Protection Services
2. Resolution for Lease Agreement
3. Proposed Fire Protection Services Agreement
4. Proposed Lease Agreement
COUNTY OF MARIN �''./'
Date: June 22, 2016
OFFICE OFTHE COUNTY ADMINISTRATOR
................................................................ --.................... M.kr.i�.Y R R..1 N.D..Li.M...................I...........
To: Lauren, City of San Rafael
From: Sandy Laird (c/o Kristi Viiareal = Sandy is taut today)
j
Subject: Agreements fqr Mayor Phillip's sign4ture
Enclosed are two original agreements for CSA 19 Fire Protection Services.
Please obtain Mayor Phillip's signature and send one fully executed original
back to the CAO.
Thanks,
Kristi
(415) 473-6166
RESOLUTION NO. 14141
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN TO
PROVIDE FIRE PROTECTION SERVICES TO COUNTY SERVICE AREA 19 (CSA 19)
WHEREAS, the City of San Rafael (City) participates in various shared fire protection services
agreements that provide reimbursement of costs incurred in providing emergency services to areas
outside the legal boundaries of San Rafael; and
WHEREAS, on February 17, 1976, the City and the County of Marin (County) entered into an
"Agreement for Fire Protection Services in and Around County Service Area 19," pursuant to which the
City assumed full fire protection responsibilities for County Service Area 19 (CSA 19), to be provided
substantially from City's Fire Station 57 situated upon County property leased to the City; and
WHEREAS, in 2006, the City and the County agreed to amend the 1976 Agreement and to extend it for
10 more years; and
WHEREAS, the current Agreement with the County expires on June 30, 2016 and the City and County
desire that City continue to provide fire protection services to CSA 19 to ensure the best response times
possible to all residents within the City of San Rafael and CSA 19; and
WHEREAS, City intends to construct a new Fire Station 57 on the existing site; and
WHEREAS, the staff report provided to the Council for this item contains the terms of an agreement
between the City and the County for City's continued provision of fire protection services to CSA 19
contingent upon the City and County entering into a new Lease Agreement with respect to the Fire
Station 57 site and a shared allocation of the costs of the capital improvements needed for the new Fire
Station 57.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the Mayor to
execute an agreement with the County of Marin to continue a 40 -year long mutually beneficial model of
fire prevention service delivery on the terms set forth in the staff report, subject to final approval as to
form by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of
said City held on the 201h day of June, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Gamblin, McCullough & Vice -Mayor Colin
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey and Mayor Phillips
9etZ.A G •+�P�
ESTHER C. BEIRNE, City Clerk
FIRE PROTECTION SERVICES AGREEMENT
This Agreement is made and entered into as of the day of June, 2016, by and
among the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter
"County"), COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN, a political
subdivision of the State of California (hereinafter "CSA"), and the CITY OF SAN RAFAEL, a
charter city (hereinafter "City").
RECITALS
A. The City, County and CSA have had joint powers agreements since February 17,
1976 with respect to the City's provision of fire protection services and the sharing of costs for
such services within the jurisdictional boundaries of the CSA and other nearby areas located in
the jurisdiction of the County.
B. The City, County and CSA desire to continue with such a joint powers agreement,
contingent upon the City and County entering into a Lease Agreement with respect to the
County's property that contains the Fire Station #57 Improvements owned by the City. City
intends to construct a new Fire Station #57 on the existing site, a two company prototype of
approximately 10,000 square feet with three drive-through bays, including an approximately
1,000 square foot ambulance bay, as described more fully in the Lease Agreement.
NOW THEREFORE, the parties agree as follows:
1. Fire Protection Services.
City shall house such equipment and personnel at Fire Station #57, and shall utilize such
equipment and personnel from its other fire stations in the City, to provide fire protection
services in the Service Area described in Paragraph 3 that are comparable to the fire protection
services being provided by the City's Fire Department within the incorporated boundaries of the
City. It is understood that any City obligation to provide paramedic response services to the
Service Area arises independently of this Agreement and that no funding for such paramedic
services is provided under this Agreement.
2. Fire Prevention Services.
The County shall provide fire plan review services for all building and construction
permit and planning applications involving new buildings and substantial remodels for
compliance with County Standards. The County shall notify and consult with the City as
appropriate on operational and access issues related to construction permits as well as planning
applications.
The County shall be responsible for commercial life safety inspections, vegetation
management inspections/compliance, as well as State Fire Marshal Occupancy inspections
within the agreed service area. The County shall notify the City of those inspections that reveal
violations that may affect operations and emergency response by the City.
The County will assume responsibility for fire investigation services within the Service
Area. The City shall conduct an initial investigation by virtue of its first response. However, if
any initial investigation by City determines that the cause of the fire is unknown or arson, or the
fire results in an injury, the County will conduct a fire investigation. Both parties (City and
County) agree to work collaboratively and share information.
3. Service Area.
The City's fire protection services as specified herein shall be provided for the following
areas located within the boundaries of the CSA and other nearby lands within the jurisdiction of
the County, as identified by the denoted City Fire Department Fire Management Area ("FMA")
numbers, shown on the Service Area Map attached hereto as Exhibit "A", as such FMA numbers
and Map may be amended from time to time:
Santa Venetia
China Camp
Los Ranchitos
Country Club
Bayside Acres
California Park
Point San Pedro
Sun Valley
San Quentin Village
Richmond Bridge
4. Compensation.
5770, 5772, 5773, 5775, 5779
1500
5700
5229
5553
5404
5550
1530, 5110, 5117
1502
1520
For the first year of this Agreement, CSA shall pay the City $1,850,000, adjusted
annually thereafter by the greater of (A) 3.0% OR (B) the percentage annual growth in base
property tax revenues attributed to CSA 19, as measured by relating the actual collections for the
most recent two prior fiscal year-end periods, up to a maximum of 7.0% per year.
By April 1" of each year, the City shall provide the County and the CSA with a statement
of the estimated payment due in the subsequent fiscal year, informed by County calculation of
actual property tax growth for the most recent two prior fiscal year-end periods. By July 1" of
each year, the City shall provide the County and the CSA with a statement of the actual payment
due in the subsequent fiscal year. CSA shall make its annual payment to City in two equal
installments, due on December 24 and April 24 of each year.
5. State Responsibility Lands.
Notwithstanding other provisions in this Agreement, the City's obligation under this
Agreement for fire protection services to the State Responsibility Lands portion of the Service
2
Area, for which the County has an agreement with the State of California, shall be limited to an
initial response, following which County shall assume full responsibility for wildland fire
protection services with its own personnel and equipment.
6. Term.
Contingent upon the parties having entered into the Lease Agreement, attached hereto
and incorporated herein by reference, bearing the same date as this Agreement, the term of this
Agreement shall commence on July 1, 2016 and shall continue through June 30, 2026. This
Agreement shall automatically renew for subsequent ten (10) year periods on the same terms and
conditions through 2056, consistent with the Lease Agreement, unless either party terminates this
Agreement upon 36 months' advance written notice relative to each ten (10) year anniversary
date of this Agreement, which will be June 30`" of 2026, 2036, and 2046.
In the event that any party terminates this Agreement with 36 months' advance written
notice of any ten (10) year anniversary date, the termination provisions set forth in Paragraph 5
of the Lease Agreement shall be exercised.
7. Interests in Fire Station #57 Imnrovements Not Transferable
In no event may City sell, transfer or otherwise assign its interest in the Fire Station #57
Improvements to another party without the prior written consent and agreement of the County
and CSA.
8. Amendments.
This Agreement may only be amended by written consent of all parties.
9. Notices.
All notices or communications hereunder shall be in writing and shall be sent by first
class mail, addressed to the other party at the addresses indicated below, or such other addresses
as the parties may from time to time designate in writing. Notice shall be deemed given upon
placement of the notice into the mail.
To County: County Administrator
County of Marin, Room 325
3501 Civic Center Drive
San Rafael, CA 94903
To CSA: County Administrator
County of Marin, Room 325
3501 Civic Center Drive
San Rafael, CA 94903
To City: City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SAN AEL
GAI(Y HIL PV, Mayor
ATTEST:
e-li-gfkag 2w—t,e-'e
ESTHER BIERNE, City Clerk
APPROVED AS TO FORM:
�. 2 �-'irF
ROBERT EPSTEIN, ity Attorney
4
COUNTY OF MARIN
President of the Board of Superv')ors
ATTEST:
Clerk
APPROVED AS TO FORM:
STEVEN WOODSIDE, County Counsel
�ja C t -L l . ��-•� ( , �S S
Exhibit A - Service Area Map
Exhibit A
San Rafael/Madn County
Fire Protection Agreement
Service Area Map
Fire Management Areas
San Rafael
Q CSA 19
® State Recreational Area
QCounty unincorporated
City Limits
San Rafael Boundary for Map
Other Jurisdictions
l
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) 4 CITY COUNCIL
AGENDA ITEMS -> AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 5/16/2016
From: Danielle Ferrigno
Department: City Manager
Date: 6/10/2016
Topic: COUNTY SERVICE AREA 19 FIRE PROTECTION AND LEASE AGREEMENT
Subject: .1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY
OF MARIN TO PROVIDE FIRE PROTECTION SERVICES TO COUNTY SERVICE AREA 19
(CSA 19).
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN TO ENTER
INTO A 40 YEAR LEASE AGREEMENT FOR 3535 CIVIC CENTER DRIVE AND TO FUND
CAPITAL IMPROVEMENTS OF FIRE STATION 57.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
M Finance Director
Remarks: approved MM - 06/13 and then again on 6/14
M City Attorney
Remarks: LG -Approved 6/14/16.
® Author, review and accept City Attorney / Finance changes
Remarks:
® City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO. 14142
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN
PROVIDING FOR A 40 -YEAR LEASE OF COUNTY PROPERTY AT 3535 CIVIC CENTER
DRIVE AND FUNDING OF CAPITAL IMPROVEMENTS OF FIRE STATION 57
WHEREAS, on February 17, 1976, the City of San Rafael (City) and the County of Marin (County)
entered into an "Agreement for Fire Protection Services in and Around County Service Area 19" under
which the County leased approximately 35,284 square feet of land at 3535 Civic Center Drive on a 30 -
year lease term to the City, on which the City constructed Fire Station 57 in conjunction with the County,
and from which the City has provided fire protection services to County Service Area 19 (CSA 19); and
WHEREAS, in 2006, the City and the County agreed to amend the 1976 Agreement and to extend it for
10 more years; and
WHEREAS, the current 2006 Agreement expires on June 30, 2016; and
WHEREAS, the City and the County desire to continue City's lease of the County property at 3535 Civic
Center Drive and the provision of fire protection services by the City to CSA 19; and
WHEREAS, in November 2013, the San Rafael voters passed Measure E, a three-quarter cent
transactions and use tax with a term of twenty years. This tax supplanted the former, one-half cent
transactions and use tax (Measure S), effective April 1, 2014; and
WHEREAS, in June 2014, the City Council allocated the additional funds from Measure E (i.e., the
amounts collected in excess of the prior transactions and use tax), approximately $3.7 million/year, to be
used for public safety facilities improvements and construction; and
WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic
Plan. Phase One includes a new Public Safety Center (combined police and fire station) and replacement
of Fire Stations 52 and 57; and
WHEREAS, as part of the Essential Facilities Strategic Plan, the City intends to construct a new Fire
Station 57 on the existing County lease site that is approximately 10,000 square feet with three drive-
through bays, including an approximately 1,000 square foot ambulance bay; and
WHEREAS, the City and the County agree that they should share the costs of capital improvements
required for the new Fire Station 57; and
WHEREAS, the City shall bear 54% of all Fire Station 57 project costs, including, but not limited to,
architectural services, site preparation, construction, access, landscaping, outfitting, equipping said
station, and any potential wetland mitigation costs, and in addition will bear all project costs in excess of
$12 million, if any; and
WHEREAS, the City plans to construct an ambulance bay at the new Fire Station 57 to accommodate
moving the ambulance from nearby Station 53 (30 Joseph Court) to Station 57, but the County will not
contribute to the cost of the ambulance bay because CSA 19 funds are limited to funding activities and
infrastructure that relates exclusively to "structural fire protection," thus, the County of Marin agrees to
bear 46% of the Fire Station 57 project costs, not to exceed $5,520,000. _
WHEREAS, the City will give the County a one-year option to purchase 30 Joseph Court for $1 million
commencing upon City's occupancy of the newly constructed Fire Station 57; and
WHEREAS, the lease agreement is for a period up to 40 years contingent upon the County's contribution
to Fire Station 57 capital improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the Mayor to
execute an agreement with the County of Marin, , subject to final approval as to form by the City
Attorney, providing for the continued lease of the property at 3535 Civic Center Drive to City and the
sharing of the costs of Fire Station 57 capital improvements as stated in this Resolution
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City held on the 20`h day of June, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Gamblin, McCullough & Vice -Mayor Colin
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey and Mayor Phillips
ESTHER C. BEIRNE, City Clerk
Ia-xM�/:�el��lBiui�Ii:Y1
This Agreement is made and entered into as of the % ls, day of June, 2016, by and among the
COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "County"),
COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN, a political subdivision of the State of
California (hereinafter "CSA"), and the CITY OF SAN RAFAEL, a charter city (hereinafter "City").
RECITALS:
A. The City, County and CSA are entering into a Fire Protection Services Agreement for
County Service Area 19 and adjoining areas, which is contingent upon the parties entering into this
Lease Agreement for the lease of the lands described hereafter in Paragraph 4.
B. The City owns the Fire Station #57 Improvements located on property owned by the
County. The County's property that is the subject matter of this Lease Agreement is fully described in
Paragraph 4 below (the "Property").
C. The current Lease Agreement for the Property between the City and County, dated June
20, 2006, terminates on June 30, 2016.
D. The County desires to continue to lease the Property to the City, and City desires to
continue to lease the Property from the County.
E. The City intends to construct a new Fire Station #57 on the existing site as presented
and described in Exhibit A — Fire Station #57 Design, a two company prototype of approximately
10,000 square feet with three drive-through bays, including an approximately 1,000 square foot
ambulance bay (the "Improvements").
NOW THEREFORE, the parties agree as follows:
Construction of New Fire Station #57.
A. The City shall afford the County Board of Supervisors an opportunity, prior to City's
final approval of the design, to review and approve design plans, color(s) and material board(s), and
specifications relating to the construction of new Fire Station #57 Improvements on the existing site as
described in Exhibit A. All exterior Improvements on the Property shall conform, to the extent
applicable, with the County Civic Center Master Plan Guidelines, adopted by the Board of Supervisors
on December 20, 2005, on file with the County Clerk, and shown on the County's website at
httn://www.niarincountv.oi-L/dents/ad/divisions/facility-planning-and-development.
B. Total project costs are estimated at $12.0 million, consistent with $11.7 million per City
of San Rafael "Essential Facilities Strategic Plan: Detailed Facility Study - Replacement of Fire Station
52 & Training Tower and Fire Station 57, Volume III, page III -47" prepared by Mary McGrath
Architects, 2015, plus an estimated $300,000 for potential wetlands mitigation, totaling $12.0 million.
C. City shall bear 54.0% of all project costs, including, but not limited to, architectural
services, site preparation, construction, access, landscaping, outfitting, equipping said station, and any
potential wetland mitigation costs. City shall bear all project costs in excess of $12.0 million, if any.
D. In consideration of City's interest in consolidating Medic Unit #53 at 30 Joseph Court
into the proposed new Fire Station #57, and also in consideration of CSA's limitation of its property
tax revenues for "structural fire protection" services per voter intent in 1974, CSA agrees to bear
46.0% of said project costs, not to exceed $5,520,000.
Said 46% share is derived from the proportion of the planned 1,000 square foot ambulance bay
relative to the overall approximately 10,000 square foot new Fire Station 457 design footprint, for a
10% (or $1.20 million) direct Emergency Medical Services "discount" from the $12.0 million total
estimated cost per Paragraph 1(B) above to accommodate consolidation of City's Medic Unit #53 into
the new Fire Station #57, resulting in an initial $5.40 million CSA share split equally with City. Said
$5.40 million initial CSA share is increased by an additional $100,000 CSA contribution consistent
with Section 7, "Purchase from City of Improvements Upon Termination", of Lease Agreement
expiring June 30, 2016, for a rounded 46.0% CSA share of $12.0 million total cost, not to exceed
$5,520,000.
E. City further agrees that Section 7, "Purchase from City of Improvements Upon
Termination", of the Lease Agreement expiring June 30, 2016, is satisfied in full in consideration of
CSA's 46.0% contribution toward construction of the new Fire Station #57 Improvements, and that no
separate payment to City is required or to be paid upon expiration of the Lease Agreement expiring on
June 30, 2016 for existing improvements.
F. County agrees to cooperate with City to mitigate any wetland issues at Fire Station #57
site on County land, if viable, but City is ultimately responsible for development and any wetland
mitigation costs.
G. During the period of construction of Fire Station #57 Improvements, City agrees to fund
any improvements, if necessary, to ensure interim operations at 30 Joseph Court in consultation with
County given potential subsequent County use of the 30 Joseph Court site.
H. CSA agrees to the payment of its share of costs as set forth in Paragraph 1(D) above, for
the construction of new Fire Station #57 Improvements, to be made to the City based on a pro -rating of
progress payments by the City for costs of said design and construction, estimated to be no more than
quarterly until construction is complete.
2. Option to Purchase 30 Joseph Court.
City agrees to give County the option to purchase 30 Joseph Court for $1.0 million
commencing upon City's occupancy of the newly constructed Fire Station #57, with said option to
purchase for $1.0 million terminating one year thereafter. County has expressed interest in purchasing
the site and will commence a due diligence process upon City's occupancy of the new Fire Station #57.
County shall exercise the option to purchase by written notice of exercise served on City as provided in
Paragraph 15 below. In the event that County does not exercise such option within the one year option
period, City may thereafter sell 30 Joseph Court to any other third party or to the County on such terms
and at such price as the City may determine, in its sole discretion.
3. Title to Fire Station #57 Improvements.
4
City and County agree that the City shall continue to hold title to the Fire Station #57
Improvements on the Property until such time as this Agreement shall terminate, June 30, 2056, at
which time the County or CSA shall receive title to such improvements as provided in Paragraph 9
hereafter.
4. Lease of Lands.
For and in consideration of the covenants and promises hereunder, County does hereby lease to
City, and City does hereby lease from County, the lands consisting of approximately 31,422 square
feet, or 0.72 acres, described as the "Proposed Lease" on Exhibit `B" attached hereto (the "Property"),
pursuant to the terms set forth herein.
5. Term.
Contingent upon the parties having entered into the Fire Protection Services Agreement,
bearing the same date as this Lease Agreement, the term of this Lease Agreement shall commence on
July 1, 2016 and shall continue through June 30, 2056, unless either party terminates the Fire
Protection Services Agreement per Paragraph 6 of that Agreement, attached hereto and incorporated
herein by reference.
Should either party terminate the Fire Protection Services Agreement before June 30, 2056, the
other party shall have the option to purchase the remaining amortized value of the other's percentage
share of the Improvements, per Paragraph 1(C) or 1(D) above, as applicable, to ensure continuity of
fire protection services to the community, assuming a 40 -year amortization of the other's percentage
share of the up -to $12.0 million gross project costs at a 3.0% discount rate per year.
In the event the City terminates the Fire Protection Services Agreement, County or CSA shall
have the option to purchase the remaining amortized value of the City's percentage share of the
Improvements, with one hundred twenty (120) days' notice to the City at any time during the
remaining lease term through June 30, 2056, in which case the remaining leasehold title vested with
the City per this Lease Agreement shall be terminated and full title to the Improvements shall vest with
the County or CSA.
In the event the County or CSA terminates the Fire Protection Services Agreement, City shall
have the option to purchase the remaining amortized value of the CSA's percentage share of the
Improvements, with one hundred twenty (120) days' notice to the County and CSA at any time during
the remaining lease term through June 30, 2056, provided that after June 30, 2056 County or CSA shall
receive full title to the Improvements from the City as provided in Paragraph 9 hereafter. Should City
exercise said option before June 30, 2056, City shall have the rights to continued use of the
Improvements as a fire station during the remainder of the leasehold period, contingent upon City
maintaining its rent obligations as provided in Paragraph 6 hereafter, as well as all other provisions of
this Lease Agreement for the remainder of the leasehold period.
6. Rent.
On or before the first day of each calendar month during the term of this Agreement, without
any prior demand by County, City shall pay to County a monthly rental of $11,854.75, which amount
shall be increased by 3.0% annually, commencing with July 1, 2017.
3
7. Operation and Maintenance Expenses.
The City, as owner of the Fire Station #57 Improvements on the Property, shall be responsible
for all operating and maintenance expenses related to the Improvements, including all utilities. The
City shall also be responsible for landscape maintenance on the Property.
8. Future Changes to the Improvements.
After the initial construction of the Improvements as described in Paragraph 1 above, the City
may make non-structural alterations, renovations, replacements, or other changes to the interior spaces
of Fire Station #57 Improvements that do not affect the total square footage, dimension or height of
such building, or the external appearance of the building, without requiring the written consent of the
County. The City may also replace the roof on the Fire Station #57 building, make landscape
improvements, and make repairs to the existing paved parking lot on the Property, without the written
consent of the County. Any other exterior changes to the Improvements on the Property (including
structural alterations, renovations, replacements, or other changes to the Fire Station #57
Improvements that affect the total square footage, dimension or height of such Improvements, or the
external appearance of the Improvements) shall require the County's written consent, and shall
conform, to the extent applicable, with the County Civic Center Master Plan Guidelines, adopted by
the Board of Supervisors on December 20, 2005, on file with the County Clerk, and shown on the
County's website at littn://wAvA.v.inarincountN,.or�,,/dents'lad!divisions/facility-i)lannin��-and-
deN elopment. City shall provide the County with at least ninety (90) days' advance written notice of
any changes to the Property that will cost more than $100,000 and have a useful life greater than five
(5) years ("Special Improvements"). Any changes to the exterior of the Improvements, or any Special
Improvements, may require approval by the Frank Lloyd Wright Civic Center Conservancy and/or the
Board of Supervisors prior to City's implementation of such changes.
9. Vesting of Improvements Upon End of Term.
Upon completion of this Lease Agreement per Paragraph 5, County or CSA is hereby afforded
full title to the Improvements.
10. Interests in Fire Station #57 Improvements Not Transferable
In no event may City sell, transfer or otherwise assign its interest in the Improvements to
another party without the prior written consent and agreement of the County and CSA.
11. Destruction or Damage to Improvements.
Notwithstanding Paragraph 5 of this Agreement, if, during the term of this Agreement, the Fire
Station #57 Improvements are totally destroyed or damaged to the extent that the Improvements are no
longer suitable or adequate for use as a fire station, all rent due under the Agreement shall be totally
abated effective as of the date of destruction or damage, and City may elect to either reconstruct or
repair the Improvements or to terminate this Agreement by giving written notice to the County within
three (3) months following such destruction or damage. If the City elects to reconstruct or repair the
Improvements, City shall commence such reconstruction or repair within one (1) year after giving
notice of such election, and upon the completion of such reconstruction or repair the full monthly rent
0
payable under the Agreement shall again become payable for the remaining term of the Agreement. If
the City elects to terminate the Agreement due to the destruction or damage of the Fire Station #57
Improvements, City shall clear the Property of the destroyed or damaged Improvements and title to the
Property shall be vested free and clear to the County.
12. Indemnification.
City shall defend, protect, indemnify and hold harmless the County against and from any and
all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including,
without limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising
out of the City's negligence or willful misconduct, or the City's operations on the Property under this
Agreement, including any Claims under any Federal or State regulations related to accessibility.
County shall defend, protect, indemnify and hold harmless the City against and from any and all
claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without
limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising out of
the County's negligence or willful misconduct related to this Agreement.
13. Hazardous Materials.
City shall be responsible for the disposal in accordance with applicable laws of any hazardous
materials placed on the Property by City or City's agents, and shall defend, protect, indemnify and
hold harmless the County against and from any claims, suits, liabilities, judgments, costs, demands,
causes of action and expenses (including without limitation reasonable attorneys' fees, costs and
disbursements) arising from such hazardous materials. County shall be responsible for the disposal in
accordance with applicable laws of any other hazardous materials found on the Property, and shall
defend, protect, indemnify and hold harmless the City against and from any and all claims, suits,
liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation,
reasonable attorneys' fees, costs and disbursements) arising from such other hazardous materials.
14. Amendments.
This Agreement may only be amended by written consent of all parties.
15. Notices.
All notices or communications hereunder shall be in writing and shall be sent by first class
mail, addressed to the other party at the addresses indicated below, or such other addresses as the
parties may from time to time designate in writing. Notice shall be deemed given upon placement of
the notice into the mail.
To County: County Administrator
County of Marin, Room 325
3501 Civic Center Drive
San Rafael, CA 94903
To CSA: County Administrator
County of Marin, Room 325
3501 Civic Center Drive
San Rafael, CA 94903
To City: City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
CITY OF SAN RAFA`EL
/PHILrIS,
GAR �
ATTEST:
ESTHER BIERNE, City Clerk
APPROVED AS TO FORM:
� -7 'L"'Q,FE.
ROBERT EPSTEIN, City Attorney
COUNTY OF MARIN and COUNTY SERVICE
AREA 19
President of the Board ofGrs
ATTEST:
PROVED AS TO FORM:
STEVEN WOODSIDE, County Counsel
j F C q SS ( ro
0
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) 4 CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 5/16/2016
From: Danielle Ferrigno
Department: City Manager
Date: 6/10/2016
Topic: COUNTY SERVICE AREA 19 FIRE PROTECTION AND LEASE AGREEMENT
Subject: .l. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY
OF MARIN TO PROVIDE FIRE PROTECTION SERVICES TO COUNTY SERVICE AREA 19
(CSA 19).
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN TO ENTER
INTO A 40 YEAR LEASE AGREEMENT FOR 3535 CIVIC CENTER DRIVE AND TO FUND
CAPITAL IMPROVEMENTS OF FIRE STATION 57.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
® Finance Director
Remarks: approved MM - 06/13 and then again on 6/14
® City Attorney
Remarks: LG -Approved 6/14/16.
® Author, review and accept City Attorney / Finance changes
Remarks:
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
Exhibit A - Fire Station 057 Design
City of San Rafael
Essential Facilities
FIRE STATION 57
Marin County
Board of Supervisors
Presentation
May 24, 2016
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STATION S7
Exhibit A - Fire 5telian 157 Design
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LANDSCAPE PLAN /
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• . , STATION 57
Exhibit A - Pre Stetlon N57 Design
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STATION 57
Exhibit A - Fire Station /57 Design
Design Principles — From Civic Center Guidelines
• Extend and emphasize the horizontal planes.
• Create a clear line of sight toward the Civic Center spire
• Use fewer forms to present a simpler and "quieter" effect
• Roof types that are larger, simpler & visually quiet
• Harmonize all openings with good human -scaled proportions.
• Choose a simple unifying material palette
• Buildings should not mimic the Administration Building
DESIGN GUIDELINES /
CITY OF SAN RAFAEL
STATION 57
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Exthit A - Fire Station #57 Design
VIEW FROM NORTHWEST
CITY OF SAN RAFAEL
STATION S7
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Exhibit B - Lease Description
LEGAL DESCRIPTION FOR
FIRE STATION LEASE AREA AGREEMENT
All that certain Real Property situate in the City of San Rafael, County of Marin, State of
California, being a portion of the County of Marin Civic Center parcel shown on that certain
Record of Survey filed in Book 12 of Surveys, Page 77, Marin County Records, described as
follows:
Beginning at the northwest corner of Golf Avenue as shown on said Map, thence along the
northwest line of Golf Avenue and the northeasterly prolongation thereof, North 45°20'51" East,
140.96 feet;
Thence North 44039'09" West, 38.84 feet;
Thence South 45020'51" West, 3.39 feet;
Thence North 44°39'09" West, 14.65 feet;
Thence North 67009'56" West, 69.81 feet;
Thence South 85052'02" West, 22.77 feet;
Thence South 45020'51" West, 96.90 feet;
Thence South 44°39'09" East, 27.16 feet;
Thence South 45°20'51" West, 45.42 feet to the east line of Civic Center Drive, 100 feet wide as
described by County of Marin Resolution No. 9195 (Resolution and Order of the Board of
Supervisors Establishing Civic Center Drive as a County Highway);
Thence along said east line the following four (4) courses:
1) southerly along the arc of a non -tangent curve to the right having a radius of 475.00 feet,
the center of which bears South 70°05'14" West, through a central angle of 04°54'46",
an arc distance of 40.73 feet;
2) Thence South 15000'00" East, 27.95 feet;
3) Thence along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 09045'00", an arc distance of 85.08 feet;
4) Thence South 24°45'00" East, 23.56 feet;
Thence leaving said east line of Civic Center Drive, North 45°20'51" East, 124.86 feet to the
southeast line of Golf Avenue;
Thence along last said line North 44039'09" West, 54.20 feet to the Point of Beginning.
Said Lease Area containing an area of 31,422 Square Feet or 0.72 acres, more or less, and is
shown on Exhibit B attached hereto and made a part hereof.
o
ANDREW S.
a
CHAFER
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_„
NO. 8005
Exhibit B - Lease Description
LEGEND
®®® LIMIT OF PROPOSED LEASE SCALE
— — OFF—SITE PROPERTY LINE oto so ao so
PROPOSED LEASE p/1 .. {
NOTE: DIMENSIONS SHOWN HEREON ARE �� 1 inch = 60 feet
BASED ON RECORD INFORMATION ®�
LANDS OF COUNTY OF
MARIN
APN 179-270-12
S45' 20' 51"W 45.42'
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APN 179-270-12
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' 52' 02"W 22.77'
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14.65' 1
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LANDS OF ALICE
FISHLER
APN 179-171-33
ANDREW S. `F�\
CHAFER oar
N0. 8005
PLAN' TO ACCOMPANY LEGAL DESCRIPTION EXHOBIT "B" �
A n ICIVIL@RS
SURVHYOBSYORS
DAAE- 6-2-16
SCAM 1" 50'
FIRE STATION LEASE
AREA
SHEETlaM�lj]
PLANNERS
DIAWNRk SEC
MOVED, Ac
3530 CIVIC CENTER DR.
i7oo5.WinchesterBlvd, Suite 200,Campbell, CA950081P.40S.636.09001 F.408.636.09991tnvw.sandb.ne•
x0
SAN RAFAEL, CA'1
SILICON VALLEY TRI -VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF
- 6115 81b01.0
9
OF SHEETS
615091.c
i -.
KALeI�
dW
CITY O
MAYOR GARY 0. PHILLIPS
VICE MAYOR ANDREW MCCULLOUGH
COUNCILMEMBER MARIBETH BUSHEY
COUNCILMEMBER KATE COLIN
COUNCILMEMBER JOHN GAMBLIN
'
OFFICE OF THE CITY ATTORNEY
Robert F. Epstein, City Attorney
Lisa A. Goldfien, Assistant City Attorney
Eric T. Davis, Deputy City Attorney II
June 6, 2016
Daniel Eilerman
Assistant County Administrator
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903
Re: City of San Rafael Self -Insurance CSA 19 Agreements
Dear Mr. Eilerman:
The City of San Rafael, as permitted under State law, is self-insured for general liability,
including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially
issued general liability insurance policy. Additional insurance for the coverage is provided by a public
entity excess liability pool in which the City participates. The pool, the California Joint Powers Risk
Management Authority (CJPRMA) provides the City's coverage in excess of $500,000 under a
Memorandum of Coverage.
With respect to Worker's Compensation liability, the City is self-insured for the first $1,000,000
and has a separate excess liability policy from Safety National Casualty Corporation.
Because it is a local governmental agency existing in the State of California and because it is
entitled to self -insure under the Government Code, the City assumes that this letter will satisfy the
insurance requirements of the County of Marin.
Please call the City Attorney's Office at 415-485-3080 should you have any questions or require
additional information regarding insurance.
Very truly yours,
L 0
LISA A. GOLDFIEN
Assistant City Attorney
1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560
PHONE: (415) 485-3080 / FAX: (415) 485-3109 1 EMAIL: city.attomey@cityofsanrafacl.org cityofsanrafael.org
3
trr.c�
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) 4 CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS -> [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 5/16/2016
From: Danielle Ferrigno
Department: City Manager
Date: 6/10/2016
Topic: COUNTY SERVICE AREA 19 FIRE PROTECTION AND LEASE AGREEMENT
Subject: .1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTIIORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY
OF MARIN TO PROVIDE FIRE PROTECTION SERVICES TO COUNTY SERVICE AREA 19
(CSA 19).
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN TO ENTER
INTO A 40 YEAR LEASE AGREEMENT FOR 3535 CIVIC CENTER DRIVE AND TO FUND
CAPITAL IMPROVEMENTS OF FIRE STATION 57.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
® Finance Director
Remarks: approved MM - 06/13 and then again on 6/14
® City Attorney
Remarks: LG -Approved 6/14/16.
® Author, review and accept City Attorney / Finance changes
Remarks:
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
