HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2024-10-16 Agenda PacketPOLICE ADVISORY AND ACCOUNTABILITY COMMITTEE
WEDNESDAY, October 16, 2024, AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online: https://tinyurl.com/PAACZOOM
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
AGENDA
How to participate in the meeting:
•You are welcome to provide comments in-person at the meeting. Each speaker
will have 2-minutes to provide public comment.
•Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the
day of the meeting.
CALL TO ORDER – 6:00PM
MINUTES
1.Approve regular meeting minutes from the meeting of September 18, 2024.
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Police Advisory and Accountability Committee
at this time on matters not on the agenda that are within its
jurisdiction. Comments may be no longer than 2 minutes and should be respectful
to the community.
OTHER AGENDA ITEMS
If necessary to ensure the completion of the following items, the Chairperson may
establish time limits for the presentations by individual speakers.
2. Other Agenda Items:
a. 2024 Personnel Complaint Data
Recommendation: Accept the informational report.
b. Provide feedback on the San Rafael Police Department’s Youth and Policing
Presentation
Recommendation: Accept the informational report.
c. Homelessness
Recommendation: Accept the informational report.
STAFF LIAISON REPORT
3. Other brief program updates or reports on any meetings, conferences,
and/or seminars attended by staff.
COMMITTEE REPORTS
4. Other brief reports on any meetings, conferences, and/or seminars attended by the
Committee members.
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, sh all be
available for inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, Califo rnia placed
with other agenda-related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be
requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org 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
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
WEDNESDAY, SEPTEMBER 18, 2024, AT 6:00 PM
In-Person:
San Rafael Public Safety Center
1375 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
https://tinyurl.com/PAACZOOM
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chair Kamena called the meeting to order at 6:00 PM and requested a roll call.
ROLL CALL
Present: Member Daniel Alm
Member Marilyn Alvarez
Member Fatai Tokolahi (arrived at 6:04 PM)
Member Daryoush Davidi
Member Darlin Ruiz
Member Paula Kamena
Member Karla Valdez
Absent: Member Salamah Locks
Member Mydung Nguyen
Staff Present: Angela Robinson Piñon, Assistant City Manager
David Spiller, Chief of Police, San Rafael Police Department
Scott Eberle, Lieutenant, San Rafael Police Department
Teresa Olson, Sr. Mgmt. Analyst, San Rafael Police Department
Lieutenant Scott Eberle informed the community that the in -person meeting would also
be recorded and streamed live to YouTube and through Zoom. He noted the two-minute
timer for public comment and closed captioning on Zoom.
1. MINUTES
Member Tokolahi moved to approve the August 21, 2024. Member Davidi
seconded the motion.
AYES: MEMBERS: Alm, Alvarez, Davidi, Kamena, Ruiz, Tokolahi, Valdez
NOES: MEMBERS: None
ABSENT: MEMBERS: Locks, Nguyen
The motion carried 7-0-2.
OPEN TIME FOR PUBLIC EXPRESSION
Steve Bingham spoke on allowing public expression available via Zoom,
commented on use of force and provided a book recommendation.
2. OTHER AGENDA ITEMS
a. Provide feedback on the San Rafael Police Department’s Use of Force
Presentation
Lieutenant Scott Eberle presented the staff report.
Staff responded to the Committee’s questions.
Chair Kamena invited public comment, however, there was none.
The Committee provided comments and recommended to accept the
informational report.
b. Youth and Policing
Sergeant Michael Mathis gave a presentation.
Staff responded to the Committee’s questions.
Chair Kamena invited public comment.
George Piccalo commented on youth engagement.
Mike commented on the importance of law enforcement engaging with the
youth.
The Committee provided comments.
STAFF LIAISON REPORT
3. Staff Liaison Report:
Lieutenant Eberle advised the committee the topic of Homelessness will be
presented during the October 16, 2024, meeting.
He reminded members to sign up for ride-along shifts with SRPD if they have
not already done so.
COMMISSIONER REPORTS
4. Committee Member Reports:
• Member Alvarez commented on the recent Independence Day celebrations
in the city and noted there was less violence this year and observed a greater
law enforcement presence.
• Member Tokolahi nothing to note.
• Member Davidi attended the Porchfest event.
• Member Alm mentioned participating in recent oral board interv iews for
SRPD Police Officer applicants. He also shared he served as a block captain
during the Porchfest event.
• Member Ruiz attended a Boy Scout meeting in the Canal neighborhood.
• Chair Kamena attended a YWCA meeting, noted their Bloom program which
assists youth and young women with clothing, career coaching and offers a
scholarship program. She also attended a Latinas in Power meeting. She
shared concerns she has received from the community surrounding
prostitution/human trafficking activity in the Canal area, a nd the increase in
food trucks, vendors and unlicensed food sale activity.
ADJOURNMENT
Chair Kamena adjourned the meeting at 7:50 p.m.
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS _____DAY OF_______, 2024
Page 1 of 2
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
October 16, 2024
Item 2a
TITLE: SAN RAFAEL POLICE DEPARTMENT COMPLAINT UPDATE
RECOMMENDATION: Accept the informational report.
BACKGROUND:
The San Rafael Police Department is dedicated to addressing all concerns regarding its services
and the conduct of its personnel with the utmost seriousness. The Department accepts and
responds to all allegations of misconduct in strict accordance with policy, as well as relevant
federal, state, and local laws, and collective bargaining agreements. Furthermore, the Department
is unwavering in its commitment to ensuring that community members can report misconduct
without fear of reprisal or retaliation.
Personnel complaints undergo thorough investigation and involve allegations of misconduct or
substandard job performance that, if substantiated, would constitute a violation of Department
policy or federal, state, or local laws or regulations. These complaints can be initiated internally
or by members of the public. Any inquiries that do not violate Department policy or any applicable
law may be addressed informally by a supervisor and are not classified as personnel complaints.
These inquiries typically involve requests for clarification on policies, procedures, or the
Department's response to specific incidents.
DISCUSSION:
The San Rafael Police Department maintains a regularly updated complaint log, available
annually on the Department’s website. This log records the nature of each complaint and the final
disposition. Due to the limitations imposed by Government Code §3300, the Department is not
authorized to release any further information beyond this.
Over the past five years (2019–2023), the San Rafael Police Department has averaged 36
complaints annually. The complaints encompass a range of concerns, including officer conduct,
procedural matters, and use of force. By making this data publicly available, the Department aims
to promote greater transparency and accountability, which are central to its commitment to
community policing.
As of the date of this report, 21 complaints have been filed for the 2024 calendar year. While
officer conduct remains the most frequently reported issue, there has been a slight reduction in
such complaints compared to previous years. This decrease can be attributed to the Department's
continued efforts to enhance officer training programs, particularly in de -escalation and
community engagement, which have been implemented over the past two years.
Despite this progress, the Department remains resolute in diligently addressing all complaints and
proactively engaging with the community. The reduction in complaints for 2024, compared to the
5-year average, suggests that the Department's ongoing initiatives to improve officer conduct and
strengthen community relations are having a positive impact. The San Rafael Police Department
Page 2 of 2
remains dedicated to fostering transparency and accountability while actively engaging with the
community. Continuous training and open channels for feedback are vital to enhancing
community relations and maintaining public trust.
Future Reporting
Moving forward, the staff liaison to the San Rafael Police Department will provide quarterly reports
during the Police Advisory and Accountability Committee (PAAC) meetings, detailing the number
of complaints received. This information will be included in the meeting agenda for clarity and
ongoing community awareness.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENTS:
1. None.
Page 1 of 2
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
October 16, 2024
Item 2b
TITLE: YOUTH AND POLICING PRESENTATION
RECOMMENDATION: Accept the informational report.
BACKGROUND:
At the September 18, 2024, meeting of the Police Advisory and Accountability Committee, the
Committee heard presen tations from SRPD staff on the topic of Youth and Policing. The
presentation is provided as Attachment 1 and the staff report is provided as Attachment 2.
DISCUSSION:
Encounters with law enforcement can significantly impact young people’s development and future
interactions with the justice system. Through youth mentoring programs, law enforcement and
others can support the positive development of youth, improve self -esteem, and reduce
delinquent acts.
School Resource Officers
The School Resource Officer (SRO) is often the primary connection between law enforcement
and juveniles nationwide. An SRO is a sworn law enforcement officer assigned to a school long -
term to help create a safe environment for students, staff, parents, and guardians.
On September 14, 2020, at a regular SRCS Board Meeting, the board voted to remove School
Resource Officers (SRO) from public schools in San Rafael. In 2021, the San Rafael Police
Department spearheaded an extensive research report on the role of School Resource Officers
(SROs) in all Marin County schools regarding student arrests and citations. The comprehensive
report meticulously documented every arrest and citation issued between 2017 and 2020,
providing detailed breakdowns of student demographics, schools, and types of arrests.
The research revealed that SROs were not proactively arresting or citing students in San Rafael.
All arrests or citations were a direct result of reports made by either victims of crimes or made by
school staff members.
Many law enforcement agencies nationwide have developed successful programs to engage
youth through nonconfrontational activities and promote positive police -youth interactions. The
San Rafael Police Department offers a Cadet program that provides an opportunity for students
interested in law enforcement.
One example of community outreach the cadets are involved with is Camp Chance. Camp
Chance is a program designed for at-risk and underserved youth ages 11 through 13 living in the
community. Since its inception in 1999, over 1,223 Marin and Sonoma County youth have
benefited from this enriching camping program. The Camp also provides adult leadership
opportunities for all camp activities and facilitates workshops on topics relevant to today’s youth,
such as anger management and bullying. Camp Chance is admi nistered by The Community
Engagement Unit of the San Rafael Police Department administers Camp Chance.
Page 2 of 2
At Camp Chance, children participate in traditional camping activities such as swimming, hiking,
and nature studies. In addition, they are given the opportunity to create and foster rapport with
peace officers in a personal and relaxed setting. This rapport has historically continued to flourish
when the children return home.!
Please note that staff provided staff provided much of the background and context related to
Youth and Policing, the School Resource Officer Program in San Rafael, and current Youth
programs SRPD is engaged in during the September 18, 2024 , meeting. Therefore, the staff
recommends the Committee direct its feedback to topics covered during the presentation. Staff
can also respond to any questions about the September 18, 2024, PAAC meeting.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENT S:
1. September 18, 2024- Youth and Policing Presentation by Sgt. Michael Mathis
2. September 18, 2024- Youth and Policing Staff Report
YOUTH
AND
POLICING
The Basics of a School Resource Officer
(S.R.O.)
School Resource
Officers
Are law enforcement officers who serve as
counselors, role models, and advocates
for students while keeping them safe. They
have received special training that enables
them to develop positive working
relationships with students, school staff,
law enforcement. Other first responders,
and community groups. Because of this,
their physical presence at schools gives
students, parents, teachers, and other
community members greater assurance
that their schools are safe learning
environments.
September 14th,
2020
•At an SRCS board meeting, the
board voted to remove SRO’s
from public schools in San
Rafael.
•The prevailing perception was
that SRPD was actively patrolling
campuses, targeting students of
color, and citing or arresting
them. This instilled fear in the
community and played a
significant role in the removal of
SRO’s from our schools.
In 2021
•SRPD spearheaded and extensive research
report on the role of the SRO in ALL of Marin
County schools related to student arrests and
citations. The report documented every arrest or
citation issued between 2017 and 2020. It
provided detailed breakdowns of student
demographics, schools and types of arrests.
•The research revealed that in San Rafael,
SRO’s were not proactively arresting or citing
students. All arrests and citation were a direct
result of reports from victims of crimes or school
staff members
Law enforcement agencies have developed successful programs to engage
juveniles through nonconfrontational activities and promote positive police-
youth interactions
•SRPD offers a Cadet program which provides an opportunity for
students interested in law enforcement. Cadets provide public
assistance, they assist in police department functions such as
crime prevention, patrol support, community outreach and
records/ front office support. The position allows for up to 20
hours of paid work per week and has a limited term of up to 3
years, with the goal of the cadets completing their education and
becoming a members of SRPD.
CAMP CHANCE
•Since it’s inception in July 1999, over 1,223 youth from Marin and
Sonoma counties have benefitted from this enriching camp.
•At camp, children participate in traditional camping activites such
as swimming, hiking, and nature studies. In addition, they are
given the opportunity to create and foster rapport with peace
officers in a personal and relaxed setting. This rapport has
historically continued to flourish when the children return home.
•Building these relationships with police officers, students are less
likely to engage in destructive behavior and criminal activity.
Improving
connections with
young people
•It is essential that SRPD assign a specific
officer as a liaison to work in the high schools
and middle schools in San Rafael.
•The officer would concentrate on building
relationships, cultivating positive connections,
and acting as a role model to the youth.
•Having a dedicated officer for youth
engagement will establish a direct channel
between the school and the police
department.
•Having a consistent officer in this role is
crucial for mentoring relationships with the
youth and providing improved service to
students, parents, and staff.
Page 1 of 3
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
September 18, 2024
Item 2b
TITLE: YOUTH AND POLICING
RECOMMENDATION: Accept the informational report.
BACKGROUND:
The Task Force on 21st Century Policing (“Task Force”), established by U.S. President Barack
Obama in 2014, gathered input from practitioners, subject matter experts, and other stakeholders
through listening sessions and written testimonies. The United States Department of Justice published
a final report on the Task Force in 2015. The recurring theme of juvenile justice emerged, highlighting
the importance of positive engagement between police and youth. This positive engagement can
enhance public safety, reduce crime and victimization, decrease repeat offenses, and build trust
between young people and law enforcement. The purpose of this report is to describe current and
past youth intervention strategies used by the San Rafael Police Department. In addition, this
report identifies future opportunities for positive youth and police interactions.
DISCUSSION:
Encounters with law enforcement can significantly impact young people’s development and future
interactions with the justice system. Through youth mentoring programs, law enforcement and
others can support the positive development of youth, improve self-esteem, and reduce
delinquent acts. This section of the report briefly summarizes past and recent programs that
provide opportunities for positive police-youth interactions.
School Resource Officers
The School Resource Officer (SRO) is often the primary connection between law enforcement
and juveniles nationwide. A SRO is a sworn law enforcement officer assigned to a school long-
term to help create a safe environment for students, staff, parents, and guardians.
In May 2019, the Marin County Civil Grand Jury (“Grand Jury”) released a report on School Resource
Officers. The Grand Jury member interviewed Marin County Office of Education officials, current
SROs in Marin County, former SROs, police chiefs, a school district superintendent, and a
Sheriff’s officer. In summary, the report stated:
School Resource Officers (SROs) are law enforcement officers who serve
as counselors, role models, and advocates for students while keeping
them safe. They have received specialized training that enables them to
develop positive working relationships with students, school staff, law
enforcement, other first responders, and community groups. Because of
this, their physical presence at schools gives students, parents, teachers,
and community members greater assurance that their schools are safe
learning environments.
The Grand Jury did not interview current or former students to provide feedback on the effects
law enforcement officers have on campus.
Page 2 of 3
The City of San Rafael City Council responded to the Marin County Civil Grand Jury in October
2019, stating that the City was committed to keeping SROs and maintaining a budget for them,
and considered adding another SRO in November 2019.
On September 14th, 2020, at a regular SRCS Board Meeting, the board voted to remove School
Resource Officers (SRO) from public schools in San Rafael. Comments from the SRCS Board
meeting suggested that law enforcement officers patrolled the schools in search of students to
arrest. These perceptions played a significant role in removing SROs from San Rafael City
Schools.
In 2021, the San Rafael Police Department spearheaded an extensive research report on the role
of School Resource Officers (SROs) in all Marin County schools regarding student arrests and
citations. The comprehensive report meticulously documented every arrest and citation issued
between 2017 and 2020, providing detailed breakdowns of student demographics, schools, and
types of arrests. The report is included in this staff report as Attachment 3.
The research revealed that SROs were not proactively arresting or citing students in San Rafael.
All arrests or citations were a direct result of reports made by either victims of crimes or made by
school staff members.
Following the removal of SROs from the San Rafael schools, the school district prioritized a
restorative justice approach. Additionally, the school district utilized internal education, the County
of Marin Probation Department, and non-profit organizations such as Youth Transforming Justice,
among others, as alternatives.
Youth Listening Sessions
In 2022 and 2023, “Youth Listening Sessions” were held at San Rafael High School (SRHS) and
Terra Linda High School (TLHS). The listening session at SRHS was conducted in 2022 and
included City staff and officials, but did not include SRPD members at the request of SRHS
administration. The listening session at Terra Linda High School was conducted in 2023 and
included City staff and officials from the City and a Captain from SRPD, at the request of TLHS
administration. Both listening sessions asked the students the same set of questions and the
students offered valuable feedback to the SRPD.
Some responses from the San Rafael High School listening session indicated students did not
feel safe in their communities and reflected skepticism about having a police officer on campus.
A few key themes emerged from the Terra Linda High School session. The students stressed the
significance of getting to know police officers personally and building relationships. They also
requested that officers take part in events such as Hispanic Heritage Night.
Police Cadet Program
Many law enforcement agencies nationwide have developed successful programs to engage
youth through nonconfrontational activities and promote positive police-youth interactions. The
San Rafael Police Department offers a Cadet program that provides an opportunity for students
interested in law enforcement. Cadets are classified as civilians and provide information and
assistance to the public. They also assist with police department functions such as crime
prevention, patrol support, community outreach, and records/front office support. The position
allows for up to 20 hours of paid work per week and is designed as a limited-term position of three
years, with the goal of the cadets completing their education and becoming members of the San
Page 3 of 3
Rafael Police Department.
One example of community outreach the cadets are involved with is Camp Chance. Camp
Chance is a program designed for at-risk and underserved youth ages 11 through 13 living in the
community. Since its inception in 1999, over 1,223 Marin and Sonoma County youth have
benefited from this enriching camping program. The Camp also provides adult leadership
opportunities for all camp activities and facilitates workshops on topics relevant to today’s youth,
such as anger management and bullying. Camp Chance is administered by The Community
Engagement Unit of the San Rafael Police Department administers Camp Chance
At Camp Chance, children participate in traditional camping activities such as swimming, hiking,
and nature studies. In addition, they are given the opportunity to create and foster rapport with
peace officers in a personal and relaxed setting. This rapport has historically continued to flourish
when the children return home.!
San Rafael police officers and cadets participate with the youth in all the activities throughout the
week. Children benefit greatly from having informal and personal contact with peace officers,
which creates a positive outcome for the kids, police, and the community. When children feel
more connected to their community and develop positive relationships with police officers, they
are less likely to engage in destructive behavior and criminal activity.
In 2019, over 60 children participated in Camp Chance. Along with these children, there were also
teenagers ranging in age from 14 to 15 who returned as Counselors-In-Training (CITs). The camp
provides an alumni program for young people who have previously attended Camp Chance and
have shown leadership qualities. They now serve as role models for the younger campers and
assist the senior staff in running the program.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENTS:
1. Marin County Grand Jury Report “School Resource Officers Revisited”
2. San Rafael City Council Response to the Marin County Grand Jury Report
3. Marin County Schools Report
4. Camp Chance 2024 Newsletter
Page 1 of 4
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
October 16, 2024
Item 2c
TITLE: SAN RAFAEL’S RESPONSE TO HOMELESSNESS
RECOMMENDATION: Accept the informational report.
BACKGROUND:
Homelessness remains a significant challenge across the United States, and San Rafael is no
exception. On August 19, 2024, the City Council received a report from the City Manager’s Office
regarding proposed amendments to the City’s Camping Ordinance , an informational report to the
City Council on homelessness, including the authorization of grants and contracts to establish a
Sanctioned Camping Program (Attachment 1). According to the U.S. Department of Housing and
Urban Development’s 2023 Annual Homelessness Assessment Report (AHAR) to Congress,
approximately 653,104 individuals nationwide were affected by homelessness. Among these,
143,105 were chronically homeless, marking a 65% increase since 2017. California alone
accounts for more than 180,000 homeless individuals, with 67,510 being chronically homeless,
reflecting an 88% rise over the same period. Alarmingly, two -thirds of California's homeless
population were unsheltered, comprising half of all unsheltered homeless individuals nationwide.
In Marin County, the 2024 Point-in-Time Count revealed a count of 1,090 individuals experiencing
homelessness, 788 of whom are unsheltered and 217 chronically homeless. The total count
showed a 2.77% decrease from the 2022 count of 1,121. While local data for San Rafael from the
2024 count is still unavailable, the City reported 348 homeless individuals during the 2022 Point-
in-Time Count. According to a December 2023 survey of homeless individuals residing in the
Mahon Creek Path area encampment, 90% of en campment residents have lived in the area for
more than a year, and almost two-thirds have resided in San Rafael for more than a decade.
Several factors contribute to homelessness in San Rafael and beyond. The lack of affordable
housing coupled with stagnant wages means that 42% of Marin renters spend more than 35% of
their income on rent. The availability of shelter beds in Marin County is consistently limited, as
there are approximately 291 beds available for 1,090 individuals. However, there have been
significant strides in addressing homelessness: since 2017 , the County of Marin has housed 737
chronically homeless individuals. 94% of the se individuals have remained housed due to ongoing
support services and rental subsidies. Efforts to house veterans have also been significant, with
111 veterans housed during this period.
Since 2017, the City of San Rafael has partnered with Marin County Health and Human Services
as well as the many community-based organizations that serve individuals experiencing
homelessness. These agencies include Homeward Bound of Marin, Ritter Center, St. Vincent de
Paul, Community Action Marin, Downtown Streets Team, Adopt A Family of Marin, North Marin
Community Services, Center for Domestic Peace, Buckelew Programs, Episcopal Community
Services, Catholic Charities, Side by Side and the Marin Housing Authority. This collaboration is
called MASH, the Marin Alliance to Solve Homelessness . Using the guiding principle of housing
first and the guidelines of Coordinated Entry, the goal is to address every individual with their
Page 2 of 4
unique needs and to guide each person on their pathway to permanent supportive housing . Ten
individuals are placed in permanent supportive housing (PSH) monthly through this unified and
collaborative approach. Not only is the City housing people, but it is also helping them stay in
housing through ongoing case management , which has led to a housing retention rate of 94%.
Case Law
Martin v. City of Boise1, 920 F.3d 584 (9th Cir. 2018), significantly impacted jurisdictions by
diminishing their ability to enforce camping and disorderly conduct violations. The Ninth Circuit
Court of Appeals ruled in 2018 that a person cannot be penalized if there is not adequate shelter
for an unhoused individual. San Rafael, along with many other jurisdictions , does not have enough
shelter beds to meet the number of people experiencing homelessness .
On June 28, 2024, the United States Supreme Court issued its decision reversing the Ninth Circuit
Court of Appeals in Grants Pass v. Johnson and ruling that camping bans on public property do
not violate constitutional protections against cruel and unusual punishment under the Eighth
Amendment to the United States Constitution. As a result of the Supreme Court ruling, on July
25, 2024, Governor Gavin Newsom issued an Executive Order instructing state agencies to
prioritize the humane removal of encampments, including conducting site assessments, providing
advance notice, offering outreach services, and personal property storage for at least 60 days.
The order encourages local governments to follow these same guidelines.
DISCUSSION:
San Rafael has made ending homelessness a top priority. The City is the only jurisdiction in Marin
County with a division dedicated to addressing homelessness, a full -time alternative response
team, and a full-time mental health liaison embedded in the Police Department dedicated to
homelessness outreach.
The City is dedicated to safeguarding the health and safety of community members and
employees and is committed to delivering public services. Although the City does not directly offer
homeless services or programs, it works closely with the County of Marin and local service
providers to ensure that individuals experiencing homelessness have access to the resources
they require.
City Endeavors
The City of San Rafael remains committed to finding solutions that honor the dignity of every
person living in San Rafael while preserving the accessibility and cleanliness of our shared public
spaces, which is crucial for the well-being of everyone who calls San Rafael home.
The City has undertaken many actions and made significant investments to address
homelessness. In recent years, the City’s affordable housing trust fund has invested more than
three million dollars in supportive housing developments, such as the 3301 Kerner and Jonathan's
Place projects. The City has also utilized $250,000 in state encampment resolution fund grants
to expand case management services in partnership with the County of Marin.
External Communications: The City has a dedicated webpage addressing homelessness,
which provides a historical timeline of events, legal context, ongoing clean -up efforts, current and
long-range planning, available resources, FAQs, and upcoming meetings.
1 Source: https://law.justia.com/cases/federal/appellate-courts/ca9/15-35845/15-35845-2019-04-01.html
Page 3 of 4
Camping Ordinance: In July 2023, the City Council voted to amend the City’s longstanding
camping ordinance (San Rafael Municipal Code Chapter 19.50 ) to regulate camping in a manner
that complied with the then-governing Martin v. Boise decision. The Camping Ordinance
stipulates that camping is only permitted in approved locations defined by the regulations in the
Camping Ordinance. (SRMC 19.50)
Enforcement Action Against Illegal Structures: The City conducts regular site assessments at
the encampments to inspect illegally constructed structures. All illegal structures are noticed and
abated through the City’s administrative process.
Bi-Weekly Clean-Ups: The City conducts bi-weekly clean-ups of the Mahon Creek Path area
encampment. For the City to legally remove trash and debris, individuals experiencing
homelessness must be present and not claim an item as their personal property.
Grant for Safe Camping Area : Marin County and the City of San Rafael have been awarded
nearly $6 million by the California Interagency Council on Homelessness (Cal ICH) through the
Encampment Resolution Fund Round 3 (ERF -3) grant program to address homelessness along
and near the Maho n Creek Path to support a safe camping area with access to services and
pathways to housing.
Sanctioned Camping Area: On October 4, 2024, the City opened a Sanctioned Camping Area
(SCA) on the north side of Mahon Path, funded by the grant. The SCA will house 50 people who
have camped in Mahon Creek and surrounding areas since January 2024. There is 24/7 security
and program management on-site five days a week, 24 hours a day.
SRPD Endeavors
Mental Health Liaison: The position was created in 2013 and is part of the SRPD. This integral
role serves as a liaison between the City’s homeless population, social service providers, law
enforcement agencies, and the community at large. It facilitates the coordination of serv ices,
clinical programming, and community problem -solving.
SAFE team (Specialized Assistance For Everyone): The SAFE team initiative launched in
2023 focuses on collaborative efforts to support vulnerable populations in San Rafael and Marin
County. By partnering with organizations like Ritter Center, Jonathan’s Place, Helen Vine, and St.
Vincent de Paul, the SAFE team aims to enhance community outreach and provide
comprehensive services. These services include follow -up care, housing assistance, and
counseling, all designed to address the diverse needs of individuals and families in the
community. This collaborative approach helps ensure people receive the holistic support
necessary for their well-being and stability.
San Rafael’s multifaceted and collaborative efforts highlight a strong commitment to tackling
homelessness through immediate and long-term solutions. By leveraging partnerships with local
organizations and community resources, the City can provide essential services such as
emergency shelter, housing assistance, and mental health support. This integrated approach not
only addresses the urgent needs of those experiencing homelessness but also works towards
sustainable pathways to stability, ensuring that ind ividuals have access to the resources
necessary for lasting change. Through ongoing collaboration, San Rafael is fostering a more
inclusive and supportive community for all.
Page 4 of 4
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENTS:
1. August 19,2024 City Council Meeting Staff Report and Presentation
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.a
Meeting Date: August 19, 2024
SAN RAFAEL COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski,
Assistant City Manager
Mel Burnette,
Homelessness and Housing Analyst
Bernadette Sullivan,
Senior Management Analyst
City Manager Approval: ______________
TOPIC: PROPOSED CAMPING ORDINANCE AMENDMENTS, AND INFORMATIONAL
REPORT ON HOMELESSNESS, INCLUDING SANCTIONED CAMPING
PROGRAM, HOMELESS PROGRAM CONTRACTS AND APPROPRIATION OF
FUNDS
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL
CODE CHAPTER 19.50 -- CAMPING ON PUBLIC PROPERTY, AND
RESOLUTION APPROPRIATING $2,256,400 FROM THE GRANTS FUND 283
TO SUPPORT THE INITIAL COSTS AND CONTRACTS ASSOCIATED WITH
THE SANCTIONED CAMPING PROGRAM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS IN THE AMOUNT OF $2,002,400 FOR
THE FIRST PHASE OF THE ENCAMPMENT RESOLUTION FUND ROUND 3
(ERF3) GRANT PROGRAM AND OTHER HOMELESSNESS PROGRAM
SERVICES
RECOMMENDATION:
1.Waive reading and introduce Ordinance amending San Rafael Municipal Code Chapter
19.50 -- Camping on Public Property
2.Adopt the resolution appropriating $2,256,400 from the Grants Fund 283 to support the
initial costs and contracts associated with the sanctioned camp program and authorizing
the City Manager to execute contracts in the amount of $2,002,400 for the first phase of
the Encampment Resolution Fund Round 3 (ERF3) grant program and other
homelessness program services.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
BACKGROUND:
National and Local Dynamics
Homelessness remains a significant challenge across the United States, and San Rafael is no
exception. According to the U.S. Department of Housing and Urban Development’s 2023 Annual
Homelessness Assessment Report (AHAR) to Congress, approximately 653,104 individuals
nationwide were affected by homelessness. Among these, 143,105 were chronically homeless,
marking a 65% increase since 2017. California alone accounts for more than 180,000 homeless
individuals, with 67,510 being chronically homeless, reflecting an 88% rise over the same period.
Alarmingly, two-thirds of California's homeless population were unsheltered, comprising half of all
unsheltered homeless individuals nationwide.
In Marin County, the 2024 Point-in-Time Count revealed a count of 1,090 individuals experiencing
homelessness, 788 of whom are unsheltered and 217 chronically homeless. The total count
showed a 2.77% decrease from the 2022 count of 1,121. While local data for San Rafael from the
2024 count is still unavailable, the City reported 348 homeless individuals during the 2022 Point-
in-Time Count. According to a December 2023 survey of homeless individuals residing in the
Mahon Creek Path area encampment, 90% of encampment residents have lived in the area for
more than a year, and almost two-thirds have resided in San Rafael for more than a decade.
Several factors contribute to homelessness in San Rafael and beyond. The lack of affordable
housing coupled with stagnant wages means that 42% of Marin renters spend more than 35% of
their income on rent. The availability of shelter beds in Marin County is consistently limited as
there are approximately 291 beds available for 1,090 individuals. However, there have been
significant strides in addressing homelessness: since 2017; the County of Marin has housed 737
chronically homeless individuals. 94% of these individuals have remained housed due to ongoing
support services and rental subsidies. Efforts to house veterans have also been significant, with
111 veterans housed during this same period.
The City of San Rafael’s Camping Regulation Constraints - Year in Review
In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San
Rafael Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the
then-governing Martin v. Boise decision. Shortly after the City adopted its new ordinance
amendments, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on
Americans with Disabilities Act (ADA) claims and other legal theories, in particular that the City’s
camping ordinance constituted a “state created danger”. In response, the court entered a
temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s
ability to enforce its own local camping regulations.
During the period of the preliminary injunction, the City’s ability to regulate the Mahon Creek Path
Area encampment became significantly constrained. However, the City still took action utilizing
other regulatory avenues to mitigate the broader public health and safety impacts of the
encampment on the surrounding community. For example, in October and November 2023, the
City enforced its fire code to abate the fire risks associated with the then proliferation of wooden
pallets and illegal wooden structures in the Mahon Creek Path Area encampment.
In December 2023, the City Manager issued an order prohibiting camping along Lindaro Street
and issued an additional order prohibiting new camping in the Mahon Creek Path Area
encampment. During this time, the City also held a services and outreach fair and surveyed
individuals experiencing homelessness in the encampment to better understand their service
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
needs. This information was instrumental in the development of the Encampment Resolution
Fund 3 grant the City and County of Marin jointly applied for and received, and which is discussed
further in this report.
From December 2023 to February 2024, the City attempted in good faith, to implement the
Camping Ordinance under the restrictions and direction issued by the Federal District Court.
Through this multi-month effort, the City attempted to work with the California Homeless Union
and members of the Mahon Creek Path Area encampment to designate campsites and establish
voluntary compliance with the direction of the Court. This work was ultimately abandoned as we
were not able to achieve the level of cooperation needed in order for that approach to be effective.
The City then refocused its attention towards amending the camping ordinance to address the
concerns of the court, and to create a regulatory framework that we could use to mitigate impacts
of the encampments.
Additionally, the City, on three separate occasions during the Spring and early Summer of this
year participated in settlement conferences to attempt to settle the Boyd case. These efforts did
not result in a settlement between the City and the California Homeless Union.
In May 2024, the City Council voted to further amend Chapter 19.50, by adopting Ordinance
2035, to address the concerns expressed by the Federal District Court in its injunction order. The
amended Ordinance made several key changes:
1. Campsite Size Restrictions: Campsites can now be up to 200 sq. ft. for one person and
400 sq. ft. for up to four people camping together, doubling the space allowed in the prior
ordinance.
2. Proximity and Safety Buffers: Campsites must maintain a 10-foot clearance area around
each site and a 10-foot setback from other campsites, public utility infrastructure, or
neighboring private properties. The previous requirement of 200 ft spacing between
campsites was eliminated.
3. Proximity to Schools: Camps must be located a minimum of 250 ft from the property line
of any preschool or K-12 school.
4. Enforcement Provisions: Enforcement will only take place after individuals in violation
receive notices and opportunities to comply, reflecting a commitment to a compassionate
and balanced approach.
Recent Legal Actions Providing the City with the Ability to Enforce Camping Regulations
Latest Supreme Court Decision
On June 28, 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of
Appeals in Grants Pass v. Johnson. Since 2018, Martin v. Boise (a prior Ninth Circuit decision
upon which Grants Pass was based) had significantly limited local government’s ability to regulate
homeless encampments and has created a slew of lawsuits brought upon local government
agencies. Applying Martin, the Ninth Circuit had held that the City of Grants Pass violated the
“Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States
Constitution by prohibiting camping on public property when the City could not establish that there
was enough alternative shelter available to accommodate the number of individuals experiencing
homelessness in the community. The Supreme Court rejected this Eighth Amendment theory.
While the Supreme Court’s decision provides local governments with more flexibility in addressing
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
issues related to individuals experiencing homelessness, it only directly addressed one of the
many legal theories homeless advocates have raised in lawsuits against cities, including San
Rafael.
The Martin decision in 2018 spawned substantial litigation throughout California and elsewhere
in the Ninth Circuit as cities attempted to enforce public camping ordinances. San Rafael itself
has been sued multiple times, most recently in Boyd v. City of San Rafael.
Previous versions of the City’s Camping Ordinance were drafted in a manner that complied with
the Ninth Circuit’s Grants Pass decision. Thus, when the Supreme Court ruled earlier this year,
there was little to no immediate impact on the City. At that time, the City’s ability to enforce the
Camping Ordinance was limited by the preliminary injunction issued in the Boyd lawsuit. That
injunction was not based on Grants Pass nor the Eighth Amendment. Rather, the injunction was
based on claims brought under the state-created-danger doctrine via the Fourteenth Amendment,
and under the Americans with Disabilities Act.
In light of the Grants Pass ruling, the City now has the ability to amend the Camping Ordinance
to allow for more flexibility for the City in terms of enforcement and the prohibition of camping in
particular locations when the City Council or City Manager deems a location inappropriate for
camping. These amendments are contemplated in a proposed amended camping ordinance,
discussed further in this staff report.
Recent Governor Newsom Executive Order
On July 25, 2024, Governor Newsom issued an Executive Order instructing State agencies to
prioritize the humane removal of encampments, including conducting site assessments, providing
advance notice, offering outreach services, and personal property storage for at least 60 days.
The order encourages local governments to follow these same guidelines which the City is
seeking to align with, as discussed further in this staff report.
Dismissal of Boyd Lawsuit
This past July 2024, the Federal District Court heard the City’s motion to dismiss the Boyd case
and on August 7, 2024, the Court granted the City’s motion to dismiss and dissolved the injunction.
The Court held that the City’s amendments to Chapter 19.50 adequately addressed the legal
concerns raised by the plaintiff’s lawsuit and the Court.
The City of San Rafael remains committed to finding solutions that honor the dignity of every
person living in San Rafael, while at the same time preserving the accessibility and cleanliness of
shared public spaces something that is crucial for the well-being of everyone who calls San Rafael
home.
Additional City Actions Taken to Address Impacts of Homelessness
The City has undertaken many actions and made significant investments towards addressing
homelessness. In recent years, the City’s affordable housing trust fund has invested more than
$3M for supportive housing developments, such as the 3301 Kerner and Jonathan's Place
projects. The City has also utilized $250,000 in state encampment resolution fund grants to
expand case management services in partnership with the County of Marin.
The City’s SAFE (Specialized Assistance for Everyone) team, a mobile mental health crisis
response unit operated by Petaluma People Services Center, addresses various crises and
provides critical support, operating twelve hours a day, seven days a week. The City has allocated
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
$775,000 for the next three years for the initial pilot program to fund this critical service. In Fiscal
Year 2023-24 the SAFE Team responded to 3,099 calls for service, with more than half of those
calls responding to assist an individual experiencing homelessness.
Other efforts include high utilizer case management programs, mobile showers and laundry
services provided by WeHope, and fully dedicated Community Mental Health Liaison who works
for the San Rafael Police Department. The City’s Housing and Homelessness Division oversees
several programs, including the Downtown Streets Team, which offers cleanup crews and job
training. The City has only three full time employees dedicated to homelessness services, all of
which are funded by the City’s General Fund. The City does not receive any direct, ongoing
funding from the State or Federal government to support this work.
Last year, the City worked with Davidson Middle School to provide additional security services for
children walking to and from the school in close proximity to the Mahon Creek Path Area
encampment. In addition, the City took steps to successfully close Lindaro Street to camping, to
provide children with a clear path to walk to school. Looking ahead at the 2024-25 school year,
the City will be coordinating with Davidson Middle School and the San Rafael City School District
to ensure there remains a safe route to school for children.
San Rafael’s multifaceted and collaborative efforts underscore a commitment to addressing
homelessness through both immediate and long-term solutions.
ANALYSIS:
Proposed Camping Ordinance Amendments
Considering the recent Grants Pass decision and the administrative burden associated with the
proliferation of illegal structures being constructed in City parks and public rights of way, staff
recommends the City Council adopt an amended ordinance (Attachment 1) further amending
the City’s regulation of camping on public property. The proposed amendments include the
following:
1. Grant’s Pass Amendments: Provides the City with greater flexibility to either prohibiting
camping and/or adopting time, place or manner conditions on camping on public property.
2. Unpermitted Structures and Building Materials: Clarifies that no person shall occupy,
construct, or erect on public property or affix or tie to public or private property any building,
shed, shack, fence, or other structure made of building material or store any building
material on public property for camping.
This provision further clarifies that fabric tents, fabric tarps, or other similar non-
permanent, removable items may be used for temporary shelter within a campsite,
provided they are not affixed to tied to any public property, private real property,
vegetation, or infrastructure, except for the use of removable stakes to secure the item
into unimproved ground on public property.
3. Additional Safety Setbacks: Campsites would be required to be at least 5 feet from the
edge of roadway pavement. This is to ensure that campers are a safe distance from
passing traffic and that their belongings do not impede the flow of traffic.
4. Updated Enforcement Provisions: The enforcement of this amended ordinance
proposes to align with the provisions in Governor Newsom’s recent Executive Order.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Generally, the City will provide individuals with a 48-hour notice to cure the violation of the
Camping Ordinance. However, the City will require immediate removal/abatement when
the encampment poses an imminent threat to life, health, safety or infrastructure such that
exigent circumstances require immediate action.
For violations relating to unpermitted structures and building materials, the proposed
ordinance now permits the City to tag the structure with a notice to remove it from public
property within 48 hours, again aligning with the Governor’s recent Executive Order. If the
noticed structure is not removed within that timeframe, the City may immediately remove
such structure and restore the public property. This would allow the City to remediate
unpermitted structures in a much more efficient manner than the administrative hearing
process the City currently has had to ulitize to abate unpermitted structures.
It is important to note that the City maintains a standard practice whereby, the City first
seeks voluntary compliance and works with its non-profit community service provider
partners to provide additional notice and outreach, and where available, offers assistance
to affected persons including but not limited to providing new tents and sleeping bags.
5. Streamlined Definitions: The proposed amended ordinance consolidates the term
“Camp Facility” into the term “Camp paraphernalia.” Now “camp paraphernalia” is defined
as implements and equipment used for camping, including tents, cots, beds, hammocks,
vehicles, other temporary physical shelters, camp facilities, tarpaulins, mattresses,
sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment,
with the underlined portion representing the prior “Camp Facility” term. The definition for
“public-right-of-way” now states the definition found in San Rafael Municipal Code Section
11.04.020(K)
Illegal Structure Enforcement Actions Completed & Underway
The City has been pursuing separate enforcement efforts aimed at addressing the proliferation of
illegally constructed structures within the public right of way (SRMC 11.04.030.010) and in City
parks (SRMC 19.20.080(Q-R)). Code Enforcement staff recently conducted inspections of
encampment areas along Andersen Drive between Irwin Street to Rice Drive, the Mahon Creek
Path, Andersen Drive adjacent to Mahon Creek Path, and Francisco Boulevard West between
Mahon Creek and Irwin Street. Staff issued notices to remove encampment structures and fences
that violated parks and encroachment codes. City Staff noticed 49 sites and gained compliance
or abated violations in 42 cases, with 7 still working through a cumbersome administrative hearing
process.
All structures that have been the subject of the administrative hearing process have been ordered
to be removed by the City's appeal hearing officer, Hon. Beverly Wood (Ret.). The cleanup has
included: 16 tons of debris removed on June 20, 2024, from Andersen Drive at Rice & Irwin; and
15 tons of debris removed on July 3, 2024, from Francisco Blvd West. City Staff provided
replacement tents to all individuals who had been residing in the removed structures on public
property. Boulders were placed along Francisco Blvd. and the area remains clear of camping.
During this and other enforcement actions, the City provides for the storage of personal property
for up to 90 days, in accordance with the City’s guidelines for removal and storage of unattended
personal property. To note, the City cannot legally deprive someone of their personal property
without providing “due process of law.” One element of due process is adequate notice. If an
individual is present when debris removal/clean-up efforts are occurring, they can be given a
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
choice of taking their personal belongings with them or abandoning them. But if an individual is
not present, case law requires that the City either post a notice on the site before disposing of the
personal property or post the site with a notice that all property has been seized and stored so
that the individual can retrieve the property within a reasonable time frame.
Current Camping Ordinance Enforcement Plan
With the dismissal of the Boyd lawsuit, the City is focusing its urgent attention to addressing the
significantly deteriorated conditions throughout the Mahon Creek Path Area encampment,
including Anderson Drive.
In addition to the ongoing structure enforcement activities the City has taken in recent weeks, the
City is now engaged in a multi-week effort to bring the Mahon Creek Path and surrounding areas
into compliance with the current camping ordinance.
The City's approach to enforcement is described below in four phases:
Phase One: Menzies Parking Lot Enforcement (Week of August 12)
In July 2023, the City Manager issued an Administrative Order temporarily prohibiting camping in
or on the non-Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot. This
notice was extended in perpetuity on October 2, 2023.
On Tuesday, August 13, 2024, the City Manager lifted the Administrative Order prohibiting
camping on the non-open space portions of the Menzies Parking Lot only. With that Order lifted,
the City’s Camping Ordinance is now in effect for this property. The Camping Ordinance prohibits
camping within 250 feet of a school and the Menzies property is within 250 feet of Marin Academy.
Given this, the City issued a three-business day notice to the remaining individuals camping at
the Menzies Property requiring them to move off of the property. The City will seek to fully restore
the property to its original intended purpose by Monday, August 19.
Meanwhile, camping on the Falkirk Cultural Center Property remains prohibited by the
Administrative Order.
Phase Two: Restoration of Emergency Vehicle Access on Mahon Creek Path (Week of
August 12)
The City is currently noticing all individuals who are currently obstructing the Mahon Creek Path
and blocking emergency vehicle access. The City will seek voluntary compliance from individuals,
however the City will need to deploy additional resources and waste hauling contractors to haul
away a significant number of materials, waste, and other refuse to restore emergency vehicle
access. These individuals will need to then comply with the Camping Ordinance by Monday,
August 19.
Phase Three: Campsite Size and Private Property Line Setback Compliance (Week of
August 19th)
Following the cleanup and compliance efforts of the first two phases, the City will then begin to
enforce the regulations where violations occur of the Camping Ordinance’s campsite size
maximums and setback requirements, most notably the 250 feet from schools, and the 10-foot
setback from private property lines and other campsites.
Phase Four: Camping Ordinance Compliance Check (Weeks of August 26 and September
2, and ongoing)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
Following the first three phases of this effort, the City will assess the entire Mahon Creek Path
Area encampment, as well as all other camp sites in the City, and begin enforcing sites that have
fallen out of compliance with the Camping Ordinance. This process will continue on an ongoing
basis to ensure full compliance with the City’s regulations.
Enforcement activities will be conducted in compliance with SRMC 19.50.050. This means that
the City will provide written notices to individuals, providing 72-hours for them to comply with the
Camping Ordinance. Those who do not comply by the end of that period will have their campsite
abated by the City and its contractors. Throughout this process, the City will engage with non-
profit service providers to support impacted individuals. The City will also provide replacement
tents when necessary.
The amended ordinance (Attachment 1) proposes to reduce the noticing period to 48 hours and
allows the city to require an individual experiencing homelessness to immediately comply with the
ordinance when an encampment poses an imminent threat to life, health, safety or infrastructure
such that exigent circumstances require immediate removal of the encampment. Should the City
Council adopt the amended ordinance, these provisions would take effect 30 days from the
second reading of the ordinance which would take place at the September 3, 2024, Regular City
Council meeting. Until such time we must apply the regulations as defined in SRMC 19.50.050.
Until that time, the City must abide by the existing regulations notes above.
Sanctioned Camping Program
State Encampment Resolution Fund (Round 3) Grant Programs.
The California lnter-agency Council on Homelessness (Cal ICH) established the Encampment
Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local
jurisdictions, and continuums of care for the purposes of:
• Assisting local jurisdictions in ensuring the wellness and safety of people experiencing
homelessness in encampments, including short-term needs arising from their unsheltered
homelessness and their long-term needs through a path to safe and stable housing; and
• Providing grants to local jurisdictions and continuums of care to support innovative and
replicable efforts to resolve critical encampment concerns, and to support individuals in
accessing safe and stable housing, using Housing First approaches; and
• Encouraging a data-informed, coordinated approach to addressing unsheltered
homelessness at encampments.
The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April
2024, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241
in funding, specifically to jointly address San Rafael’s Mahon Creek Path Area Encampment.
The Mahon Creek Path Area encampment includes two branch areas along the Mahon Creek
Path and Andersen Drive from Lindaro Street to Rice Drive, as well as a previous branch area on
Francisco Boulevard West between Mahon Creek and Irwin Street. At the time of the application,
an estimated 65 individuals were residing in the Mahon Creek Path Area encampment. The
project is designed to provide help and support to these individuals.
The proposed programs to assist individuals experiencing homelessness at the Mahon Creek
Path Area Encampment will be conducted in partnership with the County of Marin’s Department
of Health and Human Services (HHS). HHS will contract one full-time equivalent (FTE) outreach
worker and three FTE Housing-Based Case Managers (HBCM). These staff members will be
dedicated to connecting 65 encampment residents to individualized case management, interim
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
and permanent housing, rapid re-housing subsidies, and other supportive services, with the goal
of ending homelessness for these residents and returning the Mahon Creek Path to its originally
intended public use.
Additionally, the grant seeks to fund two program phases. In the first phase, the City will establish
a sanctioned camping program and make safety/sanitation improvements to the area. This phase
will operate as a low-barrier, housing-focused safe sleeping site, and is described in detail below.
Overview of Sanctioned Camping Program
Utilizing the State ERF3 grant funds, the City will establish a sanctioned camping area program
along the northern portion of the Mahon Creek Path. The City is proceeding with this location for
a number of reasons.
Individuals experiencing homelessness have been camping in this area in recent years. When
the City banned camping at Albert Park, members of that encampment relocated to the Mahon
Creek Path Area, including a portion of Lindaro Street. In December of last year, the City then
banned camping along Lindaro Street due to it being a school route, resulting in more individuals
moving to the nearby Mahon Creek Path and along Andersen Drive.
ERF3 grant requires that the funds are used to provide alternative shelter in the general proximity
of the existing unsanctioned Mahon Creek Path Area encampment. Given this, the City’s ability
to establish the sanctioned camping site is constrained. Furthermore, the City does not own land
elsewhere that is suitable for this type of program, and the City’s diligent year long search for a
privately property alternative location for interim/transitional housing sites did not yield results.
Lastly, service providers recommend that the City provide a site that individuals can walk to
access services and food, and to provide a location that reduces disruption to those currently
camping in the area.
The proposed sanctioned camping area will be open to individuals identified as residing in the
Mahon Creek Area encampment prior to January 31, 2024 (the submission date of the ERF3
grant application). The sanctioned camping area will include up to 47 tent sites for enrolled
participants and be located on the northern portion of the Mahon Creek Path (between Francisco
Blvd. West and Lincoln Ave.). City staff anticipate the sanctioned camping area will operate for
approximately 12-18 months. The goal of the program is to support these individuals on their path
to housing.
Participation in the sanctioned camping area is voluntary and individuals will be prioritized based
on the following criteria (in rank order):
1. Plaintiffs in Boyd v. City of San Rafael
2. VI-SPDAT 1 Score
3. Length of time residing in the Mahon Creek Path Area encampment
4. Previous participation in the City’s Service Support Area
In advance of this, the City will provide notice to all Mahon Creek Path Area encampment
residents regarding the new sanctioned camping program, including details on how to register to
participate, the code of conduct required to participate, and the requirements for individuals on
1 VI-SPDAT stands for the Vulnerability Index – Service Prioritization Decision Assistance Tool which is
designed as a pre-screening or triage tool used by all providers within a community to develop deeper
understanding of the needs of people experiencing homelessness and help make prioritization decisions
for housing.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
the northern portion of the path to work with the City to replace their tents and to adjust their
location to an approved camping spot.
The City will also create a no-camping buffer along the southern portion of the Mahon Creek Path.
This is a best practice and seeks to limit individuals from camping near the program to take
advantage of its services and/or to engage in disruptive behavior that is counter to the mission of
the program. Individuals who are camping in the buffer zone and who do not participate in the
program will be permitted to camp elsewhere in the City subject to the Camping Ordinance.
The following items outline the proposed temporary infrastructure, service provision, community
engagement, and reporting on outcomes.
Sanctioned Camping Site Preparation and Temporary Infrastructure:
1. Safety and Security:
a. Gates - The northern Mahon Path Area, shown in Attachment 7, will be gated on
the Lincoln Avenue and Francisco Boulevard West entrances. Both gates will have
an Americans with Disabilities Act (ADA) compliant pedestrian entrance, as well
as emergency vehicle access.
b. Fencing - Chain link fencing will surround the sanctioned camping location and
will be increased to a height of 8 feet.
c. Security Guards – 24/7 security personnel will be on-site to assist with resident
safety, uphold the no-visitor policy of the camping location, notify emergency
services as needed, and monitor the overall location. Two guards will be stationed
at each entrance and a third will regularly walk throughout the camping area at
certain times during the day.
d. Fire Prevention – Fire extinguishers will be placed in outdoor cabinet locations
throughout the sanctioned camping area. The San Rafael Fire Department will
conduct fire safety inspections on a regular basis throughout the camping area.
2. Living and Meeting Spaces:
a. Campsites: The proposed program contemplates up to 47 total campsites,
including tent size dimensions of both 7’x7’ and 10’x10’. Participants residing in
7’x7’ tents will be provided with a storage locker to remain directly outside of their
tent for additional storage. Campsites will be placed no less than 6 feet apart within
the managed camp location.
b. Temporary Office & Staff Storage Units – Up to two small office units will be
placed on-site to be used by housing case managers and outreach staff. One
temporary storage container unit will be placed to offer staff a location to store
replacement equipment and necessary essentials. The office units may be added
later pending the required electrical utility access.
c. Meeting Space Canopies: Shade canopies will be set up to provide meeting
spaces for residents, as well as on-site staff.
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3. Sanitation:
a. Portable Restrooms with Handwashing Stations - Four standard restroom units
and two ADA compliant units will be provided for residents. One restroom will be
reserved for security and on-site staff use.
b. Garbage Pickup – Garbage dumpsters will be internally placed at the camping
area gates, as well as trash bins throughout the site. Garbage pickup service will
be provided regularly by Marin Sanitary Service. Additionally, participants will only
be able to keep items inside their campsite areas and not add additional items to
the exterior of their tents. On-site staff will work with residents on maintaining their
immediate campsite.
c. Designated Areas:
i. Smoking Area: A designated smoking area will be provided to ensure
smoking is safe and restricted to a managed location. Collection
receptacles will be located in this area.
ii. Pet Use Area: An area will be designated for pet use to accommodate
residents with dogs. Appropriate bags and garbage facilities will be placed
in this area.
Services Provided at the Sanctioned Camping Area:
1. Housing Case Management and Outreach: Marin County Health and Human Services
will contract with a housing case management provider to have three full-time housing
case management staff and one full-time outreach worker dedicated to the Mahon Creek
Path Area encampment through ERF3 funding. Participants enrolling in the sanctioned
camping program may already be working with a housing case manager from a different
agency and may still be eligible for a campsite based on their status as a Mahon Creek
Path Area resident prior to January 31, 2024. Eligible participants choosing to enroll in the
sanctioned camping program without a current housing case manager will be assigned to
an ERF3 staff caseload.
2. Weekly Shower Service: the City and County of Marin will continue to partner with
WeHope Mobile Homeless Services to provide weekly shower service to the sanctioned
camping area.
3. SAFE Team: The San Rafael SAFE Team will be available with their services to the
community including: emergency response for issues relating to mental health and
addiction, as well as non-emergency response for people in need.
4. Code of Conduct: Participants will be required to sign and abide by a code of conduct
(Attachment 8). This code of conduct details the rules and expectations of participants.
Community Engagement:
1. Community Stakeholder Zoom Meetings: City Staff and Defense Block Security
contractors will host regular meetings starting two weeks prior to sanctioned camping
program participant enrollment. These meetings will provide updates on site
developments to the surrounding business community and offer a time to address
questions and concerns to both City staff, service providers, the Marin County Lived
Experience Board, and the community.
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2. Staff Contact Availability: City Staff, Defense Block Security contractors, and County of
Marin HHS staff will be available to discuss concerns regarding the sanctioned camping
area as they arise. Contact information will be provided via QR code on signs posted at
the sanctioned camping area gate locations and on the City’s website.
Monitoring and Evaluation:
1. Security Reporting: Defense Block Security shall complete reports for all incidents or
significant interactions with residents, community members, staff members, and for any
unusual or general emergency situations. Daily reports will be made available to
designated City staff for oversight and review.
2. Program Management Reporting: The program management contractor shall maintain
accurate records of the resident list, significant interactions with participants, housing
placements, resident information, and program outcomes. They will utilize data to inform
site improvement recommendations and report on both completed and needed site
maintenance. Regular site check-in meetings will be held to report project successes and
challenges to City Staff.
3. City Council & Community Updates: City staff plan to provide a public update to the
City Council on the sanctioned campsite program progress after six months of the site’s
opening date. The update report will include data points such as the number of participants
enrolled, the number of residents transitioned to permanent or temporary housing, barriers
to housing placement, case management and outreach activities, neighborhood
improvements, services provided to residents, and an ERF3 grant expenditure summary.
Additional Homelessness Program Contracts:
The success of the sanctioned camping program heavily relies on the expertise and commitment
of our partners. Earlier this year, the City released a Request for Proposals (RFP) for the various
components of the Sanctioned Camping Area including:
• Property and program management, including operations and security oversight
• Security contractors, trained in de-escalation and harm reduction
• Mobile shower and laundry services,
• Waste management and hauling services (including hazardous material disposal)
As a result of this RFP, staff recommend adopting the resolution (Attachment 2) authorizing the
City Manager to negotiate and execute contracts with Defense Block Security, FS Global
Solutions, Other Junk Co., and WeHope Showers to ensure comprehensive support and services
for the camp residents. These partnerships are crucial in maintaining a safe, clean, and supportive
environment, ultimately contributing to the overall stability and success of the sanctioned camp.
By securing these contracts, the City can provide essential services that address the diverse
needs of the individuals residing there and fostering a community where individuals have dignity,
can improve their health, and work towards housing stability. A discussion of these contractors
and their proposed scope of services is below:
1. Defense Block Security (DBS)
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Defense Block Security (DBS) specializes in providing security solutions tailored to
community needs. Their approach emphasizes the importance of creating a safe
environment while maintaining the dignity and respect of all individuals. DBS has
extensive experience in managing security for safe sleeping programs, as well as
emergency, interim, and supportive housing environments in Sonoma County. Defense
Block Security assisted with the launch and security services of Sonoma County’s
Emergency Shelter Site (ESS) which started with 87 tents and provided services to
residents on their path to permanent housing. The City of Rohnert Park contracted with
DBS to provide security coverage to the city’s Safe Sleeping Program (SSP) in 2022.
Defense Block Security worked closely with the City’s Public Works, Police Department,
Fire Department, Housing and Code Enforcement Divisions to prepare and coordinate the
on-site program. DBS was the only contractor on the SSP site for the first 60 days and
during that time the Rohnert Park Fire and Police Departments witnessed a 60% decrease
in the calls for service. DBS will ensure the safety of camp residents and staff, thereby
fostering a secure and supportive atmosphere conducive to recovery and growth.
City Staff have worked with DBS to select the following proposed staffing levels for the
duration of the sanctioned camping area. The first three months will carry a daily staffing
level of eight security guards on-site, totaling 64 hours per day. After the initial three-month
start-up phase, there will be a daily staffing level of seven security guards, totaling 56
hours per day. Proposed staffing levels for each shift throughout the project’s duration are
outlined below.
DBS will provide mobile guard shacks and ensure all necessary equipment is included. The City will need to provide power, bathroom facilities, and lighting around the guard shacks. DBS staffing and equipment cost information is provided in Attachment 3.
Staff recommend proceeding with a contract not-to-exceed $850,000, which includes a
7% contingency.
2. Foege Schumann Global Disaster Solutions (FS Global Solutions)
Foege Schumann Global Disaster Solutions (FS Global Solutions) specializes in
emergency shelters, rescue support services, and disaster relief. In recent years, FS
Global has served nearby communities in Sonoma County by supporting the operations
of non-congregate shelters in Rohnert Park and Sonoma County’s Emergency Shelter
Site.
Based on their previous experience supporting shelter operations, FS Global proposes
providing on-site services and 24-hour staffing five days a week. Under this proposed
contract, they will:
• Facilitate and complete participant enrollment into the site.
• Conduct regular participant check-ins and assist case management staff in
maintaining contact with participants.
• Document and maintain records of participant enrollment, conduct violations,
equipment issued, and other pertinent information.
• Respond to emergencies and coordinate with relevant services.
• Issue replacement equipment and/or essential items as needed.
• Educate participants on code of conduct and work with individuals to gain compliance.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14
• Issue conduct violation warnings and manage termination process when necessary.
• Collaborate with security staff, waste hauling contractor, and mobile shower service
provider to maintain site operations.
• Participate in stakeholder engagement and inquiry response, especially from
surrounding businesses.
Staff recommend proceeding with a contract not to exceed $675,000, which includes a
7% contingency.
3. Other Junk Co.
The Other Junk Co. specializes in managing and cleaning up unhoused encampments,
particularly those near sensitive environmental areas like creeks. These encampments
can pose significant health, safety, and environmental hazards due to the accumulation of
trash, waste, and hazardous materials, leading to water pollution and the spread of
diseases. The complexity of managing these encampments requires a nuanced approach
that respects residents' possessions while ensuring public health and safety.
Founded on principles of sustainability and community support, The Other Junk Co.
focuses on repurposing and donating items, furniture, and clothing collected during
cleanup operations. This approach not only aids those in need but also significantly
reduces the environmental impact of waste, aligning with the City Council’s goals and
objectives of sustainability.
The Other Junk Co. offers comprehensive services to address the needs of these
encampments. They will remove, separate, and dispose of all materials, prioritizing
recycling and repurposing to support those in need and minimize environmental impact.
Their team is trained to handle hazardous waste safely in compliance with governing
regulations, using personal protective equipment and following strict protocols to ensure
the safety of everyone involved.
Community engagement is a key component of their philosophy, as they work
compassionately with encampment residents, providing essential aid and promoting
cleanliness. Additionally, they provide detailed reporting to offer transparency into the
cleanup process and demonstrate the positive impact on the community and environment.
The City has contracted with The Other Junk Co. for the ongoing clean-up and waste
hauling of the Mahon Creek Path Area encampment in the past. For the sanctioned
camping area they will provide similar services during the period the City is establishing
the sanctioned camping area for the northern portion of the Mahon Creek Path, as well as
the cleanup of the southern portion of the path.
Staff recommend proceeding with a contract not-to-exceed $650,000 which includes a
10% contingency (Attachment 4).
4. WeHope Showers
WeHope Showers provides mobile shower and hygiene services designed to meet the
needs of unhoused populations. Their facilities offer clean, safe, and dignified
environments where individuals can attend to personal hygiene, a critical aspect of
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15
maintaining health and self-esteem. By partnering with WeHope Showers, the City will
ensure that residents of the sanctioned camp will have regular access to essential hygiene
services, thereby enhancing their overall well-being and quality of life.
WeHope's operations will include regular coordination with the City of San Rafael and the
County of Marin Health and Human Services Division, as well as quarterly check-ins with
City staff.
The City, through the Community Homeless Fund collaboration with the County of Marin,
City of Novato, and Town of Fairfax, have contracted with WeHope to provide regular
shower services to experiencing homelessness in each jurisdiction. WeHope proposes to
increase the frequency of service to offer services specifically for the sanctioned camping
area.
Staff recommend proceeding with a contract (Attachment 5) not-to-exceed $112,400 for
both sanctioned camping area services and ongoing services via the Community
Homeless Fund.
The ERF3 Grant also includes the purchase of a new shower trailer to replace the current
one used by WeHope. Staff will return to the City Council in the coming months to request
approval for that purchase.
Additional Homelessness Services Contracts:
5. Downtown Streets Team
Downtown Streets Team is a nonprofit organization that addresses homelessness by
providing employment opportunities, case management, and supportive services to
individuals experiencing homelessness. Downtown Streets Team has been working
closely with the downtown business community to ensure a clean and inviting downtown
area since its launch in San Rafael in July of 2013. Their dedicated team responds to
reports of trash dumping and actively engages individuals experiencing homelessness in
clean-up efforts. Through their unique approach, they not only address cleanliness
concerns but also provide opportunities for individuals experiencing homelessness to
regain stability and improve their quality of life.
Downtown Streets Team provides regular progress reports, detailing the number of clean-
ups conducted, trash dumping incidents addressed, and outcomes achieved in terms of
housing placements and employment opportunities. Over the last eleven months, they
have facilitated:
• 6,112 hours of cleanup services volunteered by as many as 23 team members (actual
volunteer team size fluctuates)
• More than 100,000 gallons of trash removed from Downtown and the Canal
neighborhood
• 16 net jobs (10 of these new jobs during the period) lasting more than 3 months
• An 85% retention rate (at least six months)
The FY 2024-25 agreement (Attachment 6) includes a scope of work which prioritizes two
goals: 1) engagement of individuals in encampments into housing-focused case
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 16
management, and 2) placement of cleanup teams to improve environmental conditions
within those encampments. City funding of $200,000 would be combined with other DST
funding sources -- including a $713,336 contribution from the County of Marin Health and
Human Services, and $83,535 from private contracts.
DST will address encampments, waste-related issues, and provide housing-focused case
management to individuals experiencing homelessness. At least 20 team members will
focus on encampment “hot spots” while maintaining cleanup efforts in the City’s
downtown, including Fourth Street, and the Canal neighborhood. DST will be evaluated
according to targeted outcomes that include housing-focused case management as a core
competency, in addition to its existing employment-focused initiatives. City staff will
continue to conduct periodic meetings and evaluations with DST to assess their progress,
review monthly progress reports, review the allocation of funds, and ensure alignment with
the City's goals and objectives.
City-County Partnership Development
Homelessness is a multifaced and complicated issue that cannot be solved by one agency alone.
Recognizing this, the City of San Rafael and the County of Marin key executives and staff are
working collaboratively to create a more intentional and formalized City-County partnership to
enhance interagency collaboration and address community needs to address homelessness in
San Rafael.
Next Steps
In addition to taking the steps to implement and enforce the City’s existing and proposed amended
camping regulations, and establishing the sanctioned camping program, staff are working to
identify a location for the second phase of the ERF3 Grant. This second phase will fund the
creation of an interim, non-congregate shelter that may take the form of a tiny home village similar
to what has been implemented in other jurisdictions. This work will require the on-going
partnership with the County of Marin and other community partners to ensure that while Marin
jurisdictions make investments in permanent supportive housing, similar investments are made
toward creating interim shelter and transitional housing to support all individuals experiencing
homelessness on their pathway to housing.
COMMUNITY OUTREACH:
Educational and community outreach is a key part of the City’s approach to this work. Over the
last year, the City has organized a Zoom Town Hall meeting with San Rafael Public Schools to
address school community concerns about encampments near Davidson Middle School
previously along Lindaro St. The City also provides regular homelessness update e-newsletter
updates, posts answers to frequently asked questions, and publishes videos covering the City’s
response to homelessness via the City’s website. In addition, the City plans to coordinate with the
Marin County Lived Experience Advisory Board (MC-LEAB), and individuals currently residing at
the unsanctioned encampment, to get their feedback as we work to refine the implementation
plan for the sanctioned camping program.
Additionally, City staff and the sanctioned camping program service providers and contractors will
host regular meetings starting two weeks prior to sanctioned camping program participant
enrollment. These meetings will provide updates on site developments to the surrounding
business community and offer a time to address questions and concerns to both City staff, service
providers, the Marin County Lived Experience Board, and the community at large.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 17
FISCAL IMPACT:
The costs associated with the establishment of the Sanctioned Camping Area will be funded by
a $1M state appropriation provided by Senator McGuire and the County of Marin as well as
approximately $4M of the $5M ERF3 Grant. While the County of Marin has yet to receive the
ERF3 funds from the State, the County will be able to provide the $1M from the state appropriation
in September, pending authorization from the Marin County Board of Supervisors. The ERF3
Grant must be expended by June 30, 2027.
Costs associated with the site preparation and set-up of the Sanctioned Camping Area is
estimated to cost $500,000. This work includes site engineering, fencing, utility repairs, and other
program assets like office spaces, tents, and other furniture, fixtures, and equipment. Contracts
for these services and purchases are expected to fall within the City Manager’s signing authority.
The total cost associated with the site preparation, set-up and contract services for Sanctioned
Camping Area is $2,256,500. As shown in Table 1, Staff is requesting an appropriation from the
Grants Fund 283 in this amount to support the initial costs and contracts associated with the
Sanctioned Camp in order for the City to begin this work immediately.
Table 1: Requested Appropriation Amounts
Start Up Costs $ 500,000
Defense Block $ 850,000
FS Global $ 675,000
We Hope $ 26,400
Other Junk Co. $ 165,000
Downtown Streets Team $ 40,000
Total $ 2,256,400
Staff is requesting corresponding authorization for the City Manager to execute and enter into
contracts for these services, as well as for the Downtown Streets Team (DST) contract, as shown
in Table 2. For the Downtown Streets Team (DST) contract, the fiscal impact is $200,000. Of this,
$40,000 is funded by the ERF3 grant, and $160,000 is funded by the FY 2024-25 General Fund
budget.
Table 2: Requested Contract Authorization
Defense Block $ 850,000
FS Global $ 675,000
We Hope $ 112,400
Other Junk Co. $ 165,000
Downtown Streets Team $ 200,000
Total $ 2,002,400
Staff recommends the City Council adopt the Resolution (Attachment 2) which facilitates the
requested appropriation of funds and authorization to enter into these agreements.
OPTIONS:
The City Council has the following options to consider on this matter:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 18
1. Approve the staff recommendations.
2. Approve the staff recommendations with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
1. Waive the reading and introduce the Ordinance Amending San Rafael Municipal Code
Chapter 19.50 -- Camping on Public Property.
2. Adopt the Resolution appropriating $2,256,400 from the Grants Fund 283 to support the
initial costs and contracts associated with the Sanctioned Camp Area and authorizing the
City Manager to execute contracts in the amount of $2,002,400 for the first phase of the
Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness
program services.
ATTACHMENTS:
1. Ordinance
2. Resolution
3. Exhibit A to the Resolution - Defense Block
4. Exhibit B to the Resolution-The Other Junk Co.
5. Exhibit C to the Resolution- WeHope
6. Exhibit D to the Resolution- Downtown Streets Team
7. Sanctioned Camp Site Plan
8. Draft Sanctioned Camp Code of Conduct
9. Correspondence
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON
PUBLIC PROPERTY” REGULATING CAMPING ON PUBLIC PROPERTY WITHIN THE
CITY OF SAN RAFAEL
SECTION 1. FINDINGS
WHEREAS, the purpose of this Ordinance is to enact regulations to address camping in or
on public property in the City of San Rafael. The City Council has authority to adopt this
Ordinance pursuant to the California Constitution Article XI, section 7; and
WHEREAS, the City Council recognizes that camping in the City by persons with no
alternative shelter, and the activities often attendant with camping, have created adverse
public health, safety, and welfare conditions for the public, including those who live in the
City’s encampments; and
WHEREAS, the City, along with the County of Marin and community partners, has been and
is undertaking extensive actions to assist unsheltered persons in the City and region to find
shelter and needed services; and
WHEREAS, on June 28, 2024, the Supreme Court issued its decision reversing the Ninth
Circuit Court of Appeals in Grants Pass v. Johnson finding that the City of Grants Pass had
not violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the
United States Constitution by prohibiting camping on public property when the City could not
establish that there was enough alternative shelter available to accommodate the number of
individuals experiencing homelessness in the community; and
WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24
instructing State agencies to prioritize the humane removal of encampments, including
conducting site assessments, providing advance notice, offering outreach services, and
personal property storage for at least 60 days, and encouraging local governments to adopt
policies consistent with the order; and
WHEREAS, the City Council recognizes and finds that there are public health and safety
hazards and public nuisance activities and conditions frequently associated with camping on
public property, and that there are certain public properties where the existence of campsites
is incompatible with the necessary use of the property by the public, or where camping
presents unacceptable hazards and/or costs to the City’s operations and to the public; and
WHEREAS, some unsheltered persons in the City live in temporary shelters on public
property, such as tents and tarps, and accumulate, store, or leave behind personal property,
garbage, waste, and biohazards; and
WHEREAS, camping on public property can lead to damage to public property, or hindrance
of the operation or protection of public infrastructure and utilities, creating a potential health
and safety hazard; and
WHEREAS, camping on public property can have a deleterious impact on the public use of
public property, businesses, private real property, and economic development within the City;
and
WHEREAS, in July 2023, the City Council adopted Ordinance No. 2030, setting new spacing
and density rules and other restrictions for camping on public property by persons with no
alternative shelter available; and
WHEREAS, in the case of Boyd et al. v. City of San Rafael, N.D. Cal., Case No. 23-cv-
04085- EMC (“Boyd”), the Court issued a Preliminary Injunction Order under which the City
was permitted to enforce Ordinance No. 2030 under Court-modified rules which were
operationally impractical to implement, particularly as they involved procedures to administer
the Ordinance’s spacing and density requirements; and
WHEREAS, in May 2024, the City Council adopted Ordinance No. 2035, which modified the
regulations adopted through Ordinance No. 2030 by allowing campsites of up to 200 square
feet for one person and 400 square feet for up to 4 persons camping together; eliminating the
200-foot spacing requirement; requiring a 10-foot safety clearance around each campsite and
10-foot setbacks from other campsites, public utility infrastructure, and private real property;
specifying enforcement notice and due process requirements; and making other language
changes set forth in the Ordinance; and
WHEREAS, by this Ordinance, the City Council seeks to modify the regulations adopted in
Ordinance Nos. 2030 and 2035 to make amendments in light of the recent Supreme Court
decision in Grants Pass v. Johnson, to clarify prohibitions against the construction of
unpermitted structures and use of building materials for camping on public property, to
provide additional safety setbacks from roadways, to update enforcement provisions to align
with Governor Newsom’s Executive Order 1-N-24, and making other language changes set
forth in the Ordinance; and
WHEREAS, by amending the City’s camping regulations, the City’s goal is to effectively
regulate and enforce camping laws for the health and safety of all of the public, including
residents who are experiencing homelessness; and
WHEREAS, for the reasons set forth above, this Ordinance is declared by the City Council to
be necessary to protect public health, safety, and welfare; preserve public property for the
enjoyment and safety of all members of the public; enhance and preserve the orderly
administration and management of public property; and preserve, protect, and prevent
damage to public resources, and the recitals above taken together constitute the City
Council’s statement of the reasons for adopting this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 19.50
Chapter 19.50 of the San Rafael Municipal Code, entitled “Camping of Public Property” is
hereby amended in its entirety to read as follows:
Chapter 19.50 - CAMPING ON PUBLIC PROPERTY
19.50.010. - Purpose.
The purposes of this chapter include but are not limited to: protecting public
health, safety, and welfare; preserving public property for the enjoyment and
safety of all members of the public; enhancing and preserving the orderly
administration and management of public property; and preserving, protecting, and
preventing damage to public resources. This chapter prohibits conduct that
unreasonably interferes with the administration and lawful uses of public property
by establishing reasonable time, place, and manner conditions related to camping
on public property.
19.50.020 - Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. "Camp" or "Camping" means use of space on public property for living
accommodation purposes such as sleeping activities, or making preparations to
sleep (including the laying down of bedding for the purpose of sleeping), or
storing personal belongings, or using any tents or shelter or other structure or
vehicle for sleeping. The above-listed activities constitute camping when it
reasonably appears, in light of all the circumstances, that the participants, in
conducting these activities, are using the area as a living accommodation
regardless of the nature of any other activities in which they may also be
engaging.
B. "Camp paraphernalia" means implements and equipment used for
camping, including tents, cots, beds, hammocks, vehicles, other temporary
physical shelters, tarpaulins, mattresses, sleeping bags, bedrolls, blankets,
sheets, pillows, and cookware or cooking equipment.
C. "Campsite" means the primary physical area of occupation of one person
camping or up to four persons camping together, inclusive of camp facilities,
camp paraphernalia, and personal property.
D. "Open space property" means any area described in San Rafael Municipal
Code Section 19.10.020. The city will maintain on its public website and in
hard copy at the City Clerk's office a map of all open space property
meeting this definition.
E. "Playground" means an improved outdoor area designed, equipped, and set
aside for children's play in a park or school that is not intended for use as an
athletic playing field or athletic court, and also includes any playground
equipment, fall zones, surface materials, access ramps, and all areas within
and including any designated enclosure and barriers.
F. "Public facility" means any building or structure on public property, whether
secured, unsecured, locked, unlocked, open, or enclosed, as well as any
area of public property enclosed by a locked fence.
G. "Public property" means any real property within the jurisdiction of the City of
San Rafael, which is owned, managed, or controlled by the City of San
Rafael.
H. "Public right-of-way" means land which by written instrument, usage or process
of law is owned by, reserved for or dedicated to the public use for street or
highway purposes, or other transportation purposes, whether or not such land
is actually being used or developed specifically for those purposes.
I. "Public utility infrastructure" means public bathrooms or infrastructure and
equipment used to provide public utility services, including electricity, gas,
water, stormwater, telecommunications, and sanitation services.
J. "School" means any public or private institution of educational learning up to
and including grade 12.
K. "Sidewalk" means any area in the city provided for the use of pedestrians,
including planting areas, driveway approaches, and parking strips, between the
public vehicular roadway and the edge of public right-of-way bordering,
fronting, or adjacent to private real property.
L. "Store" means to put aside or accumulate for use when needed, to put for
safekeeping, or to place or leave in a location.
M. "Vehicle" means any wheeled conveyance, whether motor-powered or self-
propelled, and includes any trailer in tow of any size, kind, or description.
19.50.030 - Prohibited Camping on Certain Public Property.
A. Prohibited Camping
1. Open space property. No person or persons shall camp in or on any open
space property, or portion thereof.
2. Parking garages. No person or persons shall camp in or on the
premises of any parking garage, or portion thereof, owned or operated
by the city.
3. Public facilities. No person or persons shall camp in or on any public
facility, or portion thereof, or in a manner that obstructs, blocks, or
otherwise interferes with access to a public facility or private real
property.
4. Playgrounds. No person or persons shall camp within 100 feet of any
playground.
5. Schools. No person or persons shall camp within 250 feet of the property
boundary of any school.
6. Public right-of-way and sidewalks. No person or persons shall camp in or
on any public right-of-way or sidewalk, or portion thereof, or in a
manner that obstructs, blocks, or otherwise interferes with use of or
access to a public right-of-way or sidewalk.
B. The city council or city manager may, by resolution or administrative order,
absolutely prohibit camping, or adopt time, place, or manner conditions on
camping, at any time in or on one or more public properties, or portion
thereof.
C. The city shall maintain on its public website and in hard copy at the city
clerk's office a current citywide map of all public property parcels prohibited
to camping by subsections (A)(1), (A)(2), (A)(4), (A)(5), and (B) of this
section 19.50.030.
19.50.040 - Prohibited Camping on Other Public Property; Exception.
A. As to public property not listed as prohibited for camping under Section 19.50.030, no
person shall camp on such other public property, except as set forth below.
B. Time, place, and manner conditions:
1. Campsite size and occupancy.
a. No campsite occupied by one person shall exceed an area of 200 sq.
ft., inclusive camp paraphernalia, and personal property.
b. No campsite occupied by more than one person shall i) exceed an
occupancy of four persons or ii) exceed an area of 400 sq. ft.,
inclusive of camp paraphernalia, and personal property.
c. All camp paraphernalia, and other personal property shall be stored
and kept within the maximum permitted campsite area.
d. Items stored or discarded outside of the maximum permitted campsite
area shall be presumed to be unattended personal property or trash or
debris and may be stored or discarded by the city.
e. No person shall establish or occupy more than one campsite.
2. Clearance and setbacks.
a. A minimum clearance of 10 feet around all sides of any campsite
allowed under this section shall be maintained free and clear of trash,
debris, and personal property, including but not limited to camp
facilities and camp paraphernalia. Items stored or discarded within
the 10-foot clearance area shall be presumed to be unattended
personal property or trash or debris and may be stored or discarded
by the city.
b. No campsite may be established or occupied within 10 feet of any
other campsite allowed by this section, public utility infrastructure,
or private real property, including a fence of such property.
c. No campsite may be established or occupied within 5 feet of the edge
of pavement of a roadway open to the use of the public for purposes of
vehicular traffic.
3. Unpermitted structures and building materials. No person shall occupy,
construct, or erect on public property, or affix or tie to public or private
property, any building, shed, shack, fence, or other structure made of
building material, or store any building material on public property for
camping. For purposes of this paragraph, “building material” includes
wood, steel, concrete, stone, brick, masonry, plastic, cement composites,
glass, sand, or other similar material of a type and quantity normally used
for construction purposes.
a. Exception: Fabric tents, fabric tarps, or other similar non-permanent,
removable items may be used for temporary shelter within a campsite,
provided they are not affixed or tied to any public property, private real
property, vegetation, or infrastructure, except for the use of removable
stakes to secure the item to unimproved ground on public property.
b. Exception: Removable plastic pallets or sandbags may be used to
temporarily raise a tent or other camp facility off of the ground, provided
that such items are not affixed or tied to any public property, private real
property, vegetation, or infrastructure.
19.50.050 - Violations; Enforcement.
A. In addition to enforcement as described below, the City may enforce this
chapter pursuant to chapters 1.42, 1.44, and 1.46; provided, however, that no
person shall be charged with a criminal violation unless their unlawful
conduct is knowing or willful.
B. The city manager or their designee shall be responsible for enforcement of
this chapter.
C. For a violation of section 19.50.030(A)-(B), the city manager or their
designee may require the person in violation to immediately cease the
prohibited camping.
D. For violation of section 19.50.040(B)(1)-(2), related to the size, occupancy,
and clearance or setbacks of a campsite, the person camping shall be
given 48 hours to come into compliance with this chapter. The city
manager or their designee shall provide upon request a physical
demarcation of the allowed boundary to assist the person camping to
comply with this chapter.
E. Unpermitted structure. For a violation of section 19.50.040(B)(3), related to
an unpermitted structure, the structure shall be tagged with a notice to
remove the structure from public property within 48 hours. If the noticed
structure is not removed from public property within 48 hours of notice, the
city manager or their designee may immediately remove such structure and
restore the public property.
F. Exigent Circumstances. For a violation of section 19.50.040(B)(1)-(2)
whereby there is an imminent threat to life, health, safety or infrastructure
such that exigent circumstances require immediate action, the City Manager
or their designee may require the person in violation to immediately cure the
violation. The City Manager or their designee shall provide as much advance
notice as reasonable under the circumstances.
19.50.060 - Conflict with Other Regulations.
To the extent that there is any conflict with any other provisions of this code, the
standards and regulations of this chapter shall prevail.
SECTION 3. COMPLIANCE WITH CEQA
This Ordinance was assessed in accordance with the authority and criteria contained in
the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the city. The city council hereby finds that under section
15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
requirements of CEQA because it can be seen with certainty that the provisions
contained herein would not have the potential for causing a significant effect on the
environment. It also finds the Ordinance is exempt from the requirements of CEQA
pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory
agency taken to protect the environment and natural resources.
SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to
be severable. If for any reason, any section, paragraph, clause, or phrase is held to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining sections, paragraphs, clauses or phrases,
and the remaining portions or this Ordinance shall continue in full force and effect
unless amended or modified by the city.
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published and circulated in the City of
San Rafael and shall be in full force and effect 30 days after its adoption. If published in
summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same,
in a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of
those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 19th day of August 2024, and was passed and
adopted at a regular meeting of the San Rafael City Council on the 3rd of September
2024, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________
Kate Colin, Mayor
ATTEST:
______________________
Lindsay Lara, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
APPROPRIATING $2,256,400 FROM THE GRANTS FUND 283 TO SUPPORT THE INITIAL
COSTS AND CONTRACTS ASSOCIATED WITH THE SANCTIONED CAMP AREA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN THE AMOUNT OF
$2,002,400 FOR THE FIRST PHASE OF THE ENCAMPMENT RESOLUTION FUND ROUND
3 (ERF3) GRANT PROGRAM AND OTHER HOMELESSNESS PROGRAM SERVICES
WHEREAS, Homelessness remains a significant challenge across the United States
and San Rafael is no exception; and
WHEREAS, the City Council through their Fiscal Year 2023-24 and 2024-25 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, the first phase, the City will sanction an area for camping and make
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 $850,000 as detailed in Exhibit A to this
Resolution; and
WHEREAS, The City has identified the Other Junk Company to provide sanctioned
camp area and encampment waste hauling services in an amount not to exceed $165,000 as
detailed in Exhibit B to this Resolution; and
WHEREAS, the City has identified WeHope to provide shower services for the
sanctioned camp area and in accordance with services provided through the Community
Homeless Fund in an amount not to exceed $112,400 as detailed in Exhibit C to this Resolution;
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
WHEREAS, the City funds additional annual Homelessness Program Services through a
contract with the Downtown Streets Team in an amount not to exceed $200,000 as detailed in
Exhibit D to this Resolution.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does hereby
appropriate and allocate $2,256,400 from the Grants Fund 283 to support the initial costs and
contracts associated with the Sanctioned Camp Area, and
FURTHER BE IT RESOLVED, that the City Council hereby authorizes the City Manager to
execute and enter into agreements for services referenced in this Resolution and attached
hereto as Exhibits A through D in the cumulative amount not to exceed $2,002,400 for the first
phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other
homelessness program services as detailed in the accompanying staff report to this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City on the 19th day of August 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________
Lindsay Lara, City Clerk
Attachment A
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2023-24 FOR THE
PURPOSE OF CONFIRMING AUTHORIZED APPROPRIATIONS AND TRANSFERS
WHEREAS, the City Council approved Resolution No. 15221 adopting the fiscal
year 2023-2024 budget; and
WHEREAS, the City Council approved other actions during the fiscal year to
authorize spending; and
WHEREAS, as part of the fiscal year-end closing process, staff has reviewed and
analyzed actual revenues, expenditures and transfers through June 30, 2024, has
identified a need for additional budget adjustments, and has submitted its analysis and
recommendations in a report to the City Council; and
WHEREAS, after examination, and due consideration, the City Council has
accepted the same report and recommendations;
NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council that
Resolution No. 15221 for fiscal year 2023-2024 is further amended to authorize the
following adjustments to resources and appropriations to selected funds:
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
Council of said City on Monday, the 19th day of August 2024 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
LINDSAY LARA, City Clerk
Revenues:
Fund Current Budget Resources Transfers in Revised Budget
001 - General Fund 100,017,060 300,000 100,317,060
242 - Measure C Wildfire Prevention Parcel Tax 1,956,238 750,000 2,706,238
281 - Grants Fund - Safety 683,099 13,282 696,381
420 - Measure E-Public Safety Facility - 450,000 450,000
Total Revenue Adjustments 750,000 763,282
Expenditures:
Fund Current Budget Appropriations Transfers out Revised Budget
001 - General Fund 104,465,324 - 450,000 104,915,324
216 - Measure G - Cannabis 180,246 300,000 480,246
242 - Measure C Wildfire Prevention Parcel Tax 2,449,464 750,000 3,199,464
Total Expenditure Adjustments 750,000 750,000
Rev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
DEFENSE BLOCK SECURITY
FOR SECURITY SERVICES IN SANCTIONED CAMPS
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 DEFENSE BLOCK SECURITY, a California corporation (hereinafter
"CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or
collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal (“Proposal”) set forth in Exhibit A, which
constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
v 08.22 2
$850,000. This amount includes contingency funds in the amount of $52,328, which would not be
used without written authorization from the CITY.
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
the Effective Date of this Agreement and terminate one (1) year from the Effective Date.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. Homelessness and Housing Analyst, Mel Burnette 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. Denise Little 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.
v 08.22 3
6. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
“City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT’s work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the
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,
v 08.22 4
CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
v 08.22 5
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
To CITY’s Project Manager:
Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Denise Little, Director of Operations
9238 Old Redwood Hwy Ste 202
Windsor, CA 95492
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
v 08.22 6
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
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.
v 08.22 7
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more
fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.
v 08.22 2
Defense Block Security (DBS)
9238 Old Redwood Hwy Suite 202
Windsor Ca 95492
707-843-7194
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
Defense-Block Security will furnish licensed, uniformed, and trained security personnel 24
hours per day (or hours specified by the City), in the amounts requested by the City of San
Rafael. The security guards will conduct random foot patrols of the site and provide security
check-ins to any entrance and exits. Security will work as a team to identify suspicious and/or
illegal behavior and report potential criminal behavior to the City and San Rafael Police
Department when appropriate. The primary function of unarmed security is to deter criminal
acts or behavior and observe and report. Security guards will be responsible for assisting in
any emergency situation and observe and report criminal acts to Public Safety.
The security guards shall perform services to include: reporting any suspicious or criminal activity
to City and/or Public Safety personnel, deterring loiterers or individuals in violation of city
ordinances, and reporting any and all vandalism and safety/hazardous conditions (to include
dangerous drug paraphernalia, hazardous material or weapons). The guards shall be available for
security escorts for the City or staff to and from their parked vehicles when security staffing
allows.
Defense Block Security has extensive and unique experience in facilitating a safe and organized
transitional living site. Defense Block Security is experienced in customer service, de-escalation
communication techniques, and firm, fair and compassionate security services. DBS will conduct
walking patrols in the encampment on a regular basis, interacting with residents and maintain
perimeter security of the encampment fencing; perform inspection, detection, and investigation of
all security- related incidents, violation of rules and regulations, and matters of public safety and
report the same to the appropriate authorities or designated personnel; prepare and submit written
reports as directed by the City of San Rafael; respond promptly and appropriately to all
security-related emergencies and assist service providers and the City with escorts on site and
general security issues while personnel are on site.
The City reserves the right to request a change in staffing level at any time during this contract. If
the City wishes to request a reduction in security staffing level, the City Project Manager will
provide Defense Block> Security notice in writing at least 15 business days before the change
would take effect. Whenever possible, the City Project Manager will provide additional notice of
change in staffing level.
General Duties:
v 08.22 3
Security staff will provide on uniformed security of the site through the duration of all shifts;
guards should be on foot patrol for their shift. Guards will enforce all site rules as posted. Security
will keep track of residents who are on site via a method designed and implemented by the City.
Security staff will maintain the confidentiality of all residents and on these sites. Security will brief
with City and/or service providers at beginning and end of shift to share any and all pertinent
information.
Required Duties:
• Frequent foot patrols of the entire site (guards will be recommended to work in pairs for
first 90 days), provide a visible presence to discourage vandalism, unauthorized entry, and
personal threats between residents, staff, and community members. Encourage the "good
neighbor" philosophy within the site and surrounding neighbors.
• Make scheduled and unscheduled rounds within the site, ensuring general order and
safety.
• Notify appropriate law enforcement immediately of serious offenses.
• Interface immediately with law enforcement and be a good witness.
• Appear for work promptly, in uniform, and on time.
• Wear uniform and badges to easily identify themselves as an unarmed security
professional.
• Drive safely and slowly onto the site and in designated parking areas
• Be equipped with portable radios communication devices so security may speak to each
other throughout the camp.
• Visual searches of resident property will be conducted upon every entry.
Unauthorized/prohibited items will not be allowed on site and resident will be denied
entry if in possession of “weapon” as defined by the posted rules. All residents will be
asked to submit to searching with a security wand. Security will document and report all
search refusals and notify provider for follow up.
Reports:
• Defense Block Security (DBS) shall complete reports for all incidents or significant
interactions with residents, community or staff members as well as unusual or general
emergency situations. Reports will be made available to designated City staff.
Personnel:
Unarmed security guards assigned to perform work under this Agreement shall wear
uniforms at all times. The uniform will clearly identify the Contractor and the name of the
individual working. The unarmed security professional employed by the Contractor under
this Agreement shall:
o Be able to communicate effectively in both written and oral English.
o Possess a valid California Driver's License.
o Have successfully completed the educational requirements and successfully passed
v 08.22 4
the examinations required by the State of California, Department of consumer
Affairs, including the Power of Arrest course
Equipment:
Contractor shall furnish all equipment agreed upon necessary to perform the assigned and agreed
upon duties. Guards will have access to:
• Flashlights
• Portable Radios
• Basic First Aid Kit
• Security Wand ( for searching)
• All reporting and documentation supplies ( cellular phones, digital reporting and
scheduling system)
• All PPE necessary; sanitation and cleaning supplies
• 2 portable guard shacks leased to the City of San Rafael
• Narcan units at each guard shack
Pricing/Equipment/Staffing Recommendations: Budget $850,000 for 1 year
Staffing recommendations/Pricing:
During build of fencing and encampment: first 30 days
Month 1 (30 days) (if less than 10 residents on site)
Hourly: $36.50/hr per guard
Dayshift: 2 guards
Swingshift: 2 guards
Graveshift: 2 guards
48 hours of security service daily
Cost: $36.50/hr per guard
Monthly approximate cost: $54,330.00 ( with 2% ins fee and PPE/Shack rental)
Months 2-4 (90 days)
Hourly: $36.50 per guard
Hourly: $33.00 per hour for Covershift #2
Dayshift: (2 guards)
Day/swing Covershift: (#1); 1 guard
Swingshift: 2 guards
Swing/Grave Covershift: (#2); 1 guard
Graveshift: 3 guards
64 hours of service per day @$36.50
8 hours per day @ $33.00/hr
Monthly approximate Cost: $80,279.00 (with 2% ins fee and PPE/shack rental)
Months 5-10 (180 days)
Hourly: $36.50/hr
Dayshift: 2 guards
v 08.22 5
Swingshift: 2 guards
Covershift: 1 guard
Graveshift: 3 guards
64 hours of security service daily
@$36.50/hr
Monthly approximate cost: $74, 583.00 (with 2% ins fee and PPE/guard shack rental)
Months 11-12 (last 60 days of project through closure)
Hourly : $36.50/hr
Dayshift: 2 guards
Swingshift: 2 guards
Graveshift: 3 guards
56 hours of security service daily
@$36.50/hr
Monthly approximate cost: $63,265.50 (with 2% ins fee and PPE/guard shack rental)
Annual approximate cost:
Month 1: $54, 330.00
Months 2-4: $240,837.00
Months 5-10: $ 372,915.00
Months 11-12: $ 126,530.00
Holiday pay: (July 4, Thanksgiving, Christmas, New Years Day)
@$45/hr : add’l cost approximately: $3,060.00
Total: $ 797672.00 ( for 1 year, 12 calendar months); leaves excess in “bank” for
extension of up to 1 month during closure ($52,328.00)
Care Provider staffing suggestions:
With this staffing model through the entire 1 year of the site, the concern over care provider
coverage being 24 hours per day can be alleviated some.
Suggestions for care provider scheduling:
Daytime coverage (for provider) is the least critical timeframe. Scheduling a care provider daily
is optimal during hours of: 2pm-6am… leaving 8hours daily vacant of a service provider to
assist with costs. Most residents are gone during these hours ( 6am-2pm), or sleeping. Any issue,
problem, or question that may come up that is not immediate and/or meet the threshold of police
or emergency services can be reported and followed up when service provider is on site.
Additionally, City or County social service or mental health services are open and an option
during business hours.
Optimal schedule for provider:
7 days per week, 2pm-6am
Power/Electricity issues:
v 08.22 6
Power source and PGE partnerships can be difficult. Defense Block Security can start a project
prior to PGE electrical foundations with generator power sources. Generators would be required
for proper lighting at search entrance areas, and power to the guard shacks.
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'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
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.
City Attorney Form, July 2023 Page 1
CONTRACT
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
THE OTHER JUNK CO. LLC
FOR ENCAMPMENT TRASH REMOVAL SERVICES
This contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and The
Other Junk Co. LLC (“Contractor”), a California Limited Liability Company, for work on the City’s
Encampment Trash Removal (“Project”) and is effective on ____________________ (“Effective Date”).
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project (“Work”), as specified in Exhibit A, Scope of Work and Bid Proposal, and
according to the terms and conditions of this Contract, including all attachments to the Contract and any
other documents and statutes incorporated by reference. To the extent that any attachment contains
provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the
Contract terms will control.
1.1 Subcontractors. Contractor acknowledges that it has listed all subcontractors it will
subcontract with to complete the Work in Exhibit B, Subcontractor List.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Contract;
2.2 Addenda, if any;
2.3 Exhibit A – Scope of Work and Bid Proposal;
2.4 Exhibit B – Subcontractor List;
2.5 Exhibit C – Insurance Requirements.
3. Contract Price. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City
will pay Contractor a not to exceed amount of $165,000 (the “Contract Price”), for all of Contractor’s direct
and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes,
insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal set forth in
Exhibit A and the payment provisions contained herein. This amount includes a 10% contingency, in the
amount of $15,000, which would not be used without written authorization from City.
3.1 Payment. Contractor will bill City on a monthly basis for Services provided by Contractor
during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days
of City’s receipt of invoice.
4. Contract Term. Unless otherwise set forth in this Contract or unless this paragraph is
subsequently modified by a written amendment to this Contract, the term of this Contract shall begin on
July 1, 2024 and terminate on June 30, 2025.
5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor’s sole expense, any Work that the City determines is deficient or defective.
City Attorney Form, July 2023 Page 2
6. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term
of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required
California contractor’s license provided in Section 1, and a City business license.
7. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers (the “Indemnitees”) from and against any and all liability, demands, loss, damage, claims,
settlements, expenses, and costs (including, without limitation, attorneys’ fees, expert witness fees, and
costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the
acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing
the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This
indemnification obligation is not limited by any limitation on the amount or type of damages or
compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance
coverage limits, and will survive the expiration or early termination of this Contract.
8. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and
effect the insurance coverage provided in Exhibit C, Insurance Requirements, at no cost to City.
9. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers’ compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
9.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer’s
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
9.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal
day’s work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of
$25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
9.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in
compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
9.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
9.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
City Attorney Form, July 2023 Page 3
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
10. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract.”
11. Termination.
11.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City’s instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
11.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
12. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute
resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated
by reference.
13. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
14. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as
complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
15. Worksite Conditions.
15.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a
clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove
and properly dispose of debris and waste materials from the Work site.
15.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
City Attorney Form, July 2023 Page 4
15.3 Hazardous Materials. Hazardous materials handling and disposal shall be as specified in
Exhibit A.
16. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
17. Non-Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
18. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
19. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City 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. section 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, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without
further acknowledgement by the parties.
20. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
To CITY’s Representative:
Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONTRACTOR’s Representative:
Andrew Salter
Owner
49 Huntington Way
Petaluma, CA 94952
21. General Provisions.
21.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
21.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
21.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s
and City’s lawful heirs, successors and permitted assigns.
21.4 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
City Attorney Form, July 2023 Page 5
21.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
21.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
21.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
21.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
21.9 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.]
City Attorney Form, July 2023 Page 6
The parties agree to this Contract as witnessed by the signatures below:
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Exhibit A: Scope of Work and Bid Proposal
Exhibit B: Subcontractor List
Exhibit C: Insurance Requirements
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit A
Exhibit A
SCOPE OF WORK AND BID PROPOSAL
The Work to be performed by CONTRACTOR under this Agreement is more fully described in this
Exhibit A.
1. Trash, Waste, and Debris Removal: The Contractor shall undertake the proper removal,
separation, and disposal of all trash, waste, and debris as directed by the City of San Rafael, San
Rafael Police Department and San Rafael Community Development Department. This includes
materials present within unhoused encampments within designated areas. The Contractor
acknowledges that removal shall not extend to items considered the property of encampment
residents.
2. Creek Cleanup: The Contractor shall also be responsible for the removal of trash and debris
along the creek in areas designated by the Client, specifically along the Mahone path.
3. Hazardous Waste Handling: All hazardous materials and waste encountered during the
execution of services shall be handled and properly disposed of at the Household Hazardous
Waste facility in compliance with all applicable federal, state and local laws and regulations.
4. Community Engagement: The Contractor shall engage with residents of encampments,
encouraging cooperation in maintaining cleanliness. This may include distributing bags and
essential clothing items to aid in waste containment and hygiene.
5. Reporting: The Contractor shall provide updates to the City detailing the progress of services
rendered, including quantities of waste removed and any notable observations or challenges
encountered.
For the services described above, City will pay Contractor as follows:
$750 per load
$150/hr per crew member
$50 surcharge fee for mattress, large appliance, hazardous waste, concrete, electronic waste,
wood debris, construction site waste, furniture, or any other items deemed as such at
Contractor’s discretion. Contractor will notify the City’s representative, or their designee, before
removing items where the surcharge fee will apply.
$750 same-day cancellation fee. This fee will apply when City cancels service on the same day it
is scheduled to take place.
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit A
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit B
Exhibit B
SUBCONTRACTOR LIST
Contractor hereby certifies that each and every Subcontractor that will perform a portion of the Work in an
amount in excess of one-half of 1% of the total Contract Price, is provided below along with a description
of the Work, the name of the Subcontractor, its California contractor license number, the location of its
place of business, its DIR registration number, and the portion of the Work that the Subcontractor is
performing based on a percentage of the total Contract Price.
DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG.
NO.
PERCENT
OF
WORK
END OF SUBCONTRACTOR LIST
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit C
Exhibit C
INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance
coverage required in this Exhibit C to cover the activities of Contractor and any subcontractors relating to
or arising from performance of the Work. Each policy must be issued by a company licensed to do
business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better.
Contractor must provide City with certificates of insurance and required endorsements as evidence of
coverage with the executed Contract, or through the PINSAdvantage website
https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to
proceed with the Work.
1. Workers’ Compensation. Statutory coverage is required by the California Workers’
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self-Insure. In addition, Contractor must provide employer’s liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
2. Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis,
including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in
performing the Work, including Contractor’s protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
3. Automotive. Commercial automotive liability coverage for owned, non-owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
4. Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City’s insurers.
5. Required Endorsements. The CGL policy and the automotive liability policy must include the
following specific endorsements:
(a) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, “Additional Insured”) must be named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(b) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(c) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss (“primary and non-contributory”).
(d) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City’s own insurance or self-insurance will be called upon to protect it as a
named insured.
(e) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
City Attorney Form, July 2023 Page 1
SERVICES CONTRACT
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
WEHOPE
FOR FY 24-25 MOBILE SHOWER SERVICES
This contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and
WeHope (“Contractor”), a California nonprofit Corporation, for work on the City’s FY 24-25 Mobile Shower
Services (“Project”) and is effective on ____________________ (“Effective Date”).
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project (“Work”), as specified in Exhibit A, Scope of Work and Bid Proposal, and
according to the terms and conditions of this Contract, including all attachments to the Contract and any
other documents and statutes incorporated by reference. To the extent that any attachment contains
provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the
Contract terms will control.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Contract;
2.2 Addenda, if any;
2.3 Exhibit A – Scope of Work and Bid Proposal;
2.4 Exhibit B – Insurance Requirements.
3. Contract Price. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City
will pay Contractor a unit price of $550 per shower session provided, for a total not to exceed amount of
$112,400 (the “Contract Price”), for all of Contractor’s direct and indirect costs to perform the Work,
including all labor, materials, supplies, equipment, taxes, insurance, and all overhead costs, in
accordance with the Scope of Work set forth in Exhibit A and the payment provisions contained herein.
3.1 Payment. Contractor will bill City on a monthly basis for Services provided by Contractor
during the preceding month, subject to verification by City. Contractor will submit itemized invoices that
include the number of shower sessions provided and reporting as described in Exhibit A. City will pay
Contractor within thirty (30) days of City’s receipt of invoice.
4. Term of Agreement. Unless otherwise set forth in this Agreement or unless this paragraph is
subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin
on July 1, 2024 and terminate on June 30, 2025.
5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor’s sole expense, any Work that the City determines is deficient or defective.
6. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term
of this Contract, all appropriate permits, certificates and licenses including, but not limited to a City
business license.
7. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
City Attorney Form, July 2023 Page 2
volunteers (the “Indemnitees”) from and against any and all liability, demands, loss, damage, claims,
settlements, expenses, and costs (including, without limitation, attorneys’ fees, expert witness fees, and
costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the
acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing
the Work or failing to comply with any obligation of Contractor under this Contract, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This
indemnification obligation is not limited by any limitation on the amount or type of damages or
compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance
coverage limits, and will survive the expiration or early termination of this Contract.
8. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and
effect the insurance coverage provided in Exhibit B, Insurance Requirements, at no cost to City.
9. Termination.
9.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract
for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City’s instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
9.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
10. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute
resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated
by reference.
11. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
12. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as
complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
13. Worksite Conditions.
13.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a
clean and neat condition and must ensure it is safe and secure. On a daily basis Contractor must remove
and properly dispose of debris and waste materials from the Work site.
City Attorney Form, July 2023 Page 3
13.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
13.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project
site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or
other hazardous materials have not been rendered harmless, Contractor may continue Work in
unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected
and report the condition to City. No asbestos, asbestos-containing products or other hazardous materials
may be used in performance of the Work.
14. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
15. Non-Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
16. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
17. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City 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. section 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, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without
further acknowledgement by the parties.
18. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
To CITY’s Representative:
Mel Burnette
Homelessness and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONTRACTOR’s Representative:
Alicia Garcia
Chief Operating Officer
1854 Bay Road
East Palo Alto, CA 94303
19. General Provisions.
19.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
City Attorney Form, July 2023 Page 4
19.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
19.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s
and City’s lawful heirs, successors and permitted assigns.
19.4 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
19.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
19.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
19.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
19.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
19.9 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.]
City Attorney Form, July 2023 Page 5
The parties agree to this Contract as witnessed by the signatures below:
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Exhibit A: Scope of Work and Bid Proposal
Exhibit B: Insurance Requirements
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit A
Exhibit A
SCOPE OF WORK AND BID PROPOSAL
The Work to be performed for CITY by CONTRACTOR under this Agreement is more fully
described in this Exhibit A.
The Homelessness and Housing Analyst is the PROGRAM MANAGER for the City. Programs
and Services covered under this Agreement:
Operation of Mobile Showers:
A. CONTRACTOR will adhere to the Shower Schedule attached to this Scope; any change
to the Shower Schedule or locations must be approved by PROGRAM MANAGER in writing.
B. In the event of any unexpected schedule change CONTRACTOR will inform PROGRAM
MANAGER and operational contacts at any affected shower location at least 12 hours prior to
change (including reasons for change).
C. CONTRACTOR will provide a report of the number of showers provided (duplicated or
otherwise) with each invoice.
D. CONTRACTOR will regularly coordinate with the City of San Rafael and County of Marin
Health and Human Services Division on program operation.
E. CONTRACTOR will meet with CITY staff for quarterly check-ins.
F. CONTRACTOR will maintain a schedule of all shower sessions provided in Marin
County, distribute this schedule to CITY and collaborative partners, and make this schedule
accessible on its website.
G. CONTRACTOR will encourage all clients to complete Marin County’s Coordinated Entry
Assessment (VI-SPDAT and other service assessment tools when adopted by County); if Mobile
Shower services team completes any such assessment with client, CONTRACTOR will notify
PROGRAM MANAGER in monthly report.
H. CONTRACTOR will ensure it is complying with state and federal policies, guidance, and
laws regarding Human Resource best practices and requirements for creating a safe and
professional workplace for CONTRACTOR’S staff members, host site staff, collaborative
partners, and program users. CONTRACTOR will notify CITY PROGRAM MANAGER of any
safety incidents or injuries, complaints or allegations of harassment or discrimination, or other
serious program matters as soon as practical and no less than 24 hours from CONTRACTOR’S
awareness of such incidents or complaints.
CONTRACTOR and CITY agree to the following schedule, which can only be modified in writing
by mutual agreement. For billing purposes, each of the following time entries
comprise one “shower session.”
Site Schedule for FY 2024-25
Ritter Center Mondays, 1-4 pm
Fairfax Library Thursdays, 4-7 pm
Mesa Park Wednesdays, 10 am – 3 pm
Mahon Creek Path Once a Week
Organizational Performance:
A. CONTRACTOR will develop a process to ensure all CONTRACTOR’S employees,
including management, acknowledge the employee handbook annually.
B. CONTRACTOR will have a policy in place to address any potential conflicts of interest
among CONTRACTOR’SS staff, particularly among family members, and will provide employees
with instructions on how to file a complaint or report inappropriate behavior related to these key
management employees.
C. CONTRACTOR will have an investigative procedure policy.
________________________________________________________________________________________________
City Attorney Form, July 2023 Exhibit B
Exhibit B
INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance
coverage required in this Exhibit B to cover the activities of Contractor and any subcontractors relating to
or arising from performance of the Work. Each policy must be issued by a company licensed to do
business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better.
Contractor must provide City with certificates of insurance and required endorsements as evidence of
coverage with the executed Contract, or through the PINSAdvantage website
https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to
proceed with the Work.
1. Workers’ Compensation. Statutory coverage is required by the California Workers’
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self-Insure. In addition, Contractor must provide employer’s liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
2. Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis,
including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in
performing the Work, including Contractor’s protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
3. Automotive. Commercial automotive liability coverage for owned, non-owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
4. Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City’s insurers.
5. Required Endorsements. The CGL policy and the automotive liability policy must include the
following specific endorsements:
(a) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, “Additional Insured”) must be named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(b) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(c) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss (“primary and non-contributory”).
(d) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City’s own insurance or self-insurance will be called upon to protect it as a
named insured.
(e) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
Rev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
DOWNTOWN STREETS, INC.
FOR IMPLEMENTATION AND MANAGEMENT OF EMPLOYMENT
DEVELOPMENT AND VOLUNTEER WORK PROGRAM SERVING THE HOMELESS
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 DOWNTOWN STREETS, INC., a California Nonprofit Corporation
(hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as
a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal (“Proposal”) set forth in Exhibit A, which
constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, as further
described in Exhibit A, CITY shall pay CONSULTANT for all materials provided and services
v 08.22 2
rendered by CONSULTANT a total amount not to exceed $200,000.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City’s receipt of itemized invoices.
3. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently
modified by a written amendment to this Agreement, the term of this Agreement shall begin on
July 1, 2024 and terminate on June 30, 2025.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. Mel Burnette, Homeless and Housing Analyst, 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. Chris Richardson 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.
v 08.22 3
6. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
“City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT’s work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the
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,
v 08.22 4
CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
v 08.22 5
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
To CITY’s Project Manager:
Mel Burnette, Homeless and Housing Analyst
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Chris Richardson, Chief Program Officer
Downtown Streets Team
1671 The Alameda Suite #301
San Jose, CA 95126
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
v 08.22 6
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
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.
v 08.22 7
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT’s proposal, which is attached to this Exhibit A.
A. Program Description 1. Volunteer Work Experience Program: the Streets Team Volunteers Program (STVP), DST’s flagship program, invites people experiencing homelessness to volunteer on teams dedicated to cleaning streets, parks, encampments, and other public spaces. This program fosters community, builds confidence, reaffirms dignity, and develops employment soft skills such as punctuality, cooperation, and personal responsibility. Team Members, who are unhoused neighbors or at risk of homelessness, receive access to case management, system navigation, and employment placement services from trained DST Case Managers and Employment Specialists. 2. Workforce development through social enterprise: In 2019, Streets Team Enterprises (STE) was incorporated into DST as a social enterprise workforce development program. STE’s mission is to help individuals attain permanent employment by providing training and transitional paying jobs. STE provides a steppingstone of supported employment to people impacted by homelessness, systemic trauma, and incarceration. Staff earn a wage while gaining practical employment experiences and are supported with case management, employment services, and housing linkage. Participation in STE is designed to be temporary, with the end goal of participant employees achieving self-sufficiency through lasting external employment. 3. Service types and locations: a. Mahon Creek Path encampment: DST has been operating throughout all facets of DST Marin County’s programming to serve residents at the Mahon Creek Path Encampment in San Rafael since its inception. Since July 2023, our STVP Team has removed 24,500 gallons of debris from the Mahon Creek trail, and our case management staff have been the primary support in permanently housing 8 Mahon Creek residents. Furthermore, our bilingual outreach staff have been successfully building rapport and trust with the monolingual Spanish-speaking undocumented community members residing on Mahon Creek Trail and the surrounding areas, connecting them with vital services. b. Downtown Business District c. Canal Neighborhood 4. Program staffing offered: the following DST Staff are employed under this City of San Rafael contract: • STVP & STE Program Manager (DST Marin Staff) Manages the STVP and STE programs, ensuring alignment with programmatic and organizational goals. Directly supporting our STVP & STE Housing Case Manager, our STVP & STE Employment Specialist, and STE Participant Employees. • STVP & STE Housing Case Manager (DST Marin Staff) Provides housing case management services for both STVP and STE participants and alumni,
v 08.22 2
assisting them in removing clients’ barriers to self-sufficiency with the ultimate goal of securing stable housing. • STVP & STE Employment Specialist (DST Marin Staff): Provides employment services for both STVP and STE participants and alumni, assisting them in removing clients’ barriers to self-sufficiency with the ultimate goal of securing employment placements. • STVP Lead (STVP Participant Employee) Supervises Teams of volunteers under our City of San Rafael contract conducting debris removal and beautification projects as well as administering peer-to-peer street outreach with individuals experiencing homelessness in efforts to increase volunteership as well as connect them to other services. B. Operational Standards Consultant will meet the following requirements in operations of the Downtown Streets Team’s Volunteer Work Experience Program in San Rafael: 1.Consultant will continue the Volunteer model and Workforce Development Services launched in 2013 in San Rafael. 2. Consultant will provide at least two full-time staff members (1 FTE Project Manager and 1 FTE Case Manager/Employment Specialist) to supervise and administer the Volunteer Program and Workforce Development Services in San Rafael. Consultant will submit payroll summaries with monthly invoicing. 3. Consultant will provide a minimum of 10,000 hours of community cleanup services through the Street Beautification Program. A minimum of 15 and up to 20 individuals will be involved in the program at one time, with those individuals being people experiencing homelessness and/or people who are facing imminent housing insecurity (hereinafter referred to as “Team Members”). Consultant must maintain backup documentation, including but not limited to, a reconciliation of volunteer hours to stipends issued. 4. Consultant will continue operations of the Volunteer Work Experience Program in Downtown San Rafael, the Canal Neighborhood, as well as targeted “hot spots” and encampments as determined by the City of San Rafael within city limits. 5. Consultant will conduct outreach to individuals residing in encampments in San Rafael in preparation of encampment closures. Team Members may choose not to be present during encampment closure activities to maintain trusted relationships between Team Members and their peers residing in encampments. If additional cleanup is deemed necessary after encampment closure, Consultant may conduct debris removal at closed encampment site after closure has completed. 6. Consultant will operate the Volunteer Work Experience Program five days a week in agreed upon project areas. Team Members may not volunteer in inclement weather because of the increased health risk due to lack of housing. Inclement weather includes rain, extreme heat or cold, snow, or air quality. Team Members also do not volunteer during observed holidays. 7. Consultant will coordinate with the City of San Rafael on special projects including quarterly check-ins to determine the most appropriate deployment sites for Downtown Streets Team’s services (e.g., Mahon Path, Canal Marsh, etc.). 8. Consultant will provide transportation for Team Members to deploy to cleanup sites throughout San Rafael when necessary.
v 08.22 3
9. Consultant will work closely with staff from City of San Rafael Community Development, San Rafael Police Department, and San Rafael Business Improvement District to identify encampments and other priority outreach and cleanup locations. 10. Consultant will provide workforce development services to assist Team Members transitioning to permanent employment. Such services may include job search classes and personalized job search support, resume and interview prep, developing internship placements, and developing mentor opportunities. 11. Consultant will conduct outreach to businesses to expedite hiring processes for Team Members. 12. To the extent possible, consultant will make general employment services, such as job search classes and employment leads, available to all persons experiencing homelessness in San Rafael, as well as people recently housed or sheltered in local programs. 13. Consultant will provide support services to assist Team Members with barriers to stable housing and employment. Such services may include enrolling in County benefits, record expungement, securing identification documents, completing work histories, providing transportation, referrals to hygiene services, and other similar support services. 14. Consultant will work collaboratively with case managers at partner agencies including, but not limited to, SAFE Team, St. Vincent de Paul Society of Marin, Community Action Marin, Homeward Bound of Marin, Ritter Center, Marin Community Clinics, and the County of Marin to provide wraparound support and care for Team Members. 15. Consultant will ensure it is complying with state and federal policies, guidance, and laws regarding Human Resource best practices and requirements for creating a safe and professional workplace for staff members and Team Members. C. Impact measures and deliverables for FY 24-25: DST will achieve the following outcomes for the Volunteer Work Experience and Workforce Development Services, reporting progress to the City monthly or quarterly on impact measures as described below. • At least 50 STVP volunteers served • At least 4 STE Participant Employees hired • At least 15 Jobs secured • At least 100,000 gals of debris removed Downtown Streets Team Program Outcomes and Measures. Consultant 1. Consultant will maintain a Team size of 20 Team Members, with at least 10 based in Downtown and 6 based in the Canal neighborhood, 4 Team Members will target “hotspots” and encampment areas deemed by City of San Rafael Staff. 2. Consultant will remove a minimum of 100,000 gallons of blight from areas throughout San Rafael as demonstrated by before and after photos and quantified trash statistics.
v 08.22 4
3. Consultant will continue weekly collaboration with SAFE Team to ensure street outreach needs are being met throughout San Rafael. 4. Consultant will assist at least 15 Team Members in obtaining employment. Consultant will measure and report on employment retention and strive to achieve that 75% of such Team Members will retain employment for at least (3) months. 5. Consultant will assist 15 Team Members in finding secured housing placements. 6. Consultant will assist Team Members in removing at least 500 barriers to self-sufficiency (i.e. retrieving vital documents, completing resumes, accessing healthcare, enrolling in substance abuse treatment programs, record expungement, etc.) 7. Consultant will conduct quarterly anonymous surveys to collect self-reported data from Team Members: a. Goal: 50% of Team Members with a mental health condition will seek out or remain in treatment. b. Goal: 50% of Team Members with a substance use disorder will seek out or remain in treatment. c. Goal: 50% of Team Members who have had an interaction with law enforcement/the criminal justice system will have reduced, or zero interactions after joining the Team. d. Goal: 75% of Team Members will feel respected and heard by staff. e. Goal: 75% of Team Members will report improved self-esteem and feelings of self-worth. 9. Consultant will provide monthly progress reports using a template provided by the City of San Rafael.
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'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
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.
v 08.22 B-4
Sanctioned Encampment Site, 47 Total Campsites
Security Station/Gates
Portable Restrooms
Garbage Dumpster
Meeting Space Canopies
Campsites, 7’ x 7’ and 10’ x 10’
Storage Unit, 20’ x 8’
Charging Docs located within
Security Stations
Office Units 17’ x 7’
Smoking Area
Pet Use Area
San Rafael Sanctioned Camping Area
Draft Code of Conduct
1. Safety is the top priority. Violence of any kind and threats of violence of physical harm
will not be tolerated (422 P.C statute). Any individual committing violence will be
required to leave immediately and be barred from returning. Brandishing a weapon will
not be tolerated.
2. Keeping the site organized and clean for the well-being of all residents is also a top
priority. Individuals are required to maintain their personal belongings within their
designated City-provided tent or storage unit. Items left outside the designated tent
area including the fire lane or buffer between sites will be subject to removal.
3. All residents, authorized personnel and visitors shall be required to check in at the gate
when entering the Sanctioned Camping Area. Residents will be subject to a visual
check bag check by security when entering the site.
4. Dogs are permitted but must remain under the owner’s control and on leash at all
times while inside the sanctioned site and outside of participant’s tents. Dogs must
have leashes affixed upon entry into the site when checking-in with security. Any dog
bite will require Marin Humane to assess the safety of the dog. Owners are responsible
for promptly cleaning up all dog waste.
5. Open flames and any combustible materials are strictly prohibited within the site.
Storage of gasoline, propane, torches, butane lighters, or other flammable substances
is not permitted.
6. The use of extension cords is prohibited for any purpose. Charging of electrical devices
may only occur in the designated charging area and is limited to cellphones, laptops,
tablets, and other devices for communication. Generators, cooking appliances, and
heaters are not permitted.
7. Each tent is designated for a specific individual. If a participant leaves the site for more
than 48 hours, their space will be forfeited unless arrangements are made in advance
with the management team or in cases of hospitalization. Tent spaces cannot be
transferred to other individuals.
8. Only the tents, bases, and rain protection equipment provided by the City are permitted
as camping structures. No additional structures, barriers or tents may be set up.
Participants may not hang or affix any items to the inside or outside of tents within the
sanctioned site.
9. No visitors are allowed within the sanctioned campsite area; all visitors must be met
with outside the encampment. Service providers, health care professionals, City of San
Rafael and County of Marin staff are allowed to visit the site.
10. Quiet hours must be observed between 11 p.m and 6 a.m. each day. Quiet hours are
periods when noise must be kept to a minimum and contained within a participant’s
individual sleeping tent.
11. Respect for all neighbors and staff within the site is essential. We want this area to be a
place of safety, comfort, and respect.
My signature below indicates my agreement with the above statements.
Signature: ______________________________________ Date: ________________________
Printed Name: ___________________________________
From:
Sent: Friday, July 26, 2024 8:02 AM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject: Encampments
Dear Mayor Colin,
Now that San Francisco has started to clean up their city and the Governor has ordered cities to clean up the tents
and trash. Is San Rafael finally going to clean up its city? I don't know if you are planning to run again for Mayor, but I
can tell you that the large majority of resident don't have kind things to say right now and cleaning up ASAP will help
change your image You can blame legal action and everything else but it still is happening under your watch.
Thanks,
Barbara Lutgue
Sent with Proton Mail secure email.
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From: Brian Gellman
Sent: Friday, August 9, 2024 9:08 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: Bret Harte Resident Concerned with homelessness
Hello,
My wife and many neighbors have emailed you in the past couple years about the homeless CRISIS in San
Rafael, an issue that simply does not exist, in this capacity, in any North Bay city. Each time it seemed you
would respond with a "copy paste" response, pushing the blame onto the County.
I am wondering what the city is currently doing to clean up the creek trail camp and Anderson Ave camp. It is
now time for the city to take action and clean itself up.
Thank you,
--
Brian Gellman
Real Estate Agent / Loan Officer
DRE 02028207 | NMLS 1589140
(408) 828-8727
Redwood Property Group
Western States Mortgage and Loan, INC.
8/14/24, 10:55 AM Mail - Lindsay Lara - Outlook
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From: Cayla Coleman
Sent: Thursday, July 25, 2024 10:50 AM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject:
Dear mayor Kate:
Re the new ruling I am hoping that the shanty towns in San Rafael can be dismantled and the city can start
feeling better and looking better
In addition I hope someone in charge of vandalism and graffiti can notify the owner of the bank bldg opp Kaiser
on 3 rd street to remove the large graffiti defacing it and beckoning for more
Can our city revive itself ?
The many many empties on 4 th st say "no " but maybe if the huge homeless presence is removed we can take
pride in San Rafael and its resources once again without people on our streets threatening, cursing the wind,
and exhibiting their sad addiction and mental illness symptoms to all of us as we just go about daily business
etc
( under " broken window theory " ) are we going downhill or the other way ?
Thank you
Cayla Coleman lcsw
Sent from my iPhone
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From:
Sent: Monday, August 5, 2024 4:32 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: Homeless encampments.
So with the executive order from Newsome, is there any chance your going to move on this disgusting
and unsanitary disease Ridden area on anderson dr. God our taxes paid for the construction of that
road. And it looks like hell. Are going to show some muster and have that disgusting mess cleaned
out ? Or are you waiting for the next election and kick the can down the road. That way you can't
keep ignoring the problem. I saw where the paper posted we've made progress. And 3 percent of
the homeless peoples took the deal. 3 percent . Let's see 3 percent of let's say 175 is about 4 people
? Come on mayor how long does your community have to be patient. You should take a drive
down there so you can be as depressed as you voters are. Don
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From: Deschodt, Gregory
Sent: Friday, August 9, 2024 12:45 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: A typical drive through San Rafael
Hello Mayor, and thanks for having an available email for your cons tuents..
Just a quick story about today’s drive in San Rafael… A er taking my kid to a physical, I stop for gas downtown (shell).
There I observe a couple homeless guys bothering a bunch of young girls refueling… They leave, one of them comes over
and bothers me for money… A er refueling, I am stopped at the light near another homeless guy sollici ng more. Go
home turning le a er the bus sta on.. There’s a homeless guy crossing illegally in traffic, not a care in the world.
I con nue onto Francisco blvd west, only to almost have an accident because the person in front of me slams on the
brakes unexpectedly – you guessed it, a homeless person on a bike riding the wrong way up the road…
Keep going, pass next to the lovely tent encampment on Andersen… Which incidentally extends a stone’s throw to my
kid’s middle school (DMS)
I believe the governor passed a law giving you more la tude, I really think it is me to clean up san Rafael a li le (a lot). It
is frankly ge ng out of hand now.. thank you for reading, I imagine that is nothing new.
Greg Deschodt.
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From: Laura Hamlin
Sent: Sunday, August 11, 2024 11:01 AM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Cc: Don Jeppson <don.jeppson@cityofsanrafael.org>
Subject: Re: Fun Homeless Encampment
Good morning Kate and Don, hope you are doing well.
I’m following up on my e-mail dated April 11, 2024.
Today Sunday August 11, 2024, like every day I drove on Andersen drive. I had to zig zag to avoid large pieces of trash
and a cart. The trash areas, which seem to be cleared on Thursdays, are already overflowing with large pieces of
furniture and trash.
Today when I played tennis with my husband on the Woodland Avenue tennis courts we saw either dog or human
feces. This is not the first time. Also now there is a tent by the tennis court, and school is starting soon.
After 32 years of living in this city, and paying a lot of money in taxes I think that I and the San Rafael residents
deserve better.
I would like to know what the city is going to do now that the Supreme Court ruled on this issue as well as the
governor. I would appreciate an answer and not a link to some convoluted explanation. I think I deserve it.
Many thanks,
Laura Hamkin
On Apr 11, 2024, at 10:36 AM, Laura Hamlin wrote:
Good morning Kate, I just wanted to let you know that today I noticed an improvement on Andersen Drive, it was cleaner and
the road was clear of debris
Thank you so much.
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Have a nice day,
Laura
<PastedGraphic-2.pdf>
On Apr 9, 2024, at 7:24 PM, Mayor Kate <Kate.Colin@cityofsanrafael.org> wrote:
Hi Laura - I'm glad you enjoyed the event as it was an impromptu event that I organized for our
employees and interested community members. And I loved sharing the moment with so many
people are recognizing how we are specks on this earth!
Regarding your concern, I'm sharing below an email that I wrote this a ernoon to a homeowner
who expressed similar concerns. I hope you find it helpful and even though it doesn't have the
simple/easy answer, it does provide the context of why we're in the situa on we are in.
I'll just share a few brief things but I strongly encourage you to click through the many links on
the page below as well as sign up for the newsle er updates. The most recent newsle er is on
the landing page.
h ps://www.cityofsanrafael.org/departments/homelessness/
First of all, San Rafael is doing absolutely everything it is legally allowed to do in terms of
regula ng and reloca ng encampments. The op ons are few because we've been under a
federal court order since last July when the plain ffs sued the City a er we passed a Restricted
Camping ordinance. The City has passed 5 of these ordinances and been sued every me. The
judge's Restraining Order limits the op ons available to the City. The basis of his ruling is the
Mar n v Boise federal case. You can read about it on the website but the gist is unless there are
enough shelter beds for all the unhoused folks, they are legally allowed to camp wherever they
want. As the County of the Marin is the agency that supplies the shelter beds, the City con nues
to advocate for more beds (and has for years) but haven't been able to convince the County to
change the alloca on of their resources towards interim shelter.
The judge has forbidden the removal of structures while the li ga on is ongoing and the
plain ffs have filed addi onal ADA claims that provides another reason why the judge won't let
the City remove them. The only tool that is available to the city is through the health and safety
code and Fire Code and once a structure has received a no ce that it is unsafe, the individual has
the right to appeal. Which they have every single me as well as made the ADA claims. The city
is commencing a voluntary compliance program through working with the individuals. I am
op mis c that will be produc ve but if it isn't, then the City will con nue to u lize the health
and safety code which has its own set of me requirements as well as a mandatory appeal (if the
individual refuses to remove the structure) before the Council.
Please know that the structures are a priority for the Council because they are unsafe for the
occupants and the surrounding community. As your Mayor, I am commi ed to finding solu ons
that are safer for the unhoused and minimize the impact on the community in spite of the
extreme restric ons placed on the City by the courts.
I welcome your engagement to learn the facts and support the City as we seek these tools. The
City is considering a new ordinance at our Council mee ng next Monday and I welcome your
par cipa on at the mee ng. As the City has been sued the previous 5 mes, I am cau ously
op mis c that this new ordinance will be acceptable to the judge if/when we get sued again.
In closing, thanks for reaching out as some mes people make the false assump on that the City
isn't 'doing' anything to address the issue of homelessness and encampments and that is simply
not true. I appreciate your willingness to learn the facts, context of the situa on; as frustra ng
as it is.
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
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Warmly,
Kate
Kate Colin (she/her/hers)
Mayor, City of San Rafael
<Outlook-2n53r0u2.png>
Follow the city on instagram: @thecityofsanrafael
From: Laura Hamlin
Sent: Tuesday, April 9, 2024 1:32 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Cc: Don Jeppson <don.jeppson@cityofsanrafael.org>
Subject: Fun eclipse party and a ques on
Hello Mayor Colin,
Thank you so much for the fun eclipse gathering at City Hall. Those are the nice things about our City.
My name is Laura Hamlin, and I have been living in San Rafael for almost 32 years. My kids went to
Glenwood, Davidson and San Rafael High where they got to enjoy the wonderful Music and Drama classes.
I live in the Bret Harte neighborhood. As an architect I have done many projects in the neighborhood, as well as
working on the Community Center in the Pilgrim Park apartments near Los Ranchitos.
I’d like to express my concerns about the un-housed people living in tents on Andersen Drive. I know this is not
a situation that can be resolved easily - I’m aware of the lawsuit that is pending - but as a taxpayer who follows
the rules and respects my neighbors, it would be nice if the city could do something to improve the situation.
Every morning when I drive on Andersen, I have to avoid pieces of pipe and debris that have fallen onto the
road from the encampments. A lot of trash, mattresses, shopping carts and other debris are scattered around the
tents.
The fence installed to separate the commercial buildings is full of graffiti, and the trash cans are always full.
I was wondering if the city can at least make sure the area is cleaned more regularly, as well as requiring people
living there to comply with some basic rules that would keep the area cleaner.
Andersen Drive was develop to provide a nice gateway into downtown San Rafael, leading all the way to the
Mission. Right now it is very unattractive and unwelcoming. It doesn’t make me proud of my city.
Thank you for listening to my concerns, and I hope the city can do something about it.
Sincerely,
Laura Hamlin
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
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From: Mariah Baird
Sent: Friday, August 9, 2024 9:19 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: "This en re ba le has been a total victory for the residents...at Mahon Creek."
Prince is exactly right. I am further disappointed that your statement quoted in the IJ about resolving
encampments in an "empathetic" way totally ignores the residents of San Rafael --- your actual constituents -
- who have to bear the burden of this ongoing appropriation and abuse of public property. When will your
office recognize that we are your constituents, and it is your job to make the necessary policy decisions on
our behalf, rather than continuing to coddle a population that has no stake in the city, and the "nonprofit"
industry that consumes city resources better used to benefit your constituents?
8/14/24, 10:56 AM Mail - Lindsay Lara - Outlook
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From: Mariah Baird
Sent: Tuesday, August 13, 2024 3:10 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: Does San Rafael have a new flag?
The Mahon Path camp has chosen one for you. Why are you continuing to permit this behavior?
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
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8/14/24, 11:40 AM Mail - Lindsay Lara - Outlook
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From: Mariah Baird
Sent: Tuesday, August 13, 2024 3:12 PM
To: Mayor Kate <kate.colin@cityofsanrafael.org>
Subject: New tent site forming
This is at Woodland and Auburn. Will the city allow this to grow?
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
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8/14/24, 11:40 AM Mail - Lindsay Lara - Outlook
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From: Natalie
Sent: Tuesday, August 13, 2024 1:49 PM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject: Re: Encampments
Hi Mayor Kate,
I hope this message finds you well. My name is Natalie, and I am reaching out as a San Rafael homeowner and
concerned parent.
Last December, we had a troubling experience when an unhoused individual, who appeared intoxicated and unstable,
was walking down Irwin Street late at night. This person walked onto my and my neighbors' private properties and made
threatening remarks, creating a genuinely frightening situation for me and my infant son (we were home alone at the
time). Despite a call to the police from a neighbor, I don’t believe any assistance arrived.
I understand that being unhoused is not a crime, and I genuinely empathize with this population, but threatening and
disturbing residents on their private property is deeply concerning. The homeless encampments on Andersen and
Francisco in their current state are not a viable solution for San Rafael residents, housed or unhoused. While I
recognize that the city has made some efforts on this issue, it's clear that the conditions of these camps are in no way
contained to these areas, and are a threat to public safety and quality of life.
I have been closely following the Supreme Court's rulings and the subsequent state guidelines regarding these
encampments. Many neighbors, including myself, are anxiously awaiting the city’s response to Governor Newsom’s
recommendations to address and ultimately clear these encampments. However, it remains unclear how the city plans to
move forward.
I’m disheartened to read that San Rafael is planning to further fund the Mahone Creek site using millions of dollars in
grant money, legitimizing this hazardous and unsafe camp and ultimately designating it as a long-term solution. I’m also
aware of the city’s investment in the Kerner street building renovation, but don’t see that as a holistic solution when
many unhoused individuals decline services and prefer to remain outside of shelters or housing. To that point, while I
recognize that the unhoused would ideally be located close to city services, it’s not lost on me that other neighborhoods
in San Rafael do not have to bear the burden of having a sanctioned, city-funded homeless encampment just blocks
away from their homes (or any neighborhood in Southern Marin for that matter). The Bret Harte and Picnic Hill
neighborhoods are full of working-class families, and it continues to feel like the city is indifferent to our safety and
quality of life.
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
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We chose to move to San Rafael three years ago with hopes of raising our family in a vibrant community. Unfortunately,
if the current issues persist, we will have to reconsider our decision to stay. The safety and well-being of our community
are at stake, and it feels as though the current measures are falling short.
Before the August 19th City Council meeting, I urge you and other city officials to please reconsider the
designation of the Mahone Creek Path as a permanent camp location. This site, along with the illegal camp on
Andersen, are not appropriate or fair solutions for our neighborhoods and could further impact our downtown
area negatively.
Thank you for taking the time to read this message. I genuinely care about our community and have compassion for
those facing hardships. However, it is essential to find a sustainable approach that ensures the safety and well-being of
all residents.
Best,
Natalie
8/14/24, 10:58 AM Mail - Lindsay Lara - Outlook
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From: Thomas Montgomery
Sent: Friday, August 9, 2024 11:33 AM
To: Mayor Kate <Kate.Colin@cityofsanrafael.org>
Subject: Marin Independent Journal: Federal judge: San Rafael can enforce homeless camping law
I thought you might like this story from Marin Independent Journal.
Time for action Ms. Mayor
Federal judge: San Rafael can enforce homeless camping law
https://www.marinij.com/2024/08/08/federal-judge-san-rafael-can-enforce-homeless-camping-law/
8/14/24, 10:57 AM Mail - Lindsay Lara - Outlook
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Comprehensive Homelessness Update
August 19, 2024
Presentation Overview
1.Background and Context Setting
2.Approach and Response to Homelessness in San Rafael
3.Proposed Camping Ordinance Amendments
4.ERF & Sanctioned Camping Area Program Overview
5.Additional Homelessness Actions and Contracts
6.Recommendations & Next Steps
7.Questions & Discussion
Homelessness In Marin and San Rafael
Marin County
•2024 PIT Count: 1,090
individuals
•788 Unsheltered
•217 Chronically homeless
•2.77% decrease from 1,121
individuals in the 2022 PIT
Count
City of San Rafael
•2022 PIT Count: 348
•Mahon Creek Path
encampment (Dec 2023):90%
of residents lived there for over
a year.
•Nearly two-thirds of
encampment residents have
lived in San Rafael for over a
decade.
Homelessness In Marin and San Rafael
•County has had great success in housing individuals
•737 chronically homeless individuals housed since 2017.
•94% of those housed remain housed due to support services and
rental subsidies.
•111 veterans housed since 2017.
•Shelter space is still needed throughout the county
•1,090 individuals experiencing homelessness
•291 shelter beds available
Year in Review
July 2023
City Council action:
Amended San Rafael's camping ordinance
(Chapter 19.50) to
comply with Martin v.
Boise decision.
August 2023
Lawsuit filed (Shaleeta
Boyd, et al.): Plaintiffs sued the City in federal
court, claiming ADA
violations and that the
camping ordinance
created a "state
created danger.”
September/October
2023
Court response:Issued a temporary restraining
order and preliminary
injunction, blocking
enforcement of the
ordinance.
December 2023-
February 2024
City attempts implementation of
Court direction: Multi-
month effort to work
with CA Homeless
Union to establish
voluntary compliance following Court
direction
April 2024
City Council action:
Further amended Chapter 19.50 to
address the Federal
District Court's
concerns.
August 2024
Court ruling:Granted
City's motion to dismiss the Boyd case,
dissolved the
injunction, and upheld
the amendments to
Chapter 19.50.
City effectively blocked from enforcing the camping ordinance
Enforcement Activities – Fall/Winter '23
•October/November 2023 - Fire Code
Enforcement
•City enforced its fire code to abate fire
risks associated with proliferation of
wooden pallets and illegal wooden
structures.
•December 2023 - Lindaro Street
•City Manager issued an order to prohibit
camping along Lindaro Street and issued
an additional order prohibiting new
camping in the Mahon Creek Path Area
Illegal Structure Enforcement – Spring/Summer ' 24
•Inspection areas: Encampments along Andersen Drive, Mahon Creek Path, Andersen Drive adjacent to Mahon Creek Path, and Francisco Boulevard West.
•Issued 49 notices to date.
•42 sites have complied, and 7 are undergoing an administrative appeals process (hearings scheduled for tomorrow, August 20).
•Cleanup efforts:
•June 20, 2024: 16 tons of debris removed from Andersen Drive at Rice & Irwin.
•July 3, 2024: 15 tons of debris removed from Francisco Blvd West.
•Support provided:
•Replacement tents were given to individuals displaced by structure removals.
•City stores personal property for up to 90 days as per City guidelines.
Francisco Blvd. West – Before & After
Francisco Blvd. West – Before & After
Andersen Drive – Before and After
Mahon Creek Path Before & After
Recent Legal Actions
1.Martin v. Boise (2018):Limited local government's ability to regulate homeless encampments.
2.Ninth Circuit's ruling in Grants Pass v.Johnson (2023):Court ruled that the City of Grants Pass violated the Eighth Amendment by prohibiting camping on public property without sufficient alternative shelter.
3.June 2024, Supreme Court decision:Reversed Ninth Circuit in Grants Pass v. Johnson.
Governor’s Executive Order
•On July 25, 2024, Governor Newsom issued an Executive Order
instructing state agencies, and encouraging local governments to
prioritize the humane removal of encampments including:
•Conducting site assessments
•Providing 48 hours notice or as much notice as reasonable in exigent
circumstances
•Offer outreach services
•Provide personal property storage for at least 60 days
•The City has been and is currently already doing what the
Governor's Order calls for, to the extent possible given legal
contraints.
Current Camping Ordinance
On May 6, 2024, the City Council adopted Ordinance 2035, effective as of June 5, 2024:
1.Campsite Size Restrictions: Campsites can be up to 200 sq. ft. for one person and 400 sq. ft. for up to four people camping together, doubling the space allowed in the prior ordinance.
2.Proximity and Safety Buffers: Campsites must maintain a 10-foot clearance area around each site and a 10 -foot setback from other campsites, public utility infrastructure, or neighboring private properties. The previous requirement of 200 ft spacing between campsites has been eliminated.
3.Proximity to Schools: Camps must be located a minimum of 250 ft from the property line of any preschool or K -12 school.
4.Enforcement Provisions: Enforcement will only take place after individuals in violation receive notices and opportunities to comply, reflecting a commitment
to a compassionate and balanced approach .
Current Camping Enforcement Plan
•Phase One: Menzies Lot Enforcement (Week of August 12, 2024)
•August 13, 2024: The City Manager lifted the Administrative Order for Menzies Parking Lot; the Camping Ordinance now applies.
•The remaining camper was given three business days to vacate due to its proximity to Marin Academy (within 250 feet).
•Effort on hold: TRO filed on Friday.
•Phase Two: Restoration of Emergency Vehicle Access (Week of August
12, 2024)
•Notices issued to individuals obstructing Mahon Creek Path and blocking
emergency vehicle access.
•Voluntary compliance is sought; additional resources will be used to clear the
area.
•Individuals must comply with the Camping Ordinance by August 19, 2024.
TODAY - Mahon Creek Path Before & After
TODAY - Mahon Creek Path Before & After
Current Camping Enforcement Plan
•Phase Three: Campsite Size and Setback Compliance (Week of
August 19, 2024)
•Enforcement of campsite size limits and 10 -foot setbacks from private
property lines and other campsites.
•Phase Four: Camping Ordinance Compliance Check (Weeks of
August 26, September 2, 2024, ongoing)
•Full assessment of Mahon Creek Path Area encampment.
•Enforcement for sites out of compliance with the Camping Ordinance.
•72-hour written notices provided for compliance; non-compliant
campsites will be abated.
Proposed Camping Ordinance Amendments
Grants Pass Amendments:
•Provides greater flexibility
for the City to prohibit
camping or set time,
place, or manner
conditions on camping on
public property.
Unpermitted Structures
and Building Materials:
•Clarifies prohibition on
occupying, constructing,
or affixing structures
made of building materials
on public property.
•Allows temporary shelters
like fabric tents or tarps,
provided they are not
affixed to public or
private property, except
with removable stakes on
unimproved ground.
Additional Safety
Setbacks:
•Campsites must be at
least 5 feet from the edge
of roadway pavement to
ensure safety and prevent
obstruction of traffic
Proposed Camping Ordinance Amendments
Updated Enforcement Provisions:
•48-hour notice for curing
violations; immediate removal
for encampments camping in
prohibited areas or posing
imminent threats elsewhere.
•Allows for more efficient
removal of unpermitted
structures with a 48-hour
notice.
Streamlined Definitions:
•Consolidates “Camp Facility”
into “Camp paraphernalia,”
including all items used for
camping.
•Updates the definition of
“public-right-of-way” to match
San Rafael Municipal Code
Section 11.04.020(K).
Repeat Offenders and Police Department Approach
•Frequent violators of criminal activity
•Combating open air drug use and other criminal activity
•Community Engagement with San Rafael Police Department
•Coordination with the County of Marin District Attorney
Encampment Resolution Fund Round 3 (ERF-3)
•The City of San Rafael and the County of Marin were awarded $5,999,241 to address the Mahon Creek Area Encampment (Sanctioned Camp Area).
•The grant’s goal is to c onnect encampment residents to case management,
permanent housing , rapid re-housing subsidies, and supportive services to end homelessness.
•Proposed ERF-3 Program includes:
•Partnership with the County of Marin’s Department of Health and Human Services (HHS) to hire;
•One full-time outreach worker
•Three full-time Housing-Based Case Managers
•Development of a sanctioned camping area and interim shelter program.
Overview of Sanctioned Camping Area
•City will establish a temporary sanctioned camping area along
the northern portion of the Mahon Creek Path.
•Designed for individuals previously residing in the Mahon Creek
Area encampment before January 31, 2024.
•Accommodate up to 47 tents for enrolled participants
•Sanctioned Camping Area duration: 12-18 months
Proposed Sanctioned Camping Area
Proximity of Sanctioned Camping Area
Sanctioned Camping Area Elements
•Sanctioned Camping Area will serve as a low -barrier, housing
focused safe sleeping site.
•Development and Operations will include:
•Installation of new gates, fencing, and controlled access points
•24/7 security personnel, provided by Defense Block Security
•Program services and janitorial staff, provided by FS Global
•Dedicated housing case management and outreach staff, contracted by
Marin County HHS
•Regularly serviced portable restrooms, garbage pickup, and weekly
shower service
Sanctioned Camping Area Elements
•Participation is voluntary and individuals will be prioritized based on:
•Plaintiffs in Boyd v. City of San Rafael
•VI-SPDAT Score
•Length of time residing in the Mahon Creek Area encampment
•Previous participation in the City’s Service Support Area (SSA)
•Participants will be required to abide by a code of conduct
•Includes a no-visitor policy
•Staff seeking feedback from the Marin County Lived Experience Board (MCLEAB)
•Buffer zone and enforcement:
•A no-camping buffer will be instituted along the southern portion of Mahon Creek Path.
•Non-participants in the buffer zone will be allowed to camp elsewhere in the City, subject to the Camping Ordinance 19.50.
Why A Sanctioned Camping Program?
•Marin County does not have enough shelter space available.
•Outside of camping on public property, individuals experiencing
homelessness have no where else to go.
•The program provides targeted services to successfully connect
individuals experiencing homelessness with housing.
•The City's SSA successfully housed +70% of participants.
•The program aims to bring greater stability and order, and safety
to the surrounding area and community.
•Program will include 24/7 security, program staff, and numbers for
concerned community members to call.
Why along the Mahon Creek Path?
•The State ERF-3 grant requires that funds are used to provide
alternative shelter in the general proximity of the existing
unsanctioned encampment area.
•Service providers recommend that the City provide a site within
walking distance to food access and additional services.
•The City does not own land elsewhere suitable for this type of
program.
Additional Homelessness Actions and Contracts
•Downtown Streets Team (DST) provides employment opportunities, case management,
and supportive services to individuals experiencing homelessness.
•Proposed Fiscal Year 2024-25 DST Scope includes two phases:
•Case Management: Engagement of individuals in encampments into housing-focused
case management
•Cleanup Teams: placement of cleanup teams to improve environmental conditions
within those encampments
•DST will address encampments, waste-related issues, and provide housing-focused case
management to individuals experiencing homelessness.
•At least 20 team members will focus on encampment “hot spots” while maintaining
cleanup efforts in the City’s downtown, including Fourth Street, and the Canal
neighborhood.
Proposed Costs
Table 1: Requested Appropriation
Amounts
Start Up Costs $ 500,000
Defense Block $ 850,000
FS Global $ 675,000
WeHope $ 26,400
Other Junk Co.$ 165,000
Downtown
Streets Team $ 40,000
Total $ 2,256,400
Table 2: Requested Contract Authorization
Defense Block $ 850,000
FS Global $ 675,000
WeHope $ 112,400
Other Junk Co.$ 165,000
Downtown Streets
Team $ 200,000
Total $ 2,002,400
ERF-3 Budget at a Glance
Available ERF-3 and State Appropriation Funds $5,047,376
Sanctioned Camping Program (Phase 1)$2,188,223
Interim Shelter Program (Phase 2)$2,208,757
Other ERF-3 Programs (PH Transitions, Shower Vehicle)$650,396
Total Expense $5,047,376
Ongoing Communications & Community Outreach
•Staff will continue to post updates to the City's Homelessness webpage and newsletter.
Updates will be posted on a bi-weekly
basis.https://www.cityofsanrafael.org/departments/homelessness/
•The City's webpage has also been updated with comprehensive Frequently Asked
Questions (FAQs) and videos detailing updates on the Camping Ordinance and
Homelessness Response.
•City Staff have been in contact with the San Rafael City School district to address school
and guardian concerns.
•City Staff and Defense Block Security contractors will host regular Zoom meetings starting
two weeks prior to sanctioned camping area participant enrollment.
•Contact information will be provided via QR code on signs posted at the
sanctioned camping area gate locations and on the City’s website.
Next Steps
•Near term staff effort will be focused on ongoing enforcement
of the Camping Ordinance and the development of the
Sanctioned Camping Area.
•Additionally, staff are working to identify a site for the creation
of an interim/transitional housing solution.
•Second Reading of the Ordinance is scheduled for September 3.
Effective date will be 30 -days thereafter.
•If approved the Amended Camping Ordinance would go into effect on
October 4th (assuming no legal action occurs that would constrain ability
to enforce).
Recommendations
1.Waive the reading and introduce the Ordinance Amending San
Rafael Municipal Code Chapter 19.50 -- Camping on Public
Property.
2.Adopt the Resolution appropriating $2,256,400 from the
Grants Fund 283 to support the initial costs and contracts
associated with the Sanctioned Camp Area and authorizing the
City Manager to execute contracts in the amount of
$2,002,400 for the first phase of the Encampment Resolution
Fund Round 3 (ERF-3) grant program and other homelessness
program services.
Staff Contacts
John Stefanski
Assistant City Manager
John.Stefanski@cityofsanrafael.org
Mel Burnette
Housing and Homelessness Analyst
Mel.Burnette@cityofsanrafael.org
Stay current on the City’s work
by visiting:
www.cityofsanrafael.org/depa
rtments/homelessness/
Subscribe to the Housing &
Homelessness newsletter.
County of Marin Leadership
•Derek Johnson, County Executive