Agenda packet — San Rafael City Council, May 1, 2023 (part 1 of 2)

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, MAY 1, 2023
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/san-rafael-city-council Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844 3204 9611
One Tap Mobile: +16694449171,,84432049611# US
This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom.

This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to [email protected].
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and press *9 to raise your hand, and *6 to unmute yourself, then provide verbal public comment.

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

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 6:30 PM
Dial-in: (669) 900-9128, Meeting ID# 839-2754-6670#

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 6:30 PM

2. Closed Session:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 519 Fourth Street, San Rafael (APN 014-123-06) Agency negotiator: Gerald Ramiza, Burke, Williams and Sorensen Negotiating parties: Chris Hart
Under negotiation: Price and terms of sale

OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.
2 CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:
• City Attorney Status Update on Police Investigation
CONSENT CALENDAR:

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular and Special City Council Meetings of April 17, 2023 (CC) Recommended Action - Approve minutes as submitted
b. Paramedic Tax Rates for Fiscal Year 2023-24
Adoption of Ordinance 2026: An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Service Special Tax Rates Within the Voter-Approved Limit, Commencing with Fiscal Year 2023-2024, for Residential Units and Non-Residential Structures in the City of San Rafael, County Service Area No. 13, County Service Area No. 19, and The Marinwood Community Services District (CC)
Recommended Action – Final adoption of Ordinance 2026
c. Permanent Local Housing Allocation (PLHA)
Resolution Recommending Permanent Local Housing Allocation (PLHA) Project Funding for the Calendar Year 2023 to the Marin County Board of Supervisors (CD) Recommended Action – Adopt Resolution
d. Proclamations
i. Proclamation Supporting Wildfire Preparedness Month (FD) ii. Proclamation Supporting Public Service Recognition Week (HR) iii. Proclamation Supporting Asian American and Pacific Islander Heritage Month (HR) iv. Proclamation Supporting National Police Week (PD)
v. Proclamation Supporting Mental Health Awareness Month (HR) Recommended Action – Receive and File
e. FY 2023 Local Measure A, AA and B Allocation
Resolution Authorizing the City Manager to Execute Funding Agreement A-FY23-11 Between the Transportation Authority of Marin (TAM) and the City of San Rafael, Thereby Authorizing the Receipt of an Allocation of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA Funding for FY 2022-2023 (PW) Recommended Action – Adopt Resolution
f. 2023 MTC Regional Active Transportation Program Local Support i. Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Canal Active Transportation Enhancements Project (PW) Recommended Action – Adopt Resolution
3 ii. Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching Funds and Stating the Assurance to Complete the San Rafael Canal Crossing (PW) Recommended Action – Adopt Resolution
g. Southern Heights/Courtright Retaining Wall Project
Resolution Approving and Authorizing the City Manager to Execute the Property Purchase Agreement for Acquisition of a Roadway and Slope Easement with Property Owner of 78 Southern Heights Boulevard and Accept the Grant Deed for Such Property (PW) Recommended Action – Adopt Resolution
h. Spinnaker Point Parking Modification Project Notice of Completion Accept Completion of the Spinnaker Point Parking Modification Project (City Project No. 11363), and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action – Accept completion of the Spinnaker Point Parking Modification Project and authorize the City Clerk to file the Notice of Completion

PUBLIC HEARINGS

5. Public Hearings:
a. Use Permit Revocation for Nightclub at 842 Fourth Street Resolution Denying an Appeal (AP23-001) and Affirming the Planning Commission’s March 28, 2023 Action to Revoke the Use Permit (UP05-01) Allowing the ReEstablishment of Live Entertainment and a Cocktail Lounge as Part of a New Restaurant/Supper Club Located at 842 4th Street (CD)
Recommended Action – Adopt Resolution
b. Reusable Foodware Ordinance
Introduction of An Ordinance of the City Council of the City of San Rafael Amending the San Rafael Municipal Code to Repeal and Replace Chapter 10.92 - Prohibition on Use of Polystyrene Foam Disposable Food Packaging with New Chapter 10.92 - Regulation of Foodware for Retail Food Vendors (CM)
Recommended Action – Waive further reading of the Ordinance and refer to it by title only, and introduce the Ordinance
c. BioMarin Development Agreement
Accept the 3rd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street); Case No.: P23-004 (CD) Recommended Action – Accept the 3rd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street) 4 OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Downtown San Rafael Business Improvement District
Approval Of Actions Supporting the Downtown San Rafael Business Improvement District Capacity Building and Management (ED):
i. Resolution Appropriating Funds and Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Management and Enhancement Agreement with the San Rafael Chamber of Commerce In an Amount of $100,000
Recommended Action – Adopt Resolution
ii. Resolution Appointing Downtown Business Improvement District Advisory Board Members
Recommended Action – Adopt Resolution
iii. Resolution Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Transition Agreement with the Downtown San Rafael Business Improvement District (BID Corporation) In an Amount of $5,000 Recommended Action – Adopt Resolution
iv. Resolution Adopting the Downtown Business Improvement District Administrative Guidelines
Recommended Action – Adopt Resolution
b. Community Development Block Grant (CDBG)
Resolution Recommending Community Development Block Grant (CDBG) Project Funding for the Fiscal Year 2023-24 to the Marin County Board of Supervisors (CD) Recommended Action – Adopt Resolution
SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:

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

Minutes subject to approval at the May 1, 2023 meeting

MINUTES

SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, APRIL 17, 2023 AT 6:00 P.M.

In-Person:

San Rafael City Hall
Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/SPCC-2023-04-17 Listen by phone: (669) 444-9171
ID: 824-0033-6958#
One Tap Mobile: US: +16694449171,,82400336958#

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

Absent: None
Also Present: City Manager Jim Schutz
Assistant City Manager Cristine Alilovich
City Clerk Lindsay Lara
Community Development Director Ali Giudice
Planning Manager Leslie Mendez
Mayor Kate called the meeting to order at 6:00 p.m. and requested City Clerk Lindsay Lara call the roll. All members of the City Council were present.

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

1. Planning Commission Interviews
Interview Applicants and Make Appointment to Fill One Unexpired Four-Year Term as a District 1 Representative to the End of October 2025 on the Planning Commission Due to the Resignation of Camille Harris (CC)
Recommended Action – Appoint one applicant
The City Council interviewed the following applicants: Claire Taylor, Jill Rodby, Meili Zhao and Susan Landwirth.

Councilmember Bushey moved and Councilmember Llorens Gulati seconded to appoint Jill Rodby to fill one, unexpired four-year term as a District 1 representative to the end of October 2025 on the Planning Commission.

Ayes: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati and Mayor Kate Noes: Councilmembers: None

Absent: Councilmembers: None
ADJOURNMENT:

Mayor Kate adjourned the meeting at 6:55 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the May 1, 2023 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, APRIL 17, 2023
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://cityofsanrafael-org.zoom.us/j/86061905675 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: US: +16694449171,,86061905675#
This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom.

This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

Absent: None
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 7:01 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate provided opening remarks, which included gratitude to City staff, the City’s recent launch of a mobile crisis team called SAFE (Specialized Assistance for Everyone), Earth Day and a land acknowledgement.

City Clerk Lindsay Lara informed the community that the in-person meeting would be recorded and streamed live to YouTube and through Zoom, and members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone, through Zoom and in-person.

OPEN SESSION

1. None.
2 CLOSED SESSION

2. Closed Session: - None.

OPEN TIME FOR PUBLIC EXPRESSION
Mayor Kate invited public comment; however, there was none.

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

3. City Manager and Councilmember Reports:

Jim Schutz announced:
• City Council Goals and Objectives sessions to be held May 8th and May 15th • Earth Day Clean and Green, April 21st, 10 a.m. - 12 p.m. • Earth Day Neighborhood Clean-Ups, April 22nd, 9 a.m. – 12 p.m.

City Councilmember Reports:
• Vice Mayor Llorens Gulati reported on the SAFE team ribbon-cutting, an East San Rafael Working Group meeting, a Marin Women Run for Office event, a Reusable Foodware meeting and a working group meeting on EV charging. She announced an upcoming Pickleweed Clean-up on Saturday, April 22nd.
• Councilmember Bushey reported on a Central Marin Sanitation Agency meeting, a Police Department ride-along, a Public Works tour, a San Rafael Library Foundation meeting and a San Rafael Chamber of Commerce meeting.
• Councilmember Kertz reported on Marin Wildfire Prevention Authority (MWPA) meetings, a Fire Department ride-along, a Public Works ride-along and the Marin Economic Forum.
• Councilmember Hill reported on an Economic Development Subcommittee meeting. He announced the unveiling of the Draft Economic Development Strategic Plan (EDSP). • Mayor Kate reported on a Public Works ride-along.

Mayor Kate invited public comment.

Speaker: Eva Chrysanthe
CONSENT CALENDAR:

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

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the City Council Meeting of April 3, 2023 (CC) Approved minutes as submitted
b. Grant Funded Canal Broadband Feasibility Study Consulting Contract Approve and Authorize the City Manager to Negotiate and Execute a Professional Services Agreement with EntryPoint Networks, Inc. to Coordinate and Perform the Services Required to Create the Work Products Outlined in the Local Agency Technical Assistance 3 (“LATA”) Grant Award from the California Public Utilities Commission (“CPUC”) for the San Rafael Canal Qualified Opportunity Zone Project in the Amount of $182,120 (DS) Authorized the City Manager to negotiate and execute a professional services agreement in the amount not to exceed $182,120 with EntryPoint Networks, Inc. to perform the services required to create the work products outlined in the contract and Digital Feasibility Study Proposal previously submitted and approved by the California Public Utilities Commission (CPUC) as a part of the City’s Local Agency Technical Assistance (LATA) grant application and award. c. Grant Award from the State of California Arts Commission Resolution Approving the Acceptance and Appropriation of Grant Funding from the State of California Arts Commission in An Amount of $671,429 for The Downtown San Rafael Arts District, and Authorizing the City Manager to Execute a Grant Agreement and Other Documents Related to the Grant (ED)
Resolution 15199 - Resolution Approving the Acceptance and Appropriation of Grant Funding from the State of California Arts Commission in An Amount of $671,429 for The Downtown San Rafael Arts District, and Authorizing the City Manager to Execute a Grant Agreement and Other Documents Related to the Grant
d. City Quarterly Investment Report
Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending March 31, 2023 (Fin)
Recommended Action – Accepted report
e. National Library Week
Proclamation Supporting National Library Week April 23-29, 2023 (LR) Received and filed
f. Approval of Special Event Street Closures in San Rafael Resolution Authorizing the Temporary Closure of Streets in San Rafael for “Dining Under the Lights”, A Special Event Series on Fourth Street (PD) Resolution 15200 - Resolution Authorizing the Temporary Closure of Streets in San Rafael for “Dining Under the Lights”, A Special Event Series on Fourth Street g. B Street Culvert Replacement Project
Authorize the City Manager to Terminate the Construction Contract for B St Culvert Replacement Project, City Project No. 11380 with Maggiora & Ghilotti, Inc. (PW) Authorized the City Manager to terminate the construction contract for the B St Culvert Replacement Project, City Project No. 11380 with Maggiora & Ghilotti, Inc.

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

PUBLIC HEARINGS

5. Public Hearings:
a. Paramedic Tax Rates for Fiscal Year 2023-24
Introduction of An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Service Special Tax Rates Within the Voter-Approved Limit, Commencing with Fiscal Year 2023-2024, for Residential Units and Non-Residential Structures in the City of 4 San Rafael, County Service Area No. 13, County Service Area No. 19, and The Marinwood Community Services District (Fin)
Thomas Wong, Sr. Management Analyst (Fire Department) presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment, however there was none.

Councilmembers provided comments.

Councilmember Hill moved and Councilmember Kertz seconded to waive further reading of the Ordinance, refer to it by title only and introduce the Ordinance; and the City Clerk read the title of the Ordinance.

An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Service Special Tax Rates Within the Voter-Approved Limit, Commencing with Fiscal Year 2023-2024, for Residential Units and Non-Residential Structures in the City of San Rafael, County Service Area No. 13, County Service Area No. 19, and The Marinwood Community Services District AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Waived further reading of the Ordinance, referred to it by title only, and introduced the Ordinance

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Citywide Parks and Recreation Master Plan
Resolution Adopting the Citywide Parks and Recreation Master Plan (LR) Catherine Quffa, Library & Recreation Director introduced Lauren Ivey-Thomas, RHAA Landscape Architects and Teifion Rice-Evans, EPS-Economic & Planning Systems who presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speakers: Alice Cochran, Kate Powers, Eva Chrysanthe
Staff responded to public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Hill seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
5 ABSENT: Councilmembers: None
Resolution 15201- Resolution Adopting the Citywide Parks and Recreation Master Plan b. Appointment of Cristine R. Alilovich to City Manager Resolution Appointing Cristine R. Alilovich City Manager, Effective June 1, 2023 and Approving and Authorizing the Mayor to Execute An Employment Agreement (CA) Rob Epstein, City Attorney presented the Staff Report.

Mayor Kate invited public comment.

Speakers: Barry Taranto, Eva Chrysanthe, Lori Schifrin
Councilmembers provided comments.

Mayor Kate moved and Councilmember Llorens Gulati seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15202- Resolution Appointing Cristine R. Alilovich City Manager, Effective June 1, 2023 and Approving and Authorizing the Mayor to Execute An Employment SAN RAFAEL SUCCESSOR AGENCY:

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

Member Kertz moved and Member Bushey seconded to approve the Consent Calendar.

1. Consent Calendar:
a. Successor Agency Quarterly Investment Report
Acceptance of City of San Rafael Successor Agency Quarterly Investment Report for the Quarter Ending March 31, 2023 (Fin)
Accepted report
AYES: Members: Bushey, Hill, Kertz, Llorens Gulati & Chair Kate NOES: Members: None
ABSENT: Members: None
ADJOURNMENT:

Mayor Kate adjourned the meeting at 8:42 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
Agenda Item 4.b

Page 1 of 3 ends

ORDINANCE NO. 2026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING

THE PARAMEDIC SERVICE SPECIAL TAX RATES WITHIN THE VOTER-APPROVED LIMITS, COMMENCING WITH FISCAL YEAR 2023-2024, FOR RESIDENTIAL UNITS

AND NON-RESIDENTIAL STRUCTURES IN THE CITY OF SAN RAFAEL, COUNTY SERVICE AREA NO. 13, COUNTY SERVICE AREA NO. 19, AND THE MARINWOOD

COMMUNITY SERVICES DISTRICT
WHEREAS, the electors of the City of San Rafael in 1979 and in 1988, adopted a Paramedic Service Special Tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential units and non-residential structures within the City of San Rafael; and
WHEREAS, the City, pursuant to three separate agreements, provides paramedic services to Marinwood Community Services District, County Service Area No. 13, and County Service Area No. 19; and
WHEREAS, on November 2, 2010, the electors of the City of San Rafael approved Measure “I”, subsequently designated as Ordinance No. 1891, increasing the ceiling on the Paramedic Service Special Tax rate to $108.00 per residential unit and to $0.14 per square foot of non-residential structures; and providing a corresponding increase in the appropriations limit; and
WHEREAS, the current annual Paramedic Service Special Tax rate in the city limits of the City of San Rafael is $104.00 per residential unit and $0.140 per square foot of nonresidential structures; and WHEREAS, Paramedic Service Special Tax rates were approved by the electors of County Service Area No. 13 and County Service Area No. 19 by elections held in November 2006 and November 2011, and by the electors of Marinwood Community Services District by an election held in November 2006; and
WHEREAS, the current annual Paramedic Service Special Tax rates in County Service Area No. 13, and County Service Area No. 19, are $95.00 per residential unit and $0.132 per square foot of non-residential structures, which rates are the maximum rates approved by voters in those County Service Areas; and
WHEREAS, the current annual Paramedic Service Special Tax rates in the Marinwood Community Services District are $85.00 per residential unit and $0.11 per square foot of non-residential structures, which rates are the maximum rates approved by voters in that Community Services District; and
WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that for the City of San Rafael, the basic rate is insufficient to cover the cost of providing the paramedic service to San Rafael residents; and WHEREAS, the City of San Rafael annual Paramedic Service Special Tax rates should be adjusted to $108.00 per residential unit, and remain at $0.140 per square foot of non-residential structures; for the County Service Area No. 13 and County Service Area No. 19, the annual Paramedic Service Special Tax rates should remain at $95.00 per residential Agenda Item 4.b

Page 2 of 3 ends

unit, and remain at $0.132 per square foot of non-residential structures; and that for Marinwood Community Services District, the annual Paramedic Tax rates should remain at $85.00 per residential unit, and remain at $0.11 per square foot of non-residential structures; these rates will cover the cost of providing paramedic services within these service areas for fiscal year 2023-2024; and

WHEREAS, County Service Area No. 13 and County Service Area No. 19, based upon budgets recommended to them, have advised the City that they approved of the continuing of the annual Paramedic Service Special Tax rates within their respective jurisdictions, at $95.00 per residential unit, and at $0.132 per square foot of non-residential structures; and
WHEREAS, Marinwood Community Services District, based upon budgets recommended to them, have advised the City that they approved of the continuing of the annual Paramedic Service Special Tax rates within its jurisdiction, at $85.00 per residential unit, and at $0.11 per square foot of non-residential structures.

NOW THEREFORE, the City Council of the City of San Rafael does ordain as follows:

Division 1. Pursuant to San Rafael Municipal Code Section 3.28.060, the City Council hereby sets the tax rate for paramedic services within City limits commencing in fiscal year 2023-2024, at $108.00 per year for each residential unit, and $0.140 per square foot for non-residential structures.

Division 2. The City Council hereby sets the Paramedic Tax Rates for County Service Area No. 13 and County Service Area No. 19, commencing with fiscal year 2023- 2024, at $95.00 per year for each residential unit, and $0.132 per square foot for each nonresidential structure.

Division 3. The City Council hereby sets the Paramedic Tax Rates for Marinwood Community Services District, commencing with fiscal year 2023-2024, at $85.00 per year for each residential unit, and at $0.11 per square foot for each non-residential structure.

Division 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Division 5. 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 thirty (30) days after its final passage. 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.

Agenda Item 4.b

Page 3 of 3 ends

KATE COLIN, Mayor
Attest:

LINDSAY LARA, City Clerk
The foregoing Ordinance was first read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 17th day of April 2023, and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 1st day of May 2023.

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

LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AMENDING THE PARAMEDIC SERVICE SPECIAL TAX RATES WITHIN THE VOTER-APPROVED LIMITS, COMMENCING WITH FISCAL YEAR 2023-2024, FOR

RESIDENTIAL UNITS AND NON-RESIDENTIAL STRUCTURES IN THE CITY OF SAN RAFAEL, COUNTY SERVICE AREA NO. 13, COUNTY SERVICE AREA NO. 19,

AND THE MARINWOOD COMMUNITY SERVICES DISTRICT
This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2026, which will set the Paramedic Service Special Tax rates for Fiscal Year 2023-2024 for properties in the City of San Rafael, County Service Area No. 13 (CSA No. 13), County Service Area No. 19 (CSA No. 19), and the Marinwood Community Services District (CSD) as detailed in the complete text of Ordinance No. 2026.

Ordinance No. 2026 is scheduled for adoption by the San Rafael City Council at its regular meeting of May 1, 2023. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF ORDINANCE
The City of San Rafael has adopted, with required voter approval, San Rafael Municipal Code (SRMC) Chapter 3.28, the Paramedic Service Special Tax, to be imposed annually upon residential units and non-residential structures within the City of San Rafael. In addition, pursuant to three separate agreements, San Rafael provides paramedic services to CSA No. 13, CSA No. 19, and Marinwood CSD. The City Council sets the annual tax rates within those jurisdictions by ordinance. Ordinance No. 2026 would set the annual Paramedic Service Special Tax rates for Fiscal Year 2023-2024 as follows:

Jurisdiction Residential Unit Rate Nonresidential Structure Rate City of San Rafael: $108.00/residential unit $0.140/square foot of structures CSA No. 13: $95.00/residential unit $0.132/square foot of structures CSA No. 19: $95.00/residential unit $0.132/square foot of structures Marinwood CSD: $85.00/residential unit $0.110/square foot of structures For a complete copy of the text of the Ordinance, please contact the San Rafael Fire Department at (415) 485-3304 or by email: [email protected]. Copies of the Ordinance are also available for public review by contacting the City Clerk’s office by email to [email protected]
/s/ Lindsay Lara

LINDSAY LARA
San Rafael City Clerk
Dated: 04/21/23
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.c
Meeting Date: May 1, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: COMMUNITY DEVELOPMENT
Prepared by: Alicia Giudice, Director
Chris Hess, Assistant Director
Alexis Captanian, Housing Analyst
City Manager Approval: ___________

TOPIC PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

SUBJECT RESOLUTION RECOMMENDING PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PROJECT FUNDING FOR THE CALENDAR YEAR 2023 TO THE MARIN COUNTY BOARD OF SUPERVISORS

RECOMMENDATION

1. Adopt a resolution recommending Permanent Local Housing Allocation (PLHA) project funding for the calendar year 2023 to the Marin County Board of Supervisors.

BACKGROUND
The Permanent Local Housing Allocation Program (PLHA) provides funding to local jurisdictions for housing and is part of the Building Homes and Jobs Act (SB2) approved by the Governor in 2017. PLHA aims to address the state’s housing shortage and high housing costs by providing an ongoing source of housing financing through real estate fees.

In February 2020, the California Department of Housing and Community Development (HCD) released the PLHA Program Notice of Funding Availability (NOFA) for approximately $195 million in local government funding. Marin County is eligible for non-competitive PLHA funds because of its status as an Entitlement Community by the U.S. Department of Housing and Urban Development for the Community Development Block Grant (CDBG) program and because it has an approved Housing Element in compliance with the State Housing Law, at the time of application, and submits Annual Progress Reports approved by HCD. Funding recommendations are subject to final approval of PLHA funds by HCD.

On July 21, 2020, the Marin County Board of Supervisors passed a resolution to apply for PLHA grant funding through the non-competitive NOFA process. In August 2020, the Board also approved a five-year expenditure plan for the funds. This plan was developed in consultation with the Board of Supervisors Housing Subcommittee and in alignment with the Countywide Priority Setting Committee’s1 (PSC) approved 2020-24 Consolidated Plan and Assessment of Impediments to Fair Housing Choice (AI).
1 The Countywide Priority Setting Committee is made up of elected representatives of Marin cities and towns, a member of the Board of Supervisors, and community members representing the federal SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Under the five-year plan, PLHA funds are matched with funds from the Marin County Affordable Housing Fund (Housing Trust). This activity was recommended by staff to ensure effective and efficient deployment of PLHA funds. Marin County Housing Trust funds can be applied to projects in all jurisdictions of Marin, and seeks collaborative funding from cities and towns where eligible projects are approved. When matched with PLHA, staff aim to distribute funding in each of the CDBG Planning Areas (County Other, San Rafael, and Novato) with funding dependent on the recommended project.

For the 2023 program year, the County has $1,179,015 in PLHA funds to distribute. Together, these matched funds will support predevelopment, development, acquisition, and preservation of affordable housing, with an emphasis on projects serving those that earn an income at or under 60 percent Area Median Income (AMI), as stipulated in the PLHA Final Guidelines.

ANALYSIS:

All project applications were evaluated by County staff based on the PLHA criteria developed by HCD and on the PSC approved program goals.

HCD PLHA Criteria:
• Project readiness: applicant must have site control for development projects, land use entitlements, environmental review, and commitments of other required funding and resources.
• Priority for projects supporting individuals and households earning 60% AMI or below.

PSC Approved Program Goals:

In addition to the criteria set forth by HCD, the PSC approved the following PLHA program goals, which are informed by the HUD approved 2020-24 Consolidated Plan and Analysis of Impediments to Fair Housing Choice:
• Family Housing
• Rental Housing – Acquisition, New Construction, Rehabilitation • Homeowner Housing – Acquisition, New Construction, Rehabilitation • Special Needs Housing
• Land trust in eastern Marin that provides home ownership opportunities, with specific inclusion for African Americans
Additionally, in alignment with the PSC’s efforts on fair housing and equity, all applications include:
• A demographic assessment (race/ethnicity, people with disabilities, families) of the applicant’s existing housing projects in Marin.
• Demographics of staff and board members of the applicant organization(s).

Applications Received and Funding Recommendation
Between February 9 and March 15, 2023, the County released a NOFA for $2,358,0302 in PLHA/Marin Housing Trust funds. A total of nine (9) PLHA/Marin Housing Trust applications protected classes under fair housing laws which includes race, color, national origin, religion, sex, familial status, and disability.
2 This figure is inclusive of the Marin County Trust Fund match.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
were received for projects across the county totaling $13,216,060 in requests. One (1) of the applications received is for a project located in San Rafael:
3301 Kerner (Eden Housing) is a State Homekey project that will provide 40 apartments serving as supportive housing with wrap around services for formerly homeless persons with mental illness. The project is the adaptive reuse of an existing three-story office building in the Canal neighborhood. Eden Housing has requested $1,000,000 in PLHA/Marin Housing Trust funds to address unanticipated design changes required to address a portion of the building that is situated in a floodplain. This project meets the regulatory requirements set forth by the PLHA program including readiness and site control. In addition, the project meets two of the program goals approved by the PSC, including the creation of new rental housing and housing that serves a special needs population. To-date, the County has contributed over $20 million in General Fund and County Housing Trust funds towards this project, and the City of San Rafael has contributed approximately $2.4 million.

To support these unanticipated costs, staff recommend funding $500,000 in PLHA/Marin Housing Trust funds ($250,000 in PLHA funds and $250,000 in County Housing Trust funds), contingent on a $250,000 match from the City of San Rafael.

FISCAL IMPACT: The PLHA/Marin Housing Trust fund award is contingent on a $250,000 match from the City of San Rafael. Staff recommends that the City Council consider a funding request from Eden Housing for the project at 3301 Kerner through the current funding cycle for the City’s Affordable Housing Trust Fund. Staff is scheduled to present funding recommendations to the City Council in June 2023, and City Council may appropriate the matching funds at that time.

OPTIONS:

1. Approve the PLHA funding as recommended.

2. Defer to the Countywide Priority Setting Committee to provide the recommendation for the San Rafael Planning Area applications.

3. Do not approve the recommendation and provide direction to staff.

ACTION REQUIRED:

Adopt a resolution recommending Permanent Local Housing Allocation (PLHA) project funding for the calendar year 2023 to the Marin County Board of Supervisors.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 PLHA Guidelines
Attachment 3 Funding Application
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RECOMMENDING

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROJECT FUNDING FOR THE FISCAL YEAR 2023-24 TO THE MARIN COUNTY BOARD OF SUPERVISORS BE IT RESOLVED by the Council of the City of San Rafael as follows:

WHEREAS in September 2017, the Governor signed into law Senate Bill 2, the “Building Homes and Jobs Act”; and
WHEREAS in February 2020, the California Department of Housing and Community Development (HCD) released the PLHA Program Notice of Funding Availability (NOFA) for ongoing local government provision of housing financing through real estate fees; and
WHEREAS in July 2020, the Marin County Board of Supervisors passed a resolution to apply for PLHA grant funding through the non-competitive NOFA process; and
WHEREAS in August 2020, the Marin County Board of Supervisors approved a 5-year expenditure plan for the funds; and
WHEREAS in September 2021, the Countywide Priority Setting Committee approved program goals for projects; and
WHEREAS on May 1, 2023, the City Council reviewed the submitted applications in accordance with the required selection process;
NOW, THEREFORE IT IS HEREBY RESOLVED that the City Council recommends to the Marin County Board of Supervisors that the $250,000 in PLHA funds available for allocation by the City of San Rafael be distributed to Eden Housing’s 3301 Kerner project, subject to adjustments necessary to accommodate any changes in the County of Marin’s final allocation from the California Department of Housing and Community Development (HCD).

I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 1st day of May 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Lindsay Lara, City Clerk
Permanent Local Housing Allocation
Final Guidelines
Gavin Newsom, Governor
State of California
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 150
Sacramento, CA 95833
October 2019
Department of Housing and Community Development 2 2019 PLHA Final Guidelines The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms… Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) In consultation with stakeholders, the California Department of Housing and Community Development (Department) may adopt Guidelines to implement this Section, including determining allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the Department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Title 2 Government Code, Part 1 of Division 3).

NOTE: Authority Cited: Health and Safety Code Section 50470, subdivision (d).

The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.

Department of Housing and Community Development 3 2019 PLHA Final Guidelines

INTRODUCTION
Chapter 364, Statutes of 2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use 70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.

Guidelines for the PLHA program are organized into five Articles as follows:

Article I. General provisions: This article includes information on the purpose of the Guidelines, program objectives, and definitions used throughout the document.

Article II. Program funding: This article describes allocation formulas and methodologies, and award amounts.

Article III. Formula allocation component: This article describes the requirements for Applicants to apply for funds under the formula allocation of the PLHA program.

Article IV. Competitive allocation component: This article describes requirements and uses for PLHA competitive allocation funds.

Article V. Administration: This article describes administrative functions such as terms, non-performance remedies, and reporting and monitoring requirements.

Department of Housing and Community Development 4 2019 PLHA Final Guidelines Permanent Local Housing Allocation (PLHA) Program:
2019 Guidelines
Table of Contents
ARTICLE I. GENERAL PROVISIONS 5
Section 100. Purpose and Scope 5
Section 101. Definitions 5
ARTICLE II. PROGRAM FUNDING 9
Section 200. Allocations 9
Section 201. Award Amounts 10
ARTICLE III. FORMULA ALLOCATION COMPONENT 11
Section 300. Eligible Applicants 11
Section 301. Eligible Activities 12
Section 302. Threshold Requirements 13
Section 303. Application Review 16
Section 304. Deadlines and Funding Requirements 17
ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT 17
Section 400. Eligible Applicants 17
Section 401. Eligible Activities 18
Section 402. Threshold Requirements 18
Section 403. Selection Criteria 20
Section 404. Application Review 22
Section 405. Deadlines and Funding Requirements 23
ARTICLE V. ADMINISTRATION 23
Section 500. Accounting Records 23
Section 501. Audits/Monitoring of Project Files 24
Section 502. Cancellation and Termination 25
Section 503. Reporting 26
Department of Housing and Community Development 5 2019 PLHA Final Guidelines ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter “Guidelines”) implement, interpret, and make specific Chapter 364, Statutes of 2017 (SB 2, Atkins - hereinafter “SB 2”) as authorized by Health and Safety Code (HSC) Section 50470, which created the Building Homes and Jobs Trust Fund and the PLHA program. The principal goal of this program is to make funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Twenty percent of the funding in the Building Homes and Jobs Trust Fund is required to be expended for Affordable Owner-Occupied Workforce Housing, and the program prioritizes investments that increase the supply of housing to households that are at or below 60 percent of the Area Median Income (AMI), adjusted for household size.
(b) These Guidelines establish terms, conditions, and procedures for local governments to submit applications to the Department for funds from the PLHA program’s three components, as listed below:
(1) Entitlement formula component per HSC 50470(b)(2)(B)(i)(I) (2) Non-entitlement formula component per HSC 50470(b)(2)(B)(i)(II) (3) Non-entitlement competitive grant program component per HSC 50470(b)(2)(B)(i)(I) (eligible Applicants are the same as for component 2 above)
(c) The non-entitlement competitive grant program component prioritizes assistance to persons experiencing or At risk of homelessness.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A), subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(I-V).

Section 101. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in HSC Section 50470. (a) “Accessory dwelling unit” (ADU) means a dwelling unit which is attached, detached or located within the living area of the existing dwelling or residential dwelling unit and which provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An Accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the HSC, or a manufactured home, as Department of Housing and Community Development 6 2019 PLHA Final Guidelines defined in Section 18007 of the HSC.
(b) "Activity" means any single eligible undertaking carried out as part of an Applicant's allocation(s) under the Program.
(c) “Affordable” means a housing unit that satisfies at least one of the following criteria:

1. If the unit is being rented to low-income, Very low-income or Extremely low-income households, it complies with the Multifamily Housing Program guidelines Section 7312 and the Section 7301 definition of “Affordable Rent”; or

2. If the unit is being sold, it is offered at an “Affordable housing cost”, as published in the Fannie Mae Selling Guide, Part B, Debt to Income Ratios, as updated annually
(https://www.fanniemae.com/content/guide/selling/b3/6/02.html#DTI.20Rat ios), and it complies with the income limits stated in the definitions of Moderate-Income and Lower-Income in this section; or

3. If the unit is being rented to Moderate-Income households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income eligibility level, and complies with the definition of Moderate-Income in these guidelines
(d) "Affordable Owner-Occupied Workforce Housing" (AOWH) means owner-occupied housing per HSC Section 50092.1 that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in High-cost areas where Moderate-income shall include households earning up to 150 percent of AMI.
(e) “Annual Progress Report” (APR) means the Housing Element APR required by GC Section 65400 on the prior year’s activities and due to the Department April 1 of each year.
(f) “Annual Report" means a form issued by the Department and completed by a Local government awarded PLHA funds on which the Local government documents the uses and expenditures of any allocated funds and outcomes achieved. (g) "Applicant" means an eligible Local government applying for the program to administer one or more eligible activities. Applicant also means a Local or Regional Housing Trust Fund delegated by an eligible Local government to apply for the program and administer its allocation in accordance with all program rules.

Department of Housing and Community Development 7 2019 PLHA Final Guidelines (h) “Area Median Income” or “AMI” means the most recent applicable county median family income published by the Department, available at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml (i) “At risk of homelessness” means the same as defined in Title 24 Section 578.3 of the Code of Federal Regulations and also includes any household receiving rental assistance funded by the California Emergency Solutions and Housing (CESH) program or the California Homeless Emergency Aid Program (HEAP). (j) “Capitalized Reserve for Services” means the reserve funded by the Local government pursuant to Section 301(a)(5) to address project supportive service budget deficits attributable to shortfalls in service funding sources.
(k) “Comprehensive Housing Affordability Strategy” or “CHAS” means annual data compiled by the United States Census Bureau for the U.S. Department of Housing and Urban Development (HUD) to document the extent of housing problems and housing needs, particularly for low-income households.
(l) "Community Development Block Grant" or "CDBG" means the program created pursuant to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq., as amended.
(m) “Department” means the California Department of Housing and Community Development.
(n) “Extremely Low Income” has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (o) “Fund” means the Building Homes and Jobs Trust Fund pursuant to HSC Section 50470.
(p) “High-cost area” means those counties defined as high cost by the Federal Housing Finance Agency (at: https://www.fhfa.gov/DataTools/ and those counties for which HUD adjusted the Very low income and low-income rents due to high costs (at:
https://www.huduser.gov/portal/pdrdatas_landing.html), as published by the Department in the annual PLHA Notice of Funding Availability.
(q) “Local government” means any city, including a charter city, any county, including a charter county, or a city and county, including a charter city and county.

Department of Housing and Community Development 8 2019 PLHA Final Guidelines (r) “Local Housing Trust Fund” or “Regional Housing Trust Fund” means a public, joint public and private fund or charitable nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific revenue to address local or regional housing needs.
(s) “Low or Lower Income” has the meaning set forth in HSC Section 50079.5, which is a maximum of 80 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (t) “Moderate-Income” has the meaning set forth in HSC Section 50093, which is a maximum of 120 percent AMI, or in High-cost areas, 150 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (u) “Non-entitlement local government” means a Local government in an area which is not a metropolitan city or part of an urban county, a Local government that, as of September 1, 2017, was an incorporated city with a population of less than 50,000 or a county with an unincorporated area population of less than 200,000 persons which had not entered into a three-year Urban County Cooperation Agreement, or a Local government that was not otherwise entitled to receive CDBG funds directly from HUD. (v) “Operating subsidies” means payments to owners of affordable housing developments that make the housing more affordable by covering a portion of the ongoing costs of operating the development. Such payments would have the same effect as rental assistance.
(w)“Owner-occupied” means a dwelling which is occupied by the owner and includes a single family dwelling or a dwelling unit in a stock cooperative, as defined by Business and Professions Code (BPC), Section 11003.2, a community apartment project, as defined by BPC Section 11004, or a condominium project, as defined by subdivision (c) of BPC Section 11004. 5.
(x) "Plan" means the document submitted by the Applicant to the Department as part of a complete application in which the Applicant proposes to use allocated funds for at least one eligible Activity. The Plan shall have a term of five years. In succeeding years, the Local government is required to obtain the approval of the Department for any amendments made to the Plan, as set forth in Section 302(c)(5). (y) “Permanent Local Housing Allocation Program", “Program”, or "PLHA" means the program developed to annually allocate 70 percent of the moneys deposited into the Fund pursuant to HSC Section 50470(b)(2)(B)(i).

Department of Housing and Community Development 9 2019 PLHA Final Guidelines (z) “Permanent supportive housing” has the same meaning as in HSC Section 50675.14, that is, housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Permanent supportive housing may include associated facilities if used to provide services to housing residents. Permanent supportive housing does not include “health facility” as defined by HSC Section 1250 or any “alcoholism or drug abuse recovery or treatment facility” as defined by HSC Section 11834.02 or “Community care facility” as defined in HSC Section 1502, “Mental health rehabilitation centers” as defined in Section 5675 of the Welfare and Institutions Code (WIC), or other residential treatment programs.
(aa)“Regional Housing Needs Allocation" or "RHNA" means the share of the regional housing need represented by persons at all income levels within the area significantly affected by the general plan of the city or county allocated to an Applicant Local government pursuant to GC Section 65584(b).
(bb)“Sponsor” means the legal entity or combination of legal entities with continuing control of a Rental Housing Development. Where the borrowing entity is or will be organized as a limited partnership, Sponsor includes the general partner or general partners who have effective control over the operation of the partnership, or, if the general partner is controlled by another entity, the controlling entity. Sponsor does not include the seller of the property to be developed as the rental housing Project, unless the seller will retain control of the Project for the period necessary to ensure Project feasibility as determined by the Department.
(cc) “Very Low Income” has the meaning set forth in HSC Section 50105, which is a maximum of 50 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470.5 and 50470, subdivision (b)(2).

ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
(a) SB 2 created a dedicated revenue source for affordable housing and directed the Department to make available 70 percent of the moneys in the Building Homes and Jobs Trust Fund, collected on and after January 1, 2019, to Local governments through the following allocations:

Department of Housing and Community Development 10 2019 PLHA Final Guidelines (1) Ninety percent of the moneys available shall be allocated based on the formula used under Federal law to allocate CDBG funds within California. This is the formula specified in Title 42 United States Code (USC), Section 5306. (A) The amount of funds awarded to each Local government eligible for the entitlement formula component shall be determined by the 90 percent of PLHA funds available pursuant to this paragraph (1) and the percentage of funds received by the entitlement Local government in the CDBG federal fiscal year 2017 allocation process performed by HUD.
(B) Through the formula specified in paragraph (1), the percentage of funds allocated to Non-entitlement local governments shall be distributed to Non-entitlement local governments through a competitive grant program. (2) Ten percent of the moneys available shall be allocated equitably among Non-entitlement local governments. The equitable allocation awarded to each Local government eligible for the Non-entitlement formula component shall be based on the sum of: (1) 50 percent of the funding available for the Non-entitlement formula component divided by the number of local governments eligible for the Non-entitlement formula component and (2) 50 percent of the funding allocated in proportion to each Non-entitlement local government’s share of the total most severe housing need in California’s Non-entitlement local governments, based upon the most recent HUD Comprehensive Housing Affordability Strategy.
(b) After funds are appropriated by the Legislature as part of the budget act, the Department will issue one or more Notices of Funding Availability (NOFA). Local governments shall submit an application under the NOFA pertaining to the specific allocation for which the Local government is eligible.
(c) It is recommended that Local governments that were urban counties in accordance with the distribution of funds pursuant to the formula specified in 42 USC, Section 5306 for the federal fiscal year 2017 provide a proportional share of their allocations to Local governments within their county with which they had a three-year Urban County Cooperation Agreement as of September 1, 2017, provided that these Local governments meet the threshold requirements of the PLHA and expend sub-allocated funds for eligible activities within the deadlines of the Standard Agreement governing the sub-allocation.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 201. Award Amounts
(a) The formula allocation amounts derived pursuant to the formulas in Section 200 will be announced in the NOFA.

Department of Housing and Community Development 11 2019 PLHA Final Guidelines (b) The maximum application amount and the minimum application amount for the competitive allocation will be stated in the NOFA.
(c) An Applicant may apply for its formula allocation from the current and two prior NOFAs for which it did not receive an award, provided that the award meets the requirements of Section 304(a).

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

ARTICLE III. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
(a) Eligible Applicants for the entitlement formula component described in Section 100(b)(1) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section 5306.
(b) Eligible Applicants for the non-entitlement formula component described in Section 100(b)(2) and the competitive grant program component described in Section 100(b)(3) are limited to the Non-entitlement local governments. (c) A Local government may delegate another Local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local governments enter into a legally binding agreement and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The administering Local government shall be responsible for all Program requirements.
(d) A Local government may delegate a Local or Regional Housing Trust Fund to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local government enters into a legally binding agreement with the Local or Regional Housing Trust Fund and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The Local or Regional Housing Trust Fund shall be responsible for all Program requirements. (e) An Applicant shall not be eligible to receive a new allocation of PLHA funds if it has an uncommitted amount of formula PLHA funds greater than the following:
(1) Four times the pending annual allocation if the pending annual allocation is $125,000 or less;
(2) $500,000 if the pending annual allocation is greater than $125,000 and less than $500,000;
Department of Housing and Community Development 12 2019 PLHA Final Guidelines (3) The amount of the pending annual allocation if the pending allocation is $500,000 or more.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 301. Eligible Activities
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(A) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core Department of Housing and Community Development 13 2019 PLHA Final Guidelines components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation. (c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
(d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivisions (b)(2)(B)(ii)(IV), (b)(2)(D)(i-x), and (b)(3).

Section 302. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the formula allocation:
(a) Housing Element compliance: The Applicant and any delegating Local government, if applicable, must have a Housing Element that has been adopted by the Local Department of Housing and Community Development 14 2019 PLHA Final Guidelines government’s governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant and any delegating Local government, if applicable, must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit, by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests an allocation pursuant to Section 200 in order to carry out one or more of the eligible activities described in Section 301. Except for a jointly funded project as described in Section 301(c), any activities must be carried out within the jurisdiction of the Applicant Local government. (2) Submission of the application is authorized by the governing boards of the Applicant.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. For the purposes of this paragraph, “entity” means a housing developer or program operator; “entity” does not mean an administering Local government to whom a Local government delegates its PLHA formula allocation, pursuant to Section 300(d).
(4) A Plan detailing:
(A) The manner in which allocated funds will be used for eligible Activities. (B) A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI. Programs targeted at households at or below 60 percent of AMI will be deemed to meet this requirement.

Department of Housing and Community Development 15 2019 PLHA Final Guidelines (C) A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
(D) Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
(E) The following for each proposed Activity:
(i) A description of each proposed Activity, pursuant to Section 301, and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to AOWH. (ii) The projected number of households to be served at each income level and a comparison to the unmet share of the RHNA at each income level. (iii)A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
(iv)The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least 55 years. (5) The Plan submitted in response to the NOFA shall be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than 10 percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting. (6) A certification that, if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
(A) The PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with Section 301; or
(B) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or
(C)The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds Department of Housing and Community Development 16 2019 PLHA Final Guidelines of the equity-sharing agreement consistent with this section. (7) A certification that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.
(8) A Program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 303. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements.
(b) The Department may request additional information to complete its review. (c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.
(d) The Department may issue an Over-the-Counter formula allocation NOFA after completing the NOFA process so that Local governments who were not able to submit formula allocation applications by the application deadline will have another opportunity to do so.
(e) If funding proposed in Local government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A).

Department of Housing and Community Development 17 2019 PLHA Final Guidelines Section 304. Deadlines and Funding Requirements
(a) The initial PLHA application, including the Plan, must be submitted within 48 months of the budget appropriation (for example, the budget appropriation for 2019 is July 1, 2019, so the application deadline is June 30, 2023). (b) Funds allocated to Local governments that do not submit a complete application by the deadline stated in subsection (a) will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for Department-administered technical assistance to Local governments.
(c) A Local government may petition the Department to return any funds allocated to it to be used for the Multifamily Housing Program.
(d) Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees. (e) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instruction. (f) After the Standard Agreement has been executed by the state, the Local government may submit a request for 100 percent of the funds allocated to be used for eligible expenditures for the Activity(ies) that received the award, and subject to the terms and conditions of the Standard Agreement.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(VI).

ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
(a) Eligible Applicants for the non-entitlement competitive allocation described in Section 100(b)(3) are limited to Non-entitlement local governments. For development of Rental Housing Projects, the Sponsor must be a co-Applicant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I).

Department of Housing and Community Development 18 2019 PLHA Final Guidelines Section 401. Eligible Activities
(a) Eligible Activities are limited to the following and must take place within the jurisdiction of the Applicant Local government:
(1) Development of new multifamily rental housing that is Affordable to households at or below 60 percent of AMI or substantial rehabilitation of multifamily rental housing that will be Affordable to households at or below 60 percent of AMI, but which is not currently restricted as Affordable housing; or (2) Assistance to persons who are experiencing or At risk of homelessness, including, but not limited to, through rapid rehousing, or rental assistance, supportive services and case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers, or new construction, rehabilitation, or preservation of permanent or transitional rental housing.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia), (b)(2)(B)(i)(I)(ib) and subdivision (b)(2)(B)(ii)(V).

Section 402. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the competitive allocation:
(a) Housing Element compliance: The Applicant must have a Housing Element that has been adopted by the jurisdiction’s governing body by the application deadline date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests a grant pursuant to Section 100(b)(3) in order to carry out one Department of Housing and Community Development 19 2019 PLHA Final Guidelines or both of the eligible Activities set forth in Section 401. (2) Submission of the application is authorized by the governing board of the Applicant and by the developer co-applicant, if any.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the selection process shall avoid conflicts of interest, and shall be accessible to the public.
(4) Demonstration of readiness, including site control for development Projects, land use entitlements, environmental review and commitments of other funding and resources required, as further set forth in the NOFA;
(5) Underwriting requirements:
(A)Uniform Multifamily Regulations Subchapter 19 of Title 25, Division 1, Chapter 7 (commencing with Section 8300), as amended from time to time, and the Multifamily Housing Program Guidelines (commencing with Section 7300), as amended from time to time, are hereby incorporated by reference into this subchapter and shall apply to Rental Housing Developments receiving assistance under the PLHA competitive allocation. In the event of a conflict between the provisions of Subchapter 19 and these Guidelines, the provisions of these Guidelines shall prevail.
(i) Section 8312(c) of the Uniform Multifamily Regulations is hereby amended to read:
(c) For Projects utilizing 4 percent tax credits, Developer Fee payments shall not exceed the amount that may be included in Project costs pursuant to 4 CCR, Section 10327. In addition, the Developer Fee paid from development funding sources shall not exceed the following:
(1) For acquisition and/or rehabilitation Projects, or adaptive reuse Projects, the lesser of the amount of Developer Fee in Project costs or $2,000,000. (2) For new construction Projects, the base limit shall be the lesser of the amount that may be included in Project costs or $2,200,000. To arrive at the final limit on Developer Fee paid from development funding sources, the base limit shall then be multiplied by a ratio that is the average of (i) the difference between 2 and the Project’s high-cost ratio, as calculated pursuant to 4 CCR, Section 10317(i)(6) or successor language and (ii) 100 percent.
(ii) Section 8312(d) of the Uniform Multifamily Regulations shall not apply. (iii)Section 8314(a)(1)(A) of the Uniform Multifamily Regulations is amended to read:
(A) Approved deferred Developer Fee, pursuant to Section 8312, provided that the aggregate of the Developer Fee paid from sources and paid as deferred shall not exceed $3,500,000.

Department of Housing and Community Development 20 2019 PLHA Final Guidelines (B)Period of affordability: All assisted rental units shall be restricted for not less than 55 years.
(C)All development Projects shall demonstrate fiscal integrity.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 403. Selection Criteria
(a) Applications submitted within a competitive funding round shall be evaluated using the following criteria. Total available points shall equal 100.

1. Priority Points – 25 points
A. Population - 5 points
(i) If the Applicant is a county that has a population of 200,000 or less within the unincorporated areas of the county, the Applicant shall receive all points.

B. Prior Award – 5 points
(i) If the Applicant did not receive an award based on the formula specified in 42 USC, Section 5306 in 2016, the Applicant shall receive all points.

And either C (i) or C (ii) or C (iii) below:

C. Activity
(i) Assistance for Homeless Persons through Program Activities – 15 points
(a) Applications to assist persons experiencing or At risk of homelessness, including, but not limited to, through programs providing rapid rehousing, or rental assistance, or operating assistance to navigation centers shall receive all points.

Or
(ii) Assistance to Homeless Persons through Development of Navigation Centers– 15 points
(a) Applications for construction of navigation centers shall receive all points.

Or
Department of Housing and Community Development 21 2019 PLHA Final Guidelines (iii) Assistance for Homeless Persons through Rental Projects – 15 points (a) Applications for the new construction, rehabilitation, or preservation of permanent or transitional rental housing in which all or at least 10 percent of the units are restricted to occupancy by tenants who are homeless or At risk of homelessness shall receive all points.

2. Evaluation Criteria – 75 points
Precise scoring for these factors will be set forth in the NOFA.

A. Community Need – 30 points
(i) Applicants will receive up to a maximum of 30 points based on the rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset in the Applicant Local government.

Applicants will receive points in proportion to this percentage.

B. Applicant Administrative Experience – 15 points
(i) Applicants with prior experience administering local, state or federal affordable housing or community development programs or who have entered into a contract with an entity with prior experience in the implementation of local, state or federal affordable housing or community development programs will receive up to 15 points.

C. Demonstrated Capacity – 30 points
(i) Capacity points will be based on:
(a) Sponsor experience in Affordable Rental Housing Development and ownership (Up to 30 points) or
(b) Navigation center development experience (for development of these facilities) (Up to 30 points) or
(c) Program Operator experience (for non-development Activities) (Up to 30 points)
(b) Where applications requesting funds for more than one eligible Activity pursuant to Section 401 are permitted by the NOFA, each Activity will receive a separate score for each rating factor, and have an individual Activity total. It is possible that one Activity may score highly enough to receive an award, and the other Activity does not. (c) In the event of tied point scores and insufficient funding for both applications, the Department shall rank the tied applications as follows:
(1) If one of the tied applications is for an Affordable Rental Housing Development and the other is for a program Activity or development of a navigation center, the Department of Housing and Community Development 22 2019 PLHA Final Guidelines Affordable Rental Housing Development application will be selected for funding; (2) If one of the tied applications is for a navigation center and the other is for a program Activity, the navigation center will be selected for funding; (3) If both of the tied applications are for Affordable Rental Housing Developments, the Project with the lowest weighted average affordability of Restricted Units will be selected;
(4) If both of the tied applications are for navigation centers, the facility that provides overnight shelter to the greatest number of people will be selected; (5) If both of the tied applications are for programs, the Local government with the highest rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset will be selected.
(d) In the event there are insufficient funds to fulfill the entire funding request for the next highest scored application (Application A), the Department will determine whether Application A is feasible without the full funding request. If Application A is not feasible without full funding, the Department may offer the remaining funds to the application whose score is immediately below Application A. If the remaining funds are insufficient to fulfill the funding request for that application (Application B), the Department will again determine whether this application is feasible without the full funding request. If Application B is not feasible without the full funding request, the Department will perform the same analysis for the application whose score is immediately below Application B.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia) and subdivision (b)(2)(B)(ii)(V).

Section 404. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements. The application will require submission of documentation adequate to demonstrate that the application has earned the appropriate number of points. (b) The Department may request additional information to complete its review, provided that the new information would not affect scoring.
(c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Department of Housing and Community Development 23 2019 PLHA Final Guidelines Section 405. Deadlines and Funding Requirements
(a) Applicants will be required to enter into a state Standard Agreement (Standard Agreement) that will set forth conditions for funding and milestones that are required to be met.
(b) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award.
(c) Except for predevelopment expenses for construction projects funded by PLHA and the costs to develop and prepare the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds.

Reimbursement of expenses to prepare the PLHA application is subject to the cap on administrative fees.
(d) Grant funds shall not be disbursed until:
(1) the Department authorizes loan closing, in the case of development projects; or (2) all general and special conditions have been complied with, in the case of other Activities.
(e) If funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the project for at least 55 years.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(VI).

ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
(a) The grantee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the approved work plan, budget, and schedule. Separate bank accounts are not required. (b) The grantee shall maintain documentation of its financial records for expenditures incurred during the course of the PLHA Activity in accordance with generally accepted accounting principles. Such records shall be kept for at least five years after the close-out report is submitted to the Department.

Department of Housing and Community Development 24 2019 PLHA Final Guidelines (c) The Department or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to the PLHA grant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3).

Section 501. Audits/Monitoring of Project Files
(a) Grantee shall maintain PLHA files which, at a minimum, should include the following information and reports:
1) Project/Activity description
2) Land/site Information
3) Planning & zoning history (as appropriate)
4) Records of public hearings and public comments
5) Relocation needs (as appropriate)
6) Contracts, loan and grant agreements, Standard Agreement 7) Environmental records & reports/findings (as appropriate) 8) Design/engineering reports & plans (as appropriate)
9) Description of targeted beneficiaries, services to be provided, household incomes, special needs
10)PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
11)Activity schedule and amendments
12)History of Plan amendments
13)Procurement policy used for PLHA Activity(ies)
(b) The grantee shall maintain such records for possible audit for a minimum of three years after the close-out report is submitted, unless a longer period of records retention is stipulated in the Standard Agreement.
(c) The grantee shall be responsible for monitoring Rental Housing Developments that received PLHA funds for the term of the loan, including, but not limited to, the Projects’ compliance with the occupancy and rent requirements set forth in the Regulatory Agreement, compliance with reserve requirements, and the compliance with habitability standards.
(d) The grantee shall be responsible for monitoring AOWH loans to assure that the homes remain Owner-occupied.
(e) If requested by the Department, the grantee shall obtain a report from a qualified, Department of Housing and Community Development 25 2019 PLHA Final Guidelines licensed third party that certifies to the amounts of disbursement and identifies the specific Activities for which the disbursements were made. Such a report is permitted to be a component of the A-133 audit.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Section 502. Cancellation and Termination
(a) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the Department shall issue a notice to stop work. Immediately upon receiving the written notice to stop work, the grantee shall cease all work under the Standard Agreement.

The Department has the sole discretion to determine the grantee’s compliance with the terms and conditions after issuance of a stop work order, and to deliver a written notice to the grantee to resume work under this Standard Agreement. (b) The Department shall terminate the Standard Agreement if the grantee is not in compliance with the Guidelines or the terms and conditions of the Standard Agreement. At least 30 days prior to the effective date of the termination of the Standard Agreement, the Department shall provide written notice to the grantee of its intent to cancel the funding allocation. The notice shall specify the reason for early termination and may permit the grantee or the Department to cure any deficiency(ies) prior to the early termination date. The grantee will submit requested documents to the Department within 30 days of the early termination notice. (c) Failure to meet reporting requirements will result in notice to the grantee that it must satisfactorily cure any deficiencies within three months of the notice or it will forfeit the following year’s PLHA formula allocation and be ineligible for a competitive award. The Local government will forfeit subsequent PLHA formula allocations and be ineligible for a competitive award until the Department determines that the Local government has met reporting requirements.
(d) The Department may, as it deems appropriate or necessary, request the repayment of funds from a Local government or offset future years’ funds, or pursue any other remedies available to it by law for failure to comply with the Guidelines and/or the terms and conditions of the Standard Agreement.
(e) Co-Applicants may be adversely impacted by a notice to stop work and/or termination if one grantee is deemed by the Department to not meet the terms and conditions of the Standard Agreement, or fails to meet the reporting requirements outlined in Section 503.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Department of Housing and Community Development 26 2019 PLHA Final Guidelines Section 503. Reporting
(a) The Department shall provide grantees with reporting formats and instructions. (b) Annual Reports are required from all grantees pursuant to HSC Section 50470(b)(2)(B)(ii)(III) each year by July 31 for the term of the Standard Agreement.

The Annual Report shall document the uses and expenditures of all awarded allocations and outcomes achieved. This report must be signed by both the Local government’s PLHA administrator and the Local government’s City Manager (or his/her designee), or Chief Executive Officer (or his/her designee) or Chief Financial Officer (or his/her designee). The Annual Report must describe any proposed amendment(s) to the approved Activity and schedule.
(c) Upon expenditure of all allocated funds and completion of the Activities funded by PLHA, the grantee shall submit a close-out report, which will be part of the Annual Report.
(d) The Department may request additional information as needed to meet other applicable reporting or audit requirements.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(ii)(IV).

Friday, March 17, 2023
2023-24 Super-NOFA Application for Affordable Housing
Funds
Marin County Housing & Federal Grants Division
This application is for affordable housing developers in Marin County, California who would like to apply for multiple state, local, and federal funding sources simultaneously. Please refer to the Notice of Funding Availability (NOFA) released on February 6, 2023 for detailed information about qualifications and application requirements.

The following grant sources and amounts are available through this application:

1. Marin County Affordable Housing Fund (HTF) and State Permanent Local Housing Allocation (PLHA) - $2.3 million

2. Federal HOME-ARP - $2.4 million

3. Federal CDBG Housing - $600 thousand
Applicant Information
Organization Name
Eden Housing
Website URL
https://edenhousing.org/
DUNS #
058211947
Mailing Address
22645 Grand Street
Hayward, California, 94541
Project Contact Name
Kate Blessing-Kawamura
Title
Associate Director of Real Estate Development
Email Address
[email protected]
Phone Number
(510) 329-5102
Executive Director Name
Linda Mandolini
Executive Director Email Address
[email protected]
1 Is there a co-applicant organization?
No
Briefly describe your organization, including mission, programs, staff experience, and number of clients served. Describe the co-applicant organization, if applicable.

Eden Housing is one of the oldest and most experienced affordable housing non-profit organizations in California. Our mission is to create and sustain high-quality affordable housing communities that advance equity and opportunity for all. Since our inception in 1968, Eden has worked in partnership with cities and local community partners to develop, acquire, or rehabilitate more than 12,000 affordable homes in 170 properties throughout California, and currently provides homes to a diverse population of more than 22,000 lower-income residents.

Eden works in 15 counties, including the County of Marin, where we own and operate The Fireside and Warner Creek. As a mission-driven non-profit, we serve low-income families, seniors, and people living with disabilities. Eden’s work goes beyond building high quality buildings, as we strive to create strong communities for the residents who live in our housing and a permanently affordable, high-quality asset for the cities we partner with. Our vision is for everyone to have access to safe, decent, affordable housing. We believe that housing is a basic human necessity that is essential to everyday life and future success. We serve very low, low and moderate-income families, seniors, veterans, people living with physical, mental, or developmental disabilities, and the formerly homeless.

Under the Eden Housing umbrella, Eden Housing Management, Inc. (EHMI) provides quality onsite management and maintenance of our affordable homes, and Eden Housing Resident Services, Inc. (EHRSI) offers free onsite support services and programs for residents. In 2022, Eden Housing brought on John Stewart Company (JSCo) as the property management agent for several of its upcoming permanent supportive housing projects, including 3301 Kerner, to accommodate a growing pipeline.

Have there been any recent or upcoming leadership transitions? Chief Operating Officer, Oyeshola (“Shola”) Olatoye joined Eden in October of 2022. Shola previously served as director of Housing and Community Development for the City of Oakland. Under her leadership, Oakland’s City Council approved HCD’s two-year Strategic Action Plan, which focused the department’s resources on protecting, preserving and producing affordable housing. During her tenure, the City of Oakland won six state Homekey awards resulting in more than400 new permanent deeply affordable units. Shola also launched the city’s federal $48M Emergency Rental Assistance program and served more than 3,000 Oaklanders who needed immediate rent relief. She also secured the department’s research relationship with Stanford University’s Impact Lab, resulting in new $50K impact grant to develop new technology for residents to access affordable rental housing.

A nationally recognized housing leader, Shola has also held executive and senior-level posts at Suffolk Construction, Enterprise Community Partners, HSBC Bank, and HR&A Advisors. In 2014, Mayor Bill de Blasio appointed her as Chair and CEO of the New York City Housing Authority, a role she held for four years. She conducts frequent speaking engagements, including as a panelist at Harvard’s T.H. Chan School of Public Health, and was selected as one of four national Fellows for the UC Berkeley Terner Center for Housing Innovation in June 2021.

Shola is responsible for oversight of Property Operations (property management and resident services), Human Resources and Talent Development, and Business Technology.

Have there been any recent expansions or cutbacks in activities and/or budget? If so, please explain.

Eden Housing published a new Strategic Plan in 2020 that aims at the creation of 10,000 new homes in the next ten years. The four pillars of this strategic plan are: (1) Significantly increase housing for lowincome Californians; (2) Support the stability and economic mobility of residents; (3) Embed commitment to racial, social and economic justice in all of our work; and (4) Invest in key 2 infrastructure to increase organizational agility and readiness for scale. As a part of its growth goals Eden plans to expand from a robust Northern California pipeline to a statewide development platform with the capacity to create more homes in high need communities.

If applicable, what is the organization’s standing with licensing or other accreditation authorities?
Eden and its related organizations are in compliance with any applicable licensing requirements.

How does your organization verify client income?
In general, Eden Housing uses the following procedure for determining resident eligibility and for certifying household income: (1) Each prospective resident shall complete an application form and return it to the Property Manager with signed permission for third party verification of income; (2) When an applicant's name nears the top of the waiting list, pertinent information will be confirmed as current and third-party verification letters are sent; (3) The manager shall conduct a personal interview with all members of the prospective household; (4) Third party verification forms will be used to compute income eligibility and a determination will be made concerning applicant household's ability to live harmoniously within the Project community; and (5) Previous landlord verification, credit checks, criminal checks and sex offender checks will be performed. Written notice will be sent advising applicants of their final eligibility status. These procedures may be revised for any units subject to Housing First policies.

General Project Information
Project Name
3301 Kerner
Project Address
3301 Kerner Blvd
San Rafael, California, 94901
Assessor’s Parcel Number (APN)
008-082-52
Funding Requests
Which funding source(s) are you seeking for this project? Please refer to the NOFA for a description of each funding source and eligible project types. Those applying for HOME-ARP funds are highly encouraged to apply for HTF/PLHA funds as well.

HTF/PLHA
HTF/PLHA Amount Requested
$1,000,000
Project Details
Scope of Work: Describe the proposed project, including details such as property characteristics, proposed use of funds, and number of housing units involved. Explain how the project will benefit the community.

The site is located at 3301 Kerner Boulevard in San Rafael. This project is an adaptive reuse development of a four-story office building to provide 41 units of permanent supportive housing (32 studio units, 8 one-bedroom units, and 1 two-bedroom unit). Located in the Canal neighborhood of San Rafael, this project will provide critically-needed permanent supportive housing and supportive services 3 for homeless or formerly homeless households with mental illness.

The development will be 100% permanent supportive housing with 14 units for households with severe mental illness at or below 20% AMI through the No Place Like Home Program (NPLH) and 26 units for households at or below 30% AMI who will move from permanent supportive housing at Voyager Carmel Center to 3301 Kerner once construction is complete. One unrestricted two-bedroom unit is set aside for an on-site property manager. Building amenities include: a courtyard, community room, conference room, and offices for case managers and a property manager. The residential floors include a laundry facility on the second floor and trash chutes on every floor.

As of the date of this funding application, the project team is preparing to close on its construction financing and start construction in the next couple of weeks. In the last week, the project team learned that the building structure as currently designed is in a floodplain and that the finished floor of the firstfloor residential units will need to be raised. Our request for $1,000,000 in additional County funding will directly offset these unanticipated costs.

Describe the property’s history leading up to this request. Include when the organization acquired/will acquire the property, any previous requests for County funding, attempts to secure other financing, etc.

The County of Marin received a Project Homekey award from the State of California to purchase an office building located on a 1-acre site at 3301 Kerner Boulevard in San Rafael. Project Homekey is a State program using Federal CARES Act funding to purchase existing properties – intended in large part to target hotels, but also allows for creative re-use of other property types, including office buildings as proposed for Kerner. The County closed escrow on the building in December 2020 and engaged Homeward Bound to run a temporary homeless shelter at the site until fall 2022. Kerner Canal, L.P., a single purpose entity controlled by Eden Housing, Inc., entered into a Purchase and Sale Agreement with the County in January 2023.

The project team has secured multiple sources of other financing. These include: $25.8M in California Housing Accelerator (CHA) funding instead of tax credits; $4.9M in capital and a $2.7M Capitalized Operating Subsidy Reserve through the No Place Like Home (NPLH) Program; an $899,250 County loan funded by Permanent Local Housing Allocation (PLHA), Local Housing Trust Fund (LHTF), and corresponding matching funds from the Affordable Housing Fund; an $850,000 City of San Rafael loan; a $1.235M sponsor loan leveraging multiple grants (including a $200,000 predevelopment grant from the County); accrued deferred interest from soft loans; and a $19.6M 20-year operating subsidy from the County. The project is currently ineligible for project-based rental subsidy due to its location in a HUDimpacted census tract, which is why the County’s ongoing support is essential to the project’s viability.

The project team is preparing to close on its construction financing, acquire the property from the County, and start construction in the next couple of weeks. In the last week, the project team learned that the building structure as currently designed is in a floodplain and that the finished floor of the firstfloor residential units will need to be raised to comply with local floodplain requirements for residential structures. Our request for $1,000,000 in additional County funding will directly offset these unanticipated costs. The project team still intends to close and start construction in the next couple of weeks and incorporate much-needed additional funding into the project’s capital stack post-closing.

Describe any nearby amenities, such as parks, public transportation, grocery stores, health care facilities, schools, childcare, libraries, parks/open space, etc. that residents of the project are/would be able to use.

The building is in an ideal location within walking distance to public transportation, grocery stores, retail services, and recreation. The site has close connections to the Marin Transit bus transportation, and is within 0.5 miles of Cardenas Market, Pickleweed Park, and the Marin Health and Wellness Campus / Behavioral Health Clinic. The site’s proximity to the Marin Health and Wellness Campus / Behavioral Health Clinic will allow residents housed under the NPLH program close access to supportive services.

The Marin Transit bus stop is a short 14 min ride to the San Rafael Transit Center which provides train and bus access to several destinations within Marin and Sonoma County as well as the larger Bay 4 Area. The station is a major transfer point for Sonoma‐Marin Area Rail Transit (SMART) and bus routes in the North Bay, with connections to San Francisco, the East Bay, as well as airports. In addition to SMART, the station is also served by several regional and intercity bus operators which include Golden Gate Transit, Greyhound, Marin Transit, Sonoma County Transit, and Sonoma County Airport Express.

Select the known environmental issues of the proposed project site, and/or adjacent properties if relevant.

Flood zone
Notes or clarifying information on environmental issues:

As noted above, it has come to light very recently that the building is in a floodplain and that the firstfloor residential units will need to be raised to comply with local floodplain requirements for residential structures. Our request for $1,000,000 in additional County funding will directly offset these unanticipated costs.

Have you begun any state or federal environmental review procedures for the proposed project?
No
What is the anticipated timeline for the environmental review(s)? Pursuant to Health and Safety Code section 50675.1.1, projects acquired through Project Homekey are exempt from CEQA. The project does not have any federal funding and therefore is not required to complete NEPA.

Who is the staff member that will supervise and manage the proposed project?Describe their past experience with project management.

Cory Hiraga, Project Developer, is leading the project management of this project and oversees the day‐ to‐day responsibilities across all stages including entitlements, design, financing, and construction.

Cory has experience providing project management, planning, and construction management for affordable housing new construction and acquisition/rehab projects. In addition to 3301 Kerner, he currently manages a 176-unit family project in Hayward, CA that has closed on its construction financing and is about to break ground.

Kate Blessing-Kawamura, Associate Director of Real Estate Development, is supervising this project and has managed new construction and preservation projects at various stages of development. Since joining Eden, she financed and begun construction of a 62-unit family project in San Leandro, CA; planned the substantial rehabilitation of a 200-unit, 10-acre project in Santa Rosa, CA; led a robust community engagement process and obtained entitlements for a 50-unit mixed use development in Palo Alto; and obtained entitlements and closed on the construction financing for a 176-unit family project in Hayward, CA.

Susie Criscimagna, Senior Director of Real Estate Development, is also supervising this project and is experienced with managing affordable housing projects in all stages of development. She supervises project management staff, providing training and guidance on affordable housing development. She has worked on the development of several other affordable housing projects with Eden Housing as a project manager or supervising staff, including a 66‐unit development in Dublin, 130‐unit development in Alameda, and 62‐unit project in San Leandro.
5 Will the project involve hiring an external property management company? Yes
Describe the property management company. Include the company name and the number of affordable housing sites and units that it currently manages.

Property management will be provided by The John Stewart Company. In 2022, Eden Housing brought on John Stewart Company (JSCo) as the property management agent for several of its upcoming permanent supportive housing projects to accommodate a growing pipeline. Founded in 1978 to provide high quality property management to affordable housing in the Bay Area, JSCo has developed into a full-service housing management, development, and consulting organization and is the largest affordable housing manager in California. JSCo has extensive permanent supportive housing management experience. The John Stewart Company currently manages 100+ PSH properties across the state of California within their portfolio of 450+ properties containing over 34,000 residential units.

If awarded funding, you will need to draft and submit an Affirmative Marketing Plan for this project. The plan would describe how you will market the project to different groups of people based on protected characteristics such as race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, and disability. Please refer to the Affirmative Marketing tab of the Federal Grants website for more information.

Describe any prior experience with affirmative marketing or similar initiatives.

The marketing and management of the project will ensure that occupancy shall be open to all persons regardless of race, color, ancestry, religion, national origin, sex, marital status, age, physical handicap, or other arbitrary factors. Affirmative marketing will be used to actively promote the goals of fair housing. The units will be marketed in a variety of local publications, online, and through major employers, local libraries, community centers, service organizations and schools. The marketing plan will include specific strategies for targeted outreach to minority populations and difficult to reach groups. Referrals will be accepted from Marin Coordinated Entry System and Marin Health and Human Services. All advertisements will include the prominent use of Equal Housing Opportunity logos, slogans and/or statements of intent to affirmatively market the units.

Annually, The John Stewart Company will analyze the race, ethnicity, and other categories of current tenants and the applicants on the waiting list to measure the success of our marketing efforts before starting its marketing. Thereafter, The John Stewart Company will annually review the affirmative marketing for 3301 Kerner to ensure that its marketing efforts are targeting the persons least likely to apply to ensure a balance of the applicants on the waiting list and the residents. The Compliance Manager will review the demographic data for the housing area to determine if the housing area must be extended to ensure that The John Stewart Company is conducting outreach to under-represented populations before doing any future marketing.

All projects funded by HUD programs must Affirmatively Further Fair Housing. This is defined as combating housing discrimination and taking meaningful actions to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to housing opportunities based on protected characteristics: race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, and disability.

Describe any past community engagement activities for this project, and future plans for community engagement.

In July 2021 a mural was unveiled by the Canal Arts Initiative on the 3301 Kerner building as a welcome sign to the Canal neighborhood of San Rafael. Eden intends to preserve the mural and engage with the Canal Art Initiative on the possibility of commissioning another mural on the building. It is our hope that the Kerner building not only provides permanent supportive housing but also supports the community in which the building is located.

Eden also intends to hold multiple community meetings with neighbors, community organizations, and 6 the business community during construction, lease-up, and operation of the property. We have already engaged with community organizations such as Resilient Shore and the Canal Alliance. Eden is invested in this project and in the Canal neighborhood of San Rafael and its many stakeholders.

Demographics and Unit Information
In the table below, enter the existing or anticipated number of units based on income level and bedroom count. Refer to the Current Marin County Income Limits to determine income level.

Anticipated Unit Count by Bedrooms and Income Level
Extremely
Low
Very Low Low Moderate Market Rate
TOTAL
UNITS
Studio 32 32
1 bed 8 8
2 bed 1 1
3 bed 0
4 bed 0
Other 0
TOTAL UNITS 40 0 0 0 1 41
Notes or clarifying information on the unit count:

Per near-final draft PLHA/AHF loan docs as of the date of this application, the County intends to restrict 40 units at Extremely Low Income. The two-bedroom manager's unit will be unrestricted.

In the table below, enter the demographics of the people who live (or will live) in the proposed housing project. If unknown, use the demographics of households within similar existing Marin complexes as the proposed project, within the organization’s purview. Specify the number of Hispanic/Latino residents in its stand-alone column. The “Total” column must include the number of Hispanic/Latino residents as part of the sum.

Are these numbers specific to the proposed project, or to a similar existing Marin complex? Similar existing Marin complex
Demographic Information
Total Number of Persons
Persons Identifying as
Hispanic/Latino
White 77
Black/African American 8
Asian 15
American Indian/Alaskan Native
Native Hawaiian/Other Pacific
Islander
7 Total Number of Persons
Persons Identifying as
Hispanic/Latino
American Indian/Alaskan Native &
White
Asian & White
Black/African American & White
American Indian/Alaskan Native &
Black.African American
Other Multi-Racial
Other/Not Disclosed 8 8
TOTAL (Unduplicated) 108 8
Fill in a number for each of the fields below. For new construction, or if you are unsure, please put 0.

Families
17 Female-headed households
61 Households that include person(s) with a disability
13 Notes or clarifying information on demographics:

This is aggregated demographic data from two Eden properties in Marin County from 2022.

The Race/Ethnicity fields above do not directly align with the data fields from our records. See below.

Race/Ethnicity
White 77
Latinx 8
Black 8
API 15
Total 108
Project Planning
Select the current phase of the proposed project.

Building
Describe the project timeline and specify a real or estimated completion date for each milestone below. Add/explain any additional milestones as needed.

For acquisition projects:

Appraisal
Monday, April 4, 2022
8 Written Offer
Monday, January 1, 1900
Purchase Option Agreement Signed
Tuesday, January 10, 2023
Inspections
Monday, January 1, 1900
Negotiations
Monday, January 1, 1900
Closing
Thursday, March 30, 2023
Explain any additional milestones for Acquisition Projects below:

The project team is preparing to close on its construction financing, acquire the property from the County, and start construction in the next couple of weeks.

For fields that are not applicable to the project, I used this date: January 1, 1990.

For new construction and/or rehabilitation projects:

Define scope of work/finish design
Friday, December 9, 2022
Complete planning and environmental review
Monday, January 1, 1900
Release bid package
Sunday, January 15, 2023
Select contractor
Tuesday, February 1, 2022
Finalize contract
Friday, March 24, 2023
Obtain building permits
Monday, April 3, 2023
Start construction
Monday, April 3, 2023
Complete construction
Sunday, September 1, 2024
Explain any additional milestones for New and/or Rehabilitation Projects below:

The project team is preparing to close on its construction financing, acquire the property from the County, and start construction in the next couple of weeks. The building permit will be issued immediately after closing.

For fields that are not applicable to the project, I used this date: January 1, 1990. 9 Will you be seeking Project Based Section 8 Vouchers for this project? No
Please be aware that if Project Based Section 8 Vouchers (PBV) are committed to the project, the environmental review process and subsidy layering must be completed before the acquisition is complete or construction commences. Actions taken prior to PBV being committed are not subject to this requirement.

Describe the type of site control that your organization has for the proposed property. If this request includes funds for acquisition, summarize the acquisition terms, price, contingencies, and conditions.

Kerner Canal, L.P., a single purpose entity controlled by Eden Housing, Inc., entered into a Purchase and Sale Agreement with the County in January 2023. The project anticipates closing on its construction financing and acquiring the property from the County in the coming weeks.

Expanding on the Scope of Work, please describe the rehabilitation that is proposed for the property and how it will address specific conditions (i.e., replacement needs, deferred maintenance, existing building violations, required seismic upgrades, building or health code problems). Please describe any other existing rehabilitation needs that are not included in the project scope and explain their exclusion.

The redesign includes utility upgrades and site improvements including accessible parking and paths of travel and localized grading and drainage as deemed necessary. The patio courtyard will be redeveloped and a portion of the landscape will be replaced or new planting designed and coordinated with existing irrigation. A portion of the top level of the parking garage will be designed as an outdoor open space and gardening area.

The redesign will also include structural upgrades to the building and new construction to the extent required by the City of San Rafael. The mechanical, electrical, and plumbing (MEP) systems will be redesigned for the new residential building program to residential type V- 1hr codes and sprinkler and Emergency Systems Specifications. The MEP system required upgrades will be integrated into the existing building systems.

Describe the accessibility of the building. Do you plan to make accessibility improvements? The Project will comply with the Tier 2 California Housing Accelerator Program Guidelines, most recently amended August 31, 2022. Under these Housing Accelerator Guidelines, adaptive reuse projects are considered rehabilitation projects. As noted above, site improvements include improvements to accessible parking and paths of travel.

How will the rehabilitation be staged to minimize risk and inconvenience to the residents? If certain systems or parts of residents’ units will be temporarily inoperable or unusable (e.g., kitchen or bathroom) during construction, what is the estimated duration of such interruptions? What mitigations will you provide?
Not applicable. There are no current residents of the building.

Describe in detail any temporary relocation of existing tenants at the site due to proposed rehab activities. Explain why relocation is needed and provide the estimated duration and number of impacted tenants. If known, identify which laws (local, state, federal) must be followed in carrying out the relocation.
10 Not applicable. There are no existing tenants.

Financing Plan
What is the status of all proposed project funding sources as of the date of this application? California Housing Accelerator (CHA) - $25,824,201 - Committed NPLH - $4,981,492 - Committed
Marin County (PLHA + LHTF+ AHF) - Existing - $899,250 - Committed City of San Rafael (AHTF) - $850,000 - Committed
Sponsor Loan (HPN + MCF + County) - $1,235,000 - Committed Accrued Interest on Committed Soft Loans - $78,325 - Committed Marin County (PLHA + AHF) - Requested - $1,000,000 - Applied For Accrued Interested on Marin County (PLHA + AHF) - Requested - $37,918 - Applied For What is the timing and likelihood for obtaining commitments of anticipated funding sources? All of the sources above have been committed to the project, with the exception of the $1,000,000 in additional County funding requested and associated accrued interest.

In the event that any funding sources are not obtained or are committed at lower levels than requested, what alternatives will be pursued?
The project is considering approaching other funders, such as the Marin Community Foundation, for additional funding.

For each item in your project budget, to be attached to this application, please explain how the budgeted amount was derived, whether costs are estimated or bid, and any other relevant information that justifies the budgeted expense (e.g., cost per square foot, percentage of other costs, estimated number of work hours).

Acquisition Costs: Based off of actual anticipated closing costs for our upcoming closing.

Hard Costs: Based off of hard bids from our contractor and subcontractors.

Soft Costs: Based off of actual predevelopment costs already incurred, invoices for impact and permit fees, and anticipated costs for our upcoming closing.

Costs of issuance/financing fees: Based off of actual and estimated fees for our upcoming closing.

Is your organization receiving any other Marin County funding for this project? Yes
Please describe. Include a brief overview of the goals and accomplishments achieved through this funding.

The project has $899,250 in PLHA, LHTF, and AHF soft loan debt from the County of Marin committed.

In addition, the County of Marin provided a $200,000 predevelopment grant to Eden Housing for this project, which is being structured as a larger sponsor loan for the project. These committed funds have reduced the accrued predevelopment interest expense for the project and provided indispensable soft financing to get us to construction closing.

Does your organization have unspent funds that were previously awarded by the County (for any project)?
Yes
What is your timeline for expending the fund balance?
11 The funds outlined above will be expended at our construction closing in the coming weeks.

Attachments
Please closely review the Notice of Funding Availability (NOFA) for instructions on which documents you must attach. The County requires specific attachments for each funding type (HTF/PLHA, HOME-ARP, CDBG Housing). Please label your attachments in this manner: “2023- 24 [Document Name] for [Organization Name]- [Project Name].” PDF 2023-2024 Board for Eden - 3… .pdf PDF 2023-2024 Budget for Eden - … .pdf PDF 2023-2024 Const S&U for Ede….pdf PDF 2023-2024 FS (19-20) for Ede….pdf PDF 2023-2024 FS (20-21) for Ede….pdf PDF 2023-2024 IRS Exempt for Ed….pdf PDF 2023-2024 Op Budget and Ca….pdf PDF 2023-2024 Perm S&U for Ede… .pdf XLS
X 2023-2024 Project Schedule … .xlsx PDF 2023-2024 Site Control for Ed….pdf Certification
Please review your responses above for accuracy.

Name of Person Completing this Application
Kate Blessing-Kawamura
Title of Person Completing this Application
Associate Director of Real Estate Development
By checking this box,
I hereby certify that the information in this application is true and accurate to the best of my knowledge.
12 INCUMBENCY CERTIFICATE
Eden Housing, Inc.

The persons named below are the members of the Board of Directors of the corporation named above and/or are the Officers duly elected or appointed to the offices set forth opposite their names.

NAME OFFICE CURRENT TWO-YEAR TERM (OFFICERS)

CURRENT TERM (DIRECTORS)
Jim Kennedy Chair
Director
January 2022- January 2024*
January 2021 - January 2025*
Rudy Johnson Vice Chair
Director
January 2022 - January 2024*
January 2022 - January 2026*
Amy Neches Treasurer
Director
January 2022 – January 2024*
January 2020 – January 2024*
Cheryl O’Connor Secretary
Director
January 2022 – January 2024*
January 2023 – January 2026
Calvin Whitaker Assistant Secretary
Director
January 2023 – January 2024
January 2020 - January 2024*
Annette Billingsley Director January 2020 - January 2024* Nicholas Randall Director January 2020 – January 2024 * John Gaffney Director January 2020 - January 2024*
Doug Kuerschner Director January 2022 - January 2024*
Grace Li Director January 2023 - January 2026
Joe Postigo Director January 2022 - January 2024*
Sean Callum Director January 2023 – January 2026
Sheila Burks Director January 2020 – January 2024*
Candice Gonzalez Director January 2022 – January 2026*
David Garcia Director January 2022 – January 2026*
Ali Solis Director January 2023 – January 2026
Kara Douglas Director January 2023– January 2026
Linda Mandolini, President (non-voting), serves at the will of the Board and is authorized to sign on behalf of the Corporation.
*The bylaws were amended in 2022 to include a new term limit structure, shifting from three 4- year terms to four 3-year terms for directors, and one 3-year term for officers. Director terms marked with an asterisk were legacy terms from the prior structure and will be transitioned to the new structure upon current term expiration.

As of January 27, 2023
Eden Housing
Base Scenario
Units Managed / Added Units Added Units Added
9,365 9,560 9,682
EDEN HOUSING 195 122 161
2023 CORPORATE BUDGET
CASH BASIS 2023 Budget 2024 Projections 2025 Projections Developer Fee                17,679,187                12,594,361                15,077,873 Service Program Fees                  6,410,048                  6,602,349                  6,800,420 Property Management & Services Fee                12,120,196                12,547,033                13,030,491 Asset Management Fees                  1,943,719                  1,999,564                  1,999,564 Affiliate Loans‐Notes Receivables                  4,840,759                  4,616,969                  4,473,934 Distributable Cash From Properties                  2,443,739                  4,659,247                  4,659,247 Portfolio Distributions                  9,228,217                11,275,780                11,132,745 Grants & Contributions                  1,466,490                  1,226,490                  1,226,490 Dividend & Interest Income 934,538 934,000 934,000
Investment Gains (Losses) (915,000) ‐ ‐
Other Income                  1,486,028                  2,160,490                  2,160,490 Total Cash Revenue $            46,923,676 $            45,180,013 $            48,202,019 Payroll Expense                29,180,078                30,960,860                32,783,544 68% 68% 69%
Operating Expenses 7,172,373                                    7,453,256                  7,685,853 Service Program Expenses                  6,466,342                  6,602,349                  6,800,420 Service Program Expenses
Office Improvements 9,500 9,975 10,474
Debt Service 137,912 164,831 130,625
MGP Expenses 208,003 208,003 208,003
Other Expenses 355,414 382,808 349,101
Total Cash Expenses                43,174,208                45,399,273                47,618,918 Net Cash Income, Recurring $               3,749,468 $                (219,260) $                  583,101

SOURCES OF FUNDS - PERMANENT
AMOUNT
TOTAL

INTEREST
COST
OID

INTEREST
RATE
AMORT
(Yr) COMMENTS
Total Permanent Debt: -
NPLH 4,981,492 3.000% 1.903% 55.0 Per Unit: 121,500
City of San Rafael HTF Loan 850,000 3.000% 1.788% 55.0 Per Unit: 20,732 Accrued Deferred Interest - City of San R 22,309
Sponsor Loan (HPN/MCF/County) 1,235,000 3.000% 1.788% 55.0 Per Unit: 30,122 Accrued Deferred Interest - Sponsor Loan 32,414
Marin County Loan (PLHA/AHF/LHTF) 899,250 3.000% 1.788% 55.0 Per Unit: 21,933 Accrued Deferred Interest - Marin County 23,602
Addl Marin Co Funds (requested) 1,000,000 3.000% 1.788% 55.0 Per Unit: 24,390 Accrued Deferred Interest - Addl Marin Co 37,918
HCD - CA Housing Accelerator Pgm Loan 25,824,201 0.000% 0.000% 20.0 Per Unit: 629,859 TOTAL SOURCES 34,906,185
Surplus/(Shortfall) (0)
Investor:

PERMANENT LOAN INTEREST RATE TRANCHE ATRANCHE B INVESTOR EQUITY STACK OTHER ASSUMPTIONS Base Rate 3.800% 4.830%
Cushion 1.000% 0.000% LIHTC Equity (Federal+Sta 0 Current AFR: 2.14% MIP 0.000% 0.000% Historic Tax Credit 0 AFR Month: 3/1/22 GNMA/Servicing 0.000% 0.000% Investment Tax Credit (Sol 0 AFR Cushion: 0.75% Issuer 0.050% 0.050% 4,000 Issuer min/y Subtotal LP Equity 0 Total U/W AFR: 2.89% Trustee 0.000% 0.000% 0 per annum
Rating 0.000% 0.000% 0 per annum CA Certificated Credit Sale 0 Remarketing 0.000% 0.000% 0 per annum Total Investor Equity 0 Rebate Analyst 0.000% 0.000% 0 per annum
Total 4.850% 4.880%

SOURCES OF FUNDS - CONSTRUCTION
AMOUNT

INTEREST
RATE
TERM
(Mos.) COMMENTS
## Conventional Construction Loan 28,832,404 8.226% 25
City of San Rafael HTF Loan 850,000 3.000% 25
Accrued Deferred Interest - City of San R 22,309
Sponsor Loan (HPN/MCF/County) 1,235,000 3.000% 25
Accrued Deferred Interest - Sponsor Loan 32,414
Marin County Loan (PLHA/AHF/LHTF) 899,250 3.000% 25
Accrued Deferred Interest - Marin County 23,602
Addl Marin Co Funds (requested) 1,000,000 3.000% 25
Accrued Deferred Interest - Addl Marin Co 37,918
Donated Land 0
Costs Deferred Until Conversion 1,973,290 See page 2 - right column TOTAL SOURCES 34,906,185 Syndication Costs 89,670
Surplus/(Shortfall) 0 Net Equity for TCAC (89,670)
Sources Less Deferred To Conversion: 32,932,896 Less Costs Deferred to Conv. 34,906,185

CONSTRUCTION LOAN INTEREST RATE CONSTRUCTION LOAN VALUATION TAX-EXEMPT BOND DATA Index Type:
1 mo term
SOFR Restricted NOI 530,575 50% Test (see Page 7): 90.53% Current Index: 4.78% OAR 5.00% Issuer Inducement: TBD
Spread: 2.20% FMV per NOI 10,611,503 CDLAC Allocation: TBD Base Interest Rate (not including cushion 6.98% Agg. Credit Value @ 0.00 0 Percent of CDLAC Allocation 0.00% Cushion - Total 1.25% Perm-Only Soft Debt 30,805,693 Const-only portion: 28,832,404 Interest Rate (All-In) 8.23% Total Value 41,417,196
LTV: 80.00% CDLAC Per-Unit Limit 21,636,500
*Cushion includes 1% Bank Underwriting
Cushion and 0.25% cushion to close Max. Const. Loan Amount 33,133,757 CDLAC 55% Limit 17,516,742 Commitment Amount TBD
Uses of Funds
Res Cost: 100.00% COST ALLOCATIONS LIHTC ELIGIBLE BASIS OTHER BASIS & COST ALLOCATIONS Res Sq Foot: 100.00% Assuming 266 Election? Yes
Deferred to Historic
Depreciable Completion Land/Basis Rehab ITC Tax
Total Total Non- Non- Constr./ or for Tax Credit Credit Basis TOTAL Per Unit Residential Residential Depreciable Residential Non-Resid. Expensed Amortized Rehab Acquisition Perm Conv. 50% Test Basis (Solar PV)

ACQUISITION COSTS
Total Purchase Price - Real Estate:
0 Title/Recording/Escrow - Acquisition 30,000 732 30,000 0 30,000 0 0 0 0 30,000 Legal - Acquisition 20,000 488 20,000 0 20,000 0 0 0 0 20,000 Other Acquisition Costs/Transfer Tax 22,010 537 22,010 0 22,010 0 0 0 0 0 22,010

HARD COSTS
Total Construction Contract:
21,754,090

NEW CONSTRUCTION
Hard Costs-Unit Construction 18,766,975 457,731 18,766,975 0 18,766,975 0 0 18,766,975 0 18,766,975 18,766,975 GC - General Conditions 1,223,941 29,852 1,223,941 0 1,223,941 0 1,223,941 0 1,223,941 1,223,941 GC - Overhead & Profit 968,047 23,611 968,047 0 968,047 0 968,047 0 968,047 968,047 GC - Insurance 406,580 9,917 406,580 0 406,580 0 406,580 0 406,580 406,580 GC - Bond Premium 124,413 3,034 124,413 0 124,413 0 124,413 0 124,413 124,413 Contingency - Escalation (GC) 264,134 6,442 264,134 0 264,134 0 264,134 0 264,134 264,134 Contingency - Owner's Construction 2,175,409 53,059 2,175,409 0 2,175,409 0 2,175,409 0 2,175,409 2,175,409 REHAB

SOFT COSTS
Architecture - Design 931,481 22,719 931,481 0 931,481 0 931,481 0 931,481 931,481 0 Design/Engineering 74,000 1,805 74,000 0 74,000 0 74,000 0 74,000 74,000 0 Phase I/II/Toxics Report 44,000 1,073 44,000 0 44,000 0 44,000 0 44,000 44,000 Special Inspections/Testing 85,000 2,073 85,000 0 85,000 0 85,000 0 85,000 85,000 Prevailing Wage Monitor 72,000 1,756 72,000 0 72,000 0 72,000 0 72,000 72,000 0 Owner's Rep / Construction Supervision 126,000 3,073 126,000 0 126,000 0 126,000 0 126,000 126,000 0 Consultant: Asbestos Monitoring 4,000 98 4,000 0 4,000 0 4,000 0 4,000 4,000 Local Development Impact Fees 818,111 19,954 818,111 0 818,111 0 818,111 0 818,111 818,111 Local Permits/Fees 102,124 2,491 102,124 0 102,124 0 102,124 0 102,124 102,124 Real Estate Taxes During Const 16,174 394 16,174 0 16,174 0 0 16,174 0 0 16,174 16,174 Insurance During Const 800,000 19,512 800,000 0 800,000 0 0 800,000 0 0 800,000 800,000 0 Appraisal 5,500 134 5,500 0 5,500 0 0 5,500 0 5,500 5,500 Market/Rent Comp Study 11,000 268 11,000 0 11,000 0 0 0 0 Soft Cost - Soft Lenders Fees & Expenses 10,000 244 10,000 0 10,000 0 10,000 0 10,000 10,000 Soft Cost Contingency 361,881 8,826 361,881 0 361,881 0 361,881 0 361,881 361,881 Predev. Loan Interest/Fees 2,000 49 2,000 0 0 2,000 0 0 0 0 0 Construction Loan Interest 3,429,352 83,643 3,429,352 0 1,848,095 0 1,581,257 1,848,095 0 0 1,848,095 1,848,095 0 Accrued Interest - City of San Rafael HTF Loan 22,309 544 22,309 0 11,982 0 10,327 11,982 0 11,982 11,982 Accrued Interest - Sponsor Loan (HPN/MCF/Co 32,414 791 32,414 0 17,409 0 15,004 17,409 0 17,409 17,409 Accrued Interest - Marin County Loan (PLHA/A 23,602 576 23,602 0 12,676 0 10,925 12,676 0 12,676 12,676 Accrued Interest - Addl Marin Co Funds (reque 37,918 925 37,918 0 25,630 0 12,288 25,630 0 25,630 25,630 Lender Fees - HCD - CA Housing Accelerator P 40,000 976 40,000 0 40,000 0 0 0 Title/Recording/Escrow - Construction 59,996 1,463 59,996 0 59,996 0 59,996 0 0 59,996 59,996 Title/Recording/Escrow - Permanent 15,000 366 15,000 0 15,000 15,000 Legal (Owner): Construction Closing 50,000 1,220 50,000 0 50,000 0 50,000 0 0 50,000 50,000 Permanent Closing 20,000 488 20,000 0 20,000 0 20,000
Organization of Ptnshp 6,670 163 6,670 0 6,670 0
Syndication Consulting/Consulting 63,000 1,537 63,000 0 63,000 0 0 2,500 Audit/Cost Certification 20,000 488 20,000 0 20,000 0
Marketing 64,755 1,579 64,755 0 64,755 0
Furnishings Not in Contract 220,000 5,366 220,000 0 220,000 0 220,000 0 Capitalized Replacement Reserve 41,000 1,000 41,000 0 41,000 41,000 Capitalized Operating Reserve (6 mos.) 497,531 12,135 497,531 0 497,531 497,531 Capitalized NPLH COSR Transition Reserve 133,825 3,264 133,825 0 133,825 133,825 Marin Co Subsidy - HCD TR Fee 146,623 3,576 146,623 0 146,623 146,623 Developer Fee 2,200,000 53,659 2,200,000 0 2,200,000 0 2,200,000 0 1,100,000 2,200,000 2,200,000 -

COSTS OF ISSUANCE/FINANCING FEES
Construction Lender Origination Fee 187,411 4,571 187,411 0 100,997 0 86,414 100,997 0 100,997 100,997 Construction Lender Expenses 60,000 1,463 60,000 0 32,334 0 27,666 32,334 0 32,334 32,334 Construction Lender Counsel 70,000 1,707 70,000 0 37,723 0 32,277 37,723 0 37,723 37,723 Subtotal - Financing/Costs of Issuance 317,411 7,742 317,411 0 0 171,054 0 0 146,356 171,054 0 0 171,054 171,054 0 TOTAL DEVELOPMENT COSTS 34,906,185 851,370 34,906,185 0 953,990 31,996,613 0 1,716,557 239,026 31,996,613 0 1,973,290 31,848,623 31,776,613 0 TDC Per Unit 851,370 100.00%
TDC Net of accrued interest: 34,749,943
TDC TCAC 34,816,515 34,816,515
Kerner Street
017492
I RS Department the Treasury
IlIh,rllal Revenue Snvl<'t:

P.O. Box 2508
Cincinnati OH 45201

EDEN HOUSING INC
22645 GRAND ST
HAYWARD CA 94541-5031
Employer Identification Number:

In reply refer to: 0248323016
May 14, 2009 LTR 4168C EO
23-1716750 000000 00 000
23-1716750
00018272
BODC: TE
Person to Contact: Yvette Davis
Toll Free Telephone Number: 1-877-829-5500
Dear Taxpayer:

This is in response to your request of May 05, 2009, regarding your tax-exempt status.

Our records indicate that a determination letter was issued in August 1986, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code.

Our records also indicate yoU are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(I) and 170(b)(I)(A)(vi).

Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.

If you have any questions, please call us at the telephone number shown in the heading of this letter.

Sincerely yours,
Michele M. Sullivan, Oper. Mgr.

Accounts Management Operations I
017491
I RS Department ,,1' the
Internal Revellne Serl'h'e
P.O. Box 2508
Cincinnati OH 45201

EDEN HOUSING MANAGEMENT INC
22645 GRAND ST
HAYWARD CA 94541-5031
Employer Identification Number:

In reply refer to: 0248323016
May 14, 2009 LTR 4168C EO
94-2946400 000000 00 000
94-2946400
00018275
BODC: TE
Person to Contact: Yvette Davis
Toll Free Telephone Number: 1-877-829-5500
Dear Taxpayer:

This is in response to your request of May 05, 2009, regarding your tax-exempt status.

Our records indicate that a determination letter was issued in November 1986. that recognized you as exempt from Federal income tax. and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code.

Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section 509(a)(3).

Donors may deduct contributions to you as provided in section 170 of the Code. Bequests. legacies, devises. transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.

If you have any questions, please call us at the telephone number shown in the heading of this letter.

Sincerely yours,
Michele M. Sullivan, Oper. Mgr.

Accounts Management Operations I
~~ I RS Departmeut of the tdA"lII. Illterl1al Rev('l1u" Service 017490
P.O. Box 2508
Cincinnati OH 45201

EDEN HOUSING RESIDENT SERVICES INC
% LORI GANZ
22645 GRAND ST
HAYWARD CA 94541-5031
Employer Identification Number:

In reply refer to: 0248323016
May 14, 2009 LTR 4168C EO
94-3315887 000000 00 000
94-3315887
00018276
BODC: TE
Person to Contact: Yvette Davis
Toll Free Telephone Number: 1-877-829-5500
Dear Taxpayer:

This is in response to your request of May OS, 2009, regarding your tax-exempt status.

Our records indicate that a determination letter was issued in March 2000, that recognized you as exempt from Federal income tax, and discloses that yoU are currently exempt under section 501Cc)(3) of the Internal Revenue Code.

Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section 509(a)(3).

If you have any questions. please call us at the telephone number shown in the heading of this letter.

Sincerely yours,
Michele M. Sullivan. Oper. Mgr.

Accounts Management Operations I
Base Year Income & Expense
INCOME
Scheduled Gross Income - Residential 189,600
Total Gross Rental Subsidy Income - Marin County Carmel Units 156,000 Total Operating Subsidy Income - NPLH COSR 133,825
Vacancy Loss - Residential 10.0% (18,960)
Vacancy Loss - Marin County Carmel Units 10.0% (15,600) EFFECTIVE GROSS INCOME 444,865

EXPENSES - RESIDENTIAL
Administrative
Advertising 500
Legal 5,000
Accounting/Audit 15,491
Security 245,400
Other: Misc. Admin 25,540
Total Administrative 291,931
Management Fee 36,900
Utilities
Electricity 16,500
Water/Sewer 51,700
Total Utilities 68,200
Payroll/Payroll Taxes
On-Site Manager/Office Admin 126,220
Maintenance Payroll 53,500
Payroll Taxes/Benefits 61,441
Total Payroll/Payroll Taxes 241,161
Insurance 97,024
Maintenance
Painting 1,700
Repairs 17,100
Trash Removal 19,000
Exterminating 4,500
Grounds 9,000
Elevator 8,000
janitorial contract/supplies/uniforms 33,790
Total Maintenance 93,090
Other
Misc. Tax/License 2,850
Total Other 2,850
Resident Services
Tenant Services 121,484
Total Resident Services 121,484
Replacement Reserve 20,500
Real Estate Taxes 1,000
TOTAL EXPENSES - RESIDENTIAL 974,140
Per Unit Per Annum (incl. Reserves) 23,760
Per Unit Per Annum (w/o taxes/res/svc)) 20,272
TCAC Minimum (w/o taxes/res/svc) 5,500
TOTAL EXPENSES - COMMERCIAL 0
NET AVAILABLE INCOME (529,275)
Less: Mandatory Annual HCD Payment (Grossed Up for DSCR Factor) 1.00 (20,922) Operating Subsidy Income - Marin Co OpEx Subsidy 530,575 ADJUSTED NET AVAILABLE INCOME: TOTAL (19,622)
ADJUSTED NET AVAILABLE INCOME: NET OF OP SUBSIDY (824,422) Debt Service Coverage Ratio 1.00
AVAILABLE FOR DEBT SERVICE (NET OF OP SUBSIDY) (824,422) AVAILABLE FOR DEBT SERVICE (OP SUBSIDY OVERHANG) 804,800 NET AVAILABLE INCOME AFTER SENIOR DEBT SERVICE (19,622) Kerner Street
15-Year Cash Flow Version: Closing
Assumptions
Rent Increase: Residential Tenant Rents 2.00% Rent Increase - Section 8 2.00% Perm Loan - % Debt Svc Yr 0 0.0% Rent Increase: Commercial Rents 2.00% Rent Increase - Marin County 2.00% Perm Loan - % Debt Svc Yr 0.0% Expenses Increase: 3.00% Rent Increase - Test C 2.00% Perm Loan - % Debt Svc Yr 2 66.7% Reserve Increase: 0.00% Rent Increase - Test D 2.00% Perm Loan - % Debt Svc Yr 3 100.0% Perm Loan - % Debt Svc Yr 4 100.0%
Credit Period Year: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 Aggregrate Annual Rent Increase 318.95% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% GROSS POTENTIAL INCOME - RESIDENTIAL 0 45,473 190,509 194,320 198,206 202,170 206,214 210,338 214,545 218,835 223,212 227,676 232,230 236,875 241,612 246,444 251,373 256,401 261,529 266,759 272,094 277,536 283,087 288,749 294,524 300,414 306,423 312,551 318,802 325,178 331,682 Draw from NPLH COSR 0 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 133,825 0 0 0 0 0 0 0 0 0 0 Incremental Income: Marin County Carmel Unit 3,617,633 (thru Y20) 0 37,415 156,748 159,883 163,081 166,343 169,669 173,063 176,524 180,055 183,656 187,329 191,075 194,897 198,795 202,771 206,826 210,963 215,182 219,485 223,875 228,353 232,920 237,578 242,330 247,176 252,120 257,162 262,305 267,552 272,903 Vacancy Loss - Residential 10.0% 0 (4,547) (19,051) (19,432) (19,821) (20,217) (20,621) (21,034) (21,454) (21,884) (22,321) (22,768) (23,223) (23,687) (24,161) (24,644) (25,137) (25,640) (26,153) (26,676) (27,209) (27,754) (28,309) (28,875) (29,452) (30,041) (30,642) (31,255) (31,880) (32,518) (33,168) Vacancy Loss - Marin County Carmel Units 10.0% 0 (3,741) (15,675) (15,988) (16,308) (16,634) (16,967) (17,306) (17,652) (18,005) (18,366) (18,733) (19,108) (19,490) (19,879) (20,277) (20,683) (21,096) (21,518) (21,949) (22,388) (22,835) (23,292) (23,758) (24,233) (24,718) (25,212) (25,716) (26,231) (26,755) (27,290) GROSS EFFECTIVE INCOME 0 208,424 446,357 452,608 458,984 465,487 472,120 478,886 485,787 492,826 500,006 507,330 514,800 522,420 530,191 538,119 546,205 554,452 562,865 571,446 580,198 455,300 464,406 473,694 483,168 492,831 502,688 512,742 522,997 533,457 544,126 TOTAL EXPENSES 0 228,719 960,502 989,317 1,018,996 1,049,566 1,081,053 1,113,485 1,146,889 1,181,296 1,216,735 1,253,237 1,290,834 1,329,559 1,369,446 1,410,529 1,452,845 1,496,430 1,541,323 1,587,563 1,635,190 1,684,245 1,734,773 1,786,816 1,840,420 1,895,633 1,952,502 2,011,077 2,071,409 2,133,552 2,197,558 NET OPERATING INCOME 0 (20,294) (514,144) (536,709) (560,013) (584,079) (608,933) (634,599) (661,102) (688,469) (716,728) (745,907) (776,034) (807,139) (839,254) (872,410) (906,640) (941,978) (978,458) (1,016,117) (1,054,992) (1,228,945) (1,270,367) (1,313,122) (1,357,252) (1,402,801) (1,449,814) (1,498,335) (1,548,413) (1,600,095) (1,653,432) REPLACEMENT RESERVE 20,500 0 4,917 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 20,500 Mandatory Annual HCD Payment 0.42% 0 0 13,948 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 20,922 NET REMAINING INCOME 0 (25,211) (548,592) (578,131) (601,435) (625,502) (650,355) (676,021) (702,524) (729,892) (758,151) (787,329) (817,456) (848,562) (880,676) (913,832) (948,062) (983,400) (1,019,881) (1,057,539) (1,096,414) (1,270,367) (1,311,789) (1,354,544) (1,398,674) (1,444,224) (1,491,236) (1,539,757) (1,589,835) (1,641,517) (1,694,855) NET CASH FLOW 0 (25,211) (548,592) (578,131) (601,435) (625,502) (650,355) (676,021) (702,524) (729,892) (758,151) (787,329) (817,456) (848,562) (880,676) (913,832) (948,062) (983,400) (1,019,881) (1,057,539) (1,096,414) (1,270,367) (1,311,789) (1,354,544) (1,398,674) (1,444,224) (1,491,236) (1,539,757) (1,589,835) (1,641,517) (1,694,855) Draw From Marin Co OpEx Subsidy 15,932,111 0 25,211 548,592 578,131 601,435 625,502 650,355 676,021 702,524 729,892 758,151 787,329 817,456 848,562 880,676 913,832 948,062 983,400 1,019,881 1,057,539 1,096,414 683,146 0 0 0 0 0 0 0 0 0 Remaining Net Cash Flow 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (587,221) (1,311,789) (1,354,544) (1,398,674) (1,444,224) (1,491,236) (1,539,757) (1,589,835) (1,641,517) (1,694,855) TOTAL MARIN COUNTY SUBSIDY (rental income/OpEx) 19,549,745 62,626 705,341 738,014 764,516 791,844 820,025 849,084 879,048 909,946 941,806 974,658 1,008,531 1,043,458 1,079,471 1,116,603 1,154,888 1,194,363 1,235,062 1,277,025 1,320,289 683,146 GP AMF Annual Amt: 25,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Inflator: 3.00%
Residual Receipts Loans Total % 100.00%
NPLH 64.44% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City of San Rafael HTF Loan 11.00% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sponsor Loan (HPN/MCF/County) 0.00% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Marin County Loan (PLHA/AHF/LHTF) 11.63% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Addl Marin Co Funds (requested) 12.94% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 HCD - CA Housing Accelerator Pgm Loan 0.00% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Kerner Street

SOURCES OF FUNDS - PERMANENT
AMOUNT
TOTAL

INTEREST
COST
OID

SOURCES OF FUNDS - CONSTRUCTION
AMOUNT

HARD COSTS
Total Construction Contract:
21,754,090

COSTS OF ISSUANCE/FINANCING FEES
Construction Lender Origination Fee 187,411 4,571 187,411 0 100,997 0 86,414 100,997 0 100,997 100,997 Construction Lender Expenses 60,000 1,463 60,000 0 32,334 0 27,666 32,334 0 32,334 32,334 Construction Lender Counsel 70,000 1,707 70,000 0 37,723 0 32,277 37,723 0 37,723 37,723 Subtotal - Financing/Costs of Issuance 317,411 7,742 317,411 0 0 171,054 0 0 146,356 171,054 0 0 171,054 171,054 0 TOTAL DEVELOPMENT COSTS 34,906,185 851,370 34,906,185 0 953,990 31,996,613 0 1,716,557 239,026 31,996,613 0 1,973,290 31,848,623 31,776,613 0 TDC Per Unit 851,370 100.00%
TDC Net of accrued interest: 34,749,943
TDC TCAC 34,816,515 34,816,515
Kerner Street
3301 Kerner - 41 Units
Project Schedule
March-23 Marin County CDA Affordable Housing Funds - Application Deadline March-23 Estimated Construction Closing
April-23 Estimated Construction Start
September-24 Estimated Temporary Certificate of Occupancy January-25 Estimated 100% Occupancy
May-25 Estimated Permanent Conversion

Agenda Item 4.d i
City of San Rafael
In Recognition of
Wildfire Preparedness Month 2023
WHEREAS, the risk of wildfire in the City of San Rafael, Marin County, the State of California, and now in many areas of North America is a significant concern to community members, City, State, and Federal leaders and Fire Department personnel, and WHEREAS, the established purpose for and implementation of the City of San Rafael’s Wildfire Prevention and Protection Action Plan was developed at the direction of City Council, and
WHEREAS, the voters in Marin County have passed Measure C which established the joint powers authority known as the Marin Wildfire Prevention Authority, which directly supports the projects and programs involving community outreach and education; creation and maintenance of defensible space; assessment and improvement of evacuation routes and corridors; and provides for effective emergency warning and notification systems; and WHEREAS, the creation of defensible space with a “house out approach” can protect lives and prevent ignitions of structures and maintain critical housing for community members; and WHEREAS, the above and below mentioned actions combined with equipping, training, educating, and supporting fire service personnel enables a safe, effective, and responsible approach to suppression of fires in the wildland urban interface; and WHEREAS, drought conditions and wildfire safety prescribe the use of fire adapted ornamental plants, home hardening efforts, and vigilant attention to vegetation management to help homes and structures avoid the destruction caused by a wildfire event; and WHEREAS, an informed and active community is a proactive and prepared community; and given the climate, drought conditions, and other factors, hazard mitigation efforts are now required year round to ensure community safety and resiliency.

NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim the month of May 2023 as Wildfire Preparedness Month and in doing so, urge all residents and community members to take adaptive wildfire preparation steps to reduce our community’s risk profile and achieve safety related to wildfire.

Mayor
Agenda Item 4.d ii
Proclamation in Recognition of

PUBLIC SERVICE RECOGNITION WEEK
May 7-13, 2023
WHEREAS, Public Service Recognition Week has been celebrated the first week of May since 1985 (beginning on the first Sunday of the month) to honor the people who serve our nation every single day as federal, state, county, local and tribal government employees; and
WHEREAS, this week is a time to educate citizens about the work public servants do and the many ways government services make life better for the American people.

It is also a time to connect and educate citizens nationwide to the work of their government and to improve the perception and morale of government workers and other public servants; and
WHEREAS, Public Service Recognition Week is intended to foster pride among public servants and help inspire a new generation of public servants; and WHEREAS, the City of San Rafael supports and encourages employees to continue building new partnerships with other public agencies, associations, community organizations and private corporations in order to continue providing efficient and excellent service to our community; and
WHEREAS, the City honors our public employees for their dedication and service and acknowledges and appreciates the work they do to ensure the safety of our citizens, improve and preserve public assets, preserve and sustain our neighborhood and economic vitality, and support and strengthen the quality of life for our residents.

NOW THEREFORE, the Mayor and City Council of the City of San Rafael hereby proclaim May 7-13, 2023 as Public Service Recognition Week and encourages all citizens to recognize the accomplishments and contributions of government employees at all levels — federal, state, county and here in the City of San Rafael.

Mayor
Agenda Item 4.d iii
Proclamation in Recognition of

ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
May 1 — May 31, 2023
WHEREAS, Asian American and Pacific Islander Heritage Month recognizes, celebrates, and increases awareness of the rich history, contributions, and accomplishments of Asian Americans and Pacific Island Americans; and WHEREAS, the month of May was originally chosen to coincide with two milestones in Asian/Pacific American history: the arrival of the first Japanese immigrants (May 7, 1843) in the United States, and Chinese workers’ role in building the transcontinental railroad, completed May 10, 1869; and
WHEREAS, today, Asian Americans and Pacific Islanders are the fastest growing racial group in the United States. AAPI Heritage Month celebrates the unique journey of all AAPI immigrants and citizens in the United States and their unique life experiences, traditions and cultures; and
WHEREAS, the national theme for 2023 is “Advancing Leaders Through Opportunity” which is especially paramount now as the public sector has demonstrated its ability to successfully be agile and pivot workplace processes to achieve organizational goals throughout and after the pandemic; and WHEREAS, the City of San Rafael is committed to promoting equal opportunity, cultural diversity, equity, inclusion and belonging among our workforce.

NOW THEREFORE, the Mayor and City Council of the City of San Rafael hereby proclaim the month of May 2023 as Asian American and Pacific Islander Heritage Month, and do hereby reaffirm our shared values of compassion, equity, inclusion, and diversity; and our commitment to building a larger world in which everyone is valued, understood and has an equal opportunity to thrive.

Mayor
Agenda Item 4.d iv
Resolution of the
San Rafael City Council
in Recognition of
NATIONAL POLICE WEEK 2023
WHEREAS, The Congress and President of the United States have designated May 15, 2023 as Peace Officers' Memorial Day, and May 14th to 20th, 2023 as National Police week; and
WHEREAS, the members of the San Rafael Police Department play an essential role in safeguarding the rights and freedoms of all those residing in or visiting San Rafael; and
WHEREAS, it is important that all residents know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the San Rafael Police Department unceasingly provide a vital public service.

NOW THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael call upon all patriotic, civic and educational organizations to observe the week of May 14th to the 20th, 2023 as National Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all residents.

FURTHERMORE, we call upon all residents of San Rafael to recognize Monday, May 15, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty and let us recognize and pay respect to the survivors of our fallen heroes.

Mayor
Agenda Item 4.d v
City of San Rafael

PROCLAMATION
MENTAL HEALTH AWARENESS MONTH, MAY 2023
WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, mental illnesses are real and prevalent in our nation, and many of us will have, or know someone that has a mental health diagnosis at some point in our lives; and
WHEREAS, all Americans experience times of difficulty and stress in their lives, and should feel comfortable in seeking help and support to manage these times; and
WHEREAS, engaging in prevention, early identification, and early intervention are as effective ways to reduce the burden of mental illnesses as they are to reduce the burden of other chronic conditions; and
WHEREAS, there is a strong body of research that identifies behavioral health risks and supports specific tools that all Americans can use to protect their health and well-being; and
WHEREAS, with effective treatment before Stage 4, all individuals with mental illnesses even serious mental illnesses - can make progress toward recovery and lead full, productive lives; and
WHEREAS, jails and prisons have often become the default places of custodial care for even nonviolent people with serious mental illnesses; and WHEREAS, each business, school, government agency, healthcare provider, organization and citizen have a responsibility to promote mental health and well-being for all.

NOWTHEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael, do hereby proclaim May 2023 as Mental Health Month. As the formal leaders within the City, I also call upon our residents, government agencies, public and private institutions, businesses, and schools in San Rafael to commit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental illnesses.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: May 1, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: FY 2023 LOCAL MEASURE A, AA AND B ALLOCATION
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE FUNDING AGREEMENT A-FY23-11 BETWEEN THE

TRANSPORTATION AUTHORITY OF MARIN (TAM) AND THE CITY OF SAN

RAFAEL, THEREBY AUTHORIZING THE RECEIPT OF AN ALLOCATION OF $47,527 IN MEASURE A, $440,653 IN MEASURE B, AND $1,322,378 IN MEASURE AA FUNDING FOR FY 2022-2023.

RECOMMENDATION: ADOPT RESOLUTION
BACKGROUND: Marin County voters approved the authorizations of Measure A, Measure B, and Measure AA at the General Elections held on November 2, 2004, November 10, 2010, and November 6, 2018, respectively, thereby authorizing that the Transportation Authority of Marin (TAM) be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (Measure A renewed as AA) and vehicle registration fee (Measure B).

These measures authorize TAM to administer Measure A, Measure AA, and Measure B funds for public right-of-way, multi-modal transportation projects identified by local agency public works directors and approved by their governing bodies.

As in past years, the City must approve a TAM funding agreement, in this case Agreement AFY23-11, to release the Measure A, Measure AA and Measure B funds described above in the total amount of $1,810,558 for FY 2022-23.

ANALYSIS: Public Works has utilized past Local Measure A, Measure AA and Measure B allocations for various public right-of-way capital projects. With Council’s approval, the current funding agreement will utilize the $1,810,558 allocation for the following projects:

1. Spinnaker Point Drive Parking Modifications: Construction of angled parking along the north side of Spinnaker Point Drive to help increase available parking for this area.

Sidewalk was realigned to allow for the angled parking to be installed and allow sufficient safety clearance for cars to exit.
• $1,100,000 total cost, all of which utilized TAM A, AA, and B funds.

2. Second and Fourth Street Intersection Improvement Project: An intersection Improvement project would reconfigure the streets, so they meet as a tee-intersection, shortening the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
crossing distances and minimizing the number of crossings for pedestrians and bicycles.

The five current legs would be reduced to three, shortening the wait times for all users here. The project would also complete the Class IV bikeway connection from West Street to West End, which is a critical connection listed as a top priority in the City’s Bike and Pedestrian Master Plan. Other improvements include accessibility improvements, drainage, undergrounding of overhead electrical service, and the signalization of the intersection of West Crescent and Fourth Street providing safety and access improvements.
• $5,100,000 total cost, of which $710,558 will be utilized from TAM A, AA and B funds.

FISCAL IMPACT: This agreement provides $1,810,558 in Measure A, Measure AA and Measure B funds, to be used for the projects described above. The receipt of these funds enables the City to utilize Gas Tax Fund (#206) resources for other equally important right-of-way projects.

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

1. Adopt a resolution to accept the funding agreement A-FY23-11 between TAM and the City of San Rafael, thereby authorizing the receipt of an allocation of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA funding for FY 2022-23.

2. Do not adopt the resolution and provide further direction to staff.

RECOMMENDED ACTION: Adopt the resolution.

ATTACHMENT:

1. Resolution

2. A-FY23-11 Funding Agreement
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE FUNDING AGREEMENT A-FY23-11 BETWEEN THE

TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE RECEIPT OF AN ALLOCATION OF $47,527 IN MEASURE A, $440,653 IN MEASURE B AND $1,322,378 IN MEASURE AA FUNDING FOR FY 2022-2023
WHEREAS, The voters of Marin County approved the authorizations of Measure A, Measure B, and Measure AA at the General Elections held on November 2, 2004, November 10, 2010, and November 6, 2018, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (Measures A and AA funds) and vehicle registration fee (Measure B funds); and
WHEREAS, Measures A, B, and AA proceeds will be used to pay for the Spinnaker Point Drive Parking Modifications Project and the Second and Fourth Street Intersection Improvement Project as outlined in the City of San Rafael’s FY 2022-23 Expenditure Plans; and
WHEREAS, TAM has requested that the City approve Funding Agreement AFY23-11 to release the City of San Rafael’s FY 2022-2023 allocation of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute Funding Agreement A-FY23-11 between TAM and the City, authorizing the allocation to San Rafael of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA funds, in a form to be approved by the City Attorney.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 1st day of May 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:
______________________________________
Lindsay Lara, City Clerk

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TAM AGREEMENT A-FY23-11

FUNDING AGREEMENT

BETWEEN

TRANSPORTATION AUTHORITY OF MARIN
AND

CITY OF SAN RAFAEL
This AGREEMENT is made this day of 202 , by and between the Transportation Authority of Marin, hereinafter referred to as “TAM”, a local public agency, and the City of San Rafael, hereinafter referred to as “RECIPIENT”, a local public agency.

SECTION 1. RECITALS

1. The voters of Marin County approved the authorization of Measures A, AA, and B, thereby authorizing that TAM be given the responsibility to administer the proceeds from a transportation sales tax (Measures A and AA) and a vehicle registration fee (Measure B), respectively, to fund transportationrelated projects and programs in Marin County.

2. The proceeds will be used to pay for the programs and projects outlined in the Measures A, AA, and B Expenditure Plans and further guided by the Measures A, AA, and B Strategic Plans.

3. According to the Measures A and AA Expenditure Plans, local streets and roads funds are provided to local cities, towns, and Marin County (local agencies) to be used for any local transportation need, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses.

4. According to the Measure B Strategic Plan, thirty-five percent (35%) of funds will be distributed to sponsors, under Element 1.1, for local streets maintenance and improvements.

5. Each project will be required to consider the needs of all roadway users and, where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved.

6. Local priorities would be determined by each local agency's Public Works Director with approval of their governing board in a public meeting.

SECTION 2. PURPOSE OF FUNDING AGREEMENT
This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding conditions necessary for the RECIPIENT to comply with applicable law and TAM policies and conditions (EXHIBIT A). This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference.

SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, approved through Resolution 2022-09 of TAM, in accordance with the requirements of TAM’s Measures A, AA, and B Expenditure Plans and Strategic Plans is made for the following

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purposes identified in the RECIPIENT’s Measures A, AA, and B Allocation Request Form (EXHIBIT B):

Local Infrastructure for All Modes
Additional information on project scope is included in the Measures A, AA, and B Allocation Request Form.

SECTION 4. GRANT
TAM hereby grants to the RECIPIENT the sum of $1,810,558.00 as designated in Resolution No. 2022- 09 (EXHIBIT D), approved June 23, 2022, which is included in this AGREEMENT by reference.

SECTION 5. COST ELIGIBILITY
Cost eligibility shall be determined by TAM’s Expenditure Plan and Strategic Plan policies. Funds may be used for any local transportation need identified by the RECIPIENT’s Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT’s governing board. Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with a related roadway improvement.

This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage.

SECTION 6. BUDGET AND SCOPE
RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM’s requirements and the budget.

SECTION 7. PROJECT MANAGEMENT
RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM’s resolution allocating the grant unless otherwise agreed upon in writing.

SECTION 8. PROJECT OVERSIGHT
RECIPIENT shall cooperate with TAM’s project management team and shall provide any requested project information.

SECTION 9. ATTRIBUTION AND SIGNAGE
If any portion of grant funds is used for production of reports, acknowledgment of the TAM’s role shall be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying TAM Funds (e.g., TAM and RECIPIENT’s logos – “Your Measure AA Dollars at Work”). For non-construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and TAM Funds as a funding source.

RECIPIENT shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of Measures A, AA, and B disbursement for project expenses.

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SECTION 10. PRESS RELEASES
RECIPIENT shall notify TAM in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection with grant funds expended from this AGREEMENT.

SECTION 11. COMPLIANCE WITH LAW
In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the federal, state, and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time.

SECTION 12. ENVIRONMENTAL COMPLIANCE
RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work.

SECTION 13. FINANCES
All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM.

SECTION 14. RECORDS
All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of five (5) years after the later of project closeout or termination of grant. Such project documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the project.

SECTION 15. PAYMENT
TAM shall remit payment to RECIPIENT upon written request by the RECIPIENT after the execution of this AGREEMENT.

SECTION 16. ELIGIBLE EXPENSES
RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct staff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) and overhead costs will not be considered eligible expenses. Funds shall also be expended according to the applicable provisions of the Expenditure Plan and of the Public Utilities Code Section 180000 et seq.

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TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are not in compliance with this AGREEMENT or the Expenditure Plan promptly after TAM becomes aware of any such expenditures.

SECTION 17. AUDITS
TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement.

RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the project.

SECTION 18. THIRD PARTY CONTRACT AUDITS
TAM reserves the right to request an audit of other third-party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM.

SECTION 19. CLOSEOUT PROCEDURES AND PROJECT REPORT
RECIPIENT shall provide TAM a Project Report as shown in EXHIBIT C. This report shall include the total expenditures for the approved scope, revenues from all funding sources applied for the approved scope of work. RECIPIENT shall provide supporting documentation for expenditures and revenues from its accounting and financial management system. RECIPIENT shall certify that the amounts sought are only for project elements included in the Allocation Request Form SECTION 20. REPAYMENT OF INELIGIBLE COSTS
TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency.

SECTION 21. RIGHT TO WITHHOLD
If the above items are not provided to TAM by the annual due date and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold funds for future allocations from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM’s satisfaction. While funds are being withheld, all interest on withheld funds shall be retained by TAM as an administrative fee.

SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS
TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of, PROJECT closeout. Funds are determined to be unneeded if they are uncommitted at time of project closeout.

SECTION 23. TERMINATION FOR CAUSE
RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT.

Any failure to make reasonable progress, inconsistency with the Expenditure Plan or Allocation Request Form, unauthorized use of grant funds as specified in this AGREEMENT, or other violation of the

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AGREEMENT that significantly endangers substantial performance of the project shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any unexpended funds originally provided under this Agreement.

SECTION 24. CORRECTION OF BREACH
With respect to any breach which is reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by TAM.

SECTION 25. LIABILITY
Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify, and hold TAM harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT.

Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify, and hold RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT.

In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified.

SECTION 26. OBLIGATIONS
In general, termination of financial assistance under this AGREEMENT will not invalidate obligations properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be canceled.

SECTION 27. INTEGRATION
This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

SECTION 28. AMENDMENT
Except as otherwise provided herein, this AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect.

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SECTION 29. INDEPENDENT AGENCY
RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM.

None of RECIPIENT'S agents or employees shall be agents or employees of TAM.

SECTION 30. ASSIGNMENT
The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above.

SECTION 32. EXPENSES
Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated.

RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned purpose.

SECTION 33. SEVERABILITY
Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

SECTION 34. EXHIBITS
The following Exhibits are hereby made part of this AGREEMENT:

EXHIBIT A: Conditions on Local Infrastructure for All Modes EXHIBIT B: Allocation Request Form
EXHIBIT C: Project Report (Sample Format)
EXHIBIT D: TAM Board Resolution 2022-09

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SECTION 35. ACCEPTANCE OF GRANT
RECIPIENT does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this AGREEMENT are true and correct and does hereby accept TAM’s grant and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above.

City of San Rafael: Transportation Authority of Marin (TAM):

By: _______________________________
_______________________________
Print Name
_______________________________
Print Title
By: _______________________________
Anne Richman, Executive Director
Approved as to form (optional):

By: _______________________________
City of San Rafael, Attorney
_______________________________
Print Name
T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.1\FY 2223\Exhbit A Conditions.doc Page 1 of 2 Exhibit A
Conditions on Local Infrastructure for All Modes
Recipient agrees that it shall:

1. Agree to the formula used in the allocation of the funds as reflected in the respective Expenditure Plans and agree to the use of the State Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the biennial update of the allocation formula.

2. Set up an appropriate system of interest-bearing accounts and reporting for funds received. The accounting system shall provide adequate internal controls and audit trails to facilitate a periodic compliance audit for the funds which shall be maintained for the duration of the Agreement plus five years after discharge.

3. Provide TAM with the number of maintained road miles within Recipient’s jurisdiction which shall be consistent with the miles reported to state and federal agencies and that contained in the Recipient’s pavement management system. Recipient shall provide TAM with the number of maintained road miles biennially, even if there were no changes in the number of miles.

4. In the event Recipient’s expenditures in a fiscal year are less than the amount the Recipient has received, provide an explanation of why the revenues exceeded expenditures and how the Recipient plans to allocate the funds to future projects.

5. Within 60 working days of the end of each fiscal year, provide a Project Report for projects upon which funds were expended. The Project Report shall show the amount spent in that reporting year, including the total estimated project costs, the total expenditures to date, a brief description (including digital photographs) and location of the projects, and the benefits to be realized from said project (see Project Report, Exhibit C). The Report must also include a description and photograph of TAM signage and the number of signs posted.

6. As part of the Project Report, include a statement signed by the Recipient’s Public Works Director, certifying the Report’s compliance with the provisions of this AGREEMENT. A resolution by the Recipient’s governing board approving the project in a public meeting should be attached to the Report.

7. Provide updated and accurate information (including digital photographs of the projects before, during and after construction) for TAM’s website, highlighting projects or programs in which funds received by Recipient have been used.

8. Provide updated and accurate information on the Recipient’s website, in order to inform the public, on how funds are being used in the Recipient’s jurisdiction. Also provide a link on the Recipient’s website to TAM’s website.

9. Make available, upon request from TAM, Recipient’s administrative officer or designated staff to render a report or answer any and all inquiries in regard to its receipt, usage, and compliance audit findings of funds before the TAM Board.

T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.1\FY 2223\Exhbit A Conditions.doc Page 2 of 2

10. If after the close of the third fiscal year, minimal or no funds have been expended on projects, TAM reserves the right to withhold the fifth year’s funds allocation until the Recipient’s allocation is drawn down.

11. Provide parcel land use information for the annual TAM transportation modeling update.

12. Provide evidence of Pavement Management System certification in accordance with section 2108.1 of the Streets and Highway Code. MTC requires cities and counties to submit pavement maintenance and rehabilitation projects for funding to utilize a Pavement Management Program.

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Exhibit B
Transportation Authority of Marin
Measures A and AA – Transportation Sales Tax Funds
Measure B – Vehicle Registration Fee Funds
Allocation Request Form
Fiscal Year of Allocation: 2022/23
Expenditure Plan: Local Roads and Related Infrastructures Implementing Agency: City of San Rafael
Project Name #1: Spinnaker Point Dr Parking Modifications Scope of Work #1: Construction of angled parking along the north side of Spinnaker Point Drive to help increase available parking for this area. Sidewalk will be realigned to allow for the angled parking to be installed and allow sufficient safety clearance for cars to exit. Plan sheet is attached.

Cost of Scope #1: $1,100,000 (total scope amount requested) Project Name #2: Second and Fourth Street Intersection Improvement project Scope of Work #2: This Intersection Improvement project would reconfigure the streets, so they meet as a tee-intersection, shortening the crossing distances and minimizing the number of crossings for pedestrians and bicycles. The five current legs would be reduced to three, shortening the wait times for all users here. The project would also complete the Class IV bikeway connection from West Street to West End, which is a critical connection listed as a top priority in the City’s Bike and Pedestrian Master Plan. Other improvements include accessibility improvements, drainage, undergrounding of overhead electrical service, and the signalization of the intersection of West Crescent and Fourth Street providing safety and access improvements.

Cost of Scope #2: $4,000,000 (of which $710,558 will be utilized from TAM A, AA, B funds) Total Costs: $5,100,000
Measure AA Category 2.1 Funds Available Amount: $1,322,378 Measure B Element 1.1 Funds Available Amount: $440,653
Measure A Reserve Strategy 3.2 Funds Available Amount: 47,527 Total Requested Amount: $1,810,558
Other Funding: $3,289,442 in other funds, including local and Gas Tax T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.1\FY 2223\Exhibit C Project Report for FY23 Funds.doc Page 1 of 2 Exhibit C
Project Report (sample format)

(due within 60 days of the end of each fiscal year)
Amount spent in this reporting year -
Total estimated project costs
Total expenditures to date
Project locations and descriptions
(please provide digital photographs for each project)
Benefits realized from project(s)
TAM signage:

Number of signs posted:

Attach a statement, signed by the City Public Works Director, certifying the reports compliance with the provisions of the funding Agreement
Attach a resolution by the Governing Board approving the project(s) Attach the project worksheet template (sample follows) for each project included in the Project Report.

T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.1\FY 2223\Exhibit C Project Report for FY23 Funds.doc Page 2 of 2 Local Roadway Project Report, Part I
Name of roadway:

Project limits:

Jurisdiction:

Description of maintenance project:

Roadway’s Pavement Condition Index:

Date of last PCI Evaluation:

Multi-Modal and Safety-Related Considerations
According to the Measures A, AA, and B Expenditure Plan, each local road project will be required to consider the needs of all roadway users. Where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. Improvements could include striping and signing for bicycle lanes and bikeways, sidewalk improvements, curb ramps, and other accessibility and safety improvements.

Please discuss, in the following three sections, considerations for multi-modal and safety-related improvements as a part of the local road maintenance project.

1. Safety Improvements: Describe safety-related improvements considered as a part of the project (refer to collision statistics, traffic volumes, roadway functional classification and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why.

2. Pedestrian and Disabled Persons Facilities: Describe pedestrian and ADA-related improvements considered as a part of the project (refer to pedestrian master plans, ADA transition plans, school and transit access considerations, and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state way.

3. Bicycle Facilities: Describe bicycle-related improvements considered as a part of the project (refer to bicycle master plans and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why.

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TAM RESOLUTION NO. 2022-09

RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATION OF $9,273,969 IN TRANSPORTATION SALES TAX (MEASURE A AND

MEASURE AA) AND VEHICLE REGISTRATION FEE (MEASURE B) FUNDS TO

BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS,

SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, The voters of Marin County approved the authorizations of Measure A, Measure B, and Measure AA at the General Elections held on November 2, 2004, November 10, 2010, and November 6, 2018, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (Measures A and AA funds) and vehicle registration fee (Measure B funds); and WHEREAS, Measures A, B, and AA proceeds are used to pay for the programs and projects outlined in their respective Expenditure Plans; and WHEREAS, TAM has developed Strategic Plans to provide guidance on implementing the Expenditure Plans; and
WHEREAS, The Measure A Strategic Plan programmed Measure A funds to the four strategies listed in the Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and
WHEREAS, The Measure B Strategic Plan programs Measure B funds to three elements listed in the Expenditure, including Element 1.1, Maintenance of Local Streets; and WHEREAS, The Measure AA Strategic Plan programs Measure AA funds to the four categories listed in the Expenditure Plan, including Category 2.1, Maintain and Manage Local Roads; and
WHEREAS, Measure A funds for Strategy 3.2, Measure B funds for Element 1.1, and Measure AA funds for Category 2.1 are programmed under the respective Strategic Plans to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon for local infrastructure improvement projects that are prioritized by the respective Public Works Directors; and WHEREAS, Measure A funds for Strategy 3.2, Measure B funds for Element 1.1, and Measure AA funds for Category 2.1 can be used for street and road projects, local transit projects, and bicycle and pedestrian projects; and
WHEREAS, Infrastructure improvement projects funded with Measure A funds for Strategy 3.2, Measure B funds for Element 1.1, and Measure AA for Category 2.1 will be approved by the County’s and Cities’ governing boards at public meetings, and WHEREAS, The project sponsors are requesting funds that have been accumulated for FY 22/23; and
Exhibit D

Page 2 of 3 ends

WHEREAS, These allocations are consistent with the Measure A, Measure B, and Measure AA Strategic Plans; and
WHEREAS, There are sufficient funds in the Strategy 3.2, Element 1.1, and Category 2.1 line-items of the TAM’s approved FY 22/23 Budget to cover the proposed action; and WHEREAS, After reviewing the requests in coordination with project sponsors, TAM staff recommends allocating $243,441 in Measure A funds, $2,257,096 in Measure B funds, and $6,773,432 in Measure AA funds as requested; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $243,441 in Measure A funds, $2,257,096 in Measure B funds, and $6,773,432 in Measure AA funds for eligible projects under Strategy 3.2, Element 1.1, and Category 2.1, respectively, for FY 22/23 as shown in the following table; and be it further Measure A Measure B Measure AA Total
Belvedere $2,378 $22,044 $66,154 $90,576
Corte Madera $8,956 $83,038 $249,193 $341,187
Fairfax $6,694 $62,062 $186,245 $255,001
Larkspur $9,605 $89,052 $267,240 $365,896
Mill Valley $13,750 $127,488 $382,584 $523,822
Novato $43,931 $407,317 $1,222,338 $1,673,586
Ross $2,547 $23,613 $70,861 $97,021
San Anselmo $10,782 $99,967 $299,995 $410,744
San Rafael $47,527 $440,653 $1,322,378 $1,810,558
Sausalito $6,726 $62,360 $187,139 $256,224
Tiburon $8,451 $78,357 $235,146 $321,954
County $82,094 $761,145 $2,284,159 $3,127,398
Total $243,441 $2,257,096 $6,773,432 $9,273,969
RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the Measure A, Measure B, and Measure AA Expenditure Plans and the Measure A, Measure B, and Measure AA Strategic Plan Updates; and be it further
RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and be it further
RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further

Page 3 of 3 ends

RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized.

PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 23rd day of June 2022, by the following vote:

AYES: Arnold, Carmel, Cleveland-Knowles, Colbert, Colin, Connolly, Cutrano, Fredericks, Hillmer, Kemnitzer, Kuhl, Lee, Rice
NOES:

ABSENT: Moulton-Peters
ABSTAIN: Eklund, Rodoni
__________________________
Stephanie Moulton-Peters, Chair
Transportation Authority of Marin
ATTEST:
________________________________
Jennifer Doucette
Clerk of the Board t
f
r
I
)
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.f
Meeting Date: May 1, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Joanna Kwok, Senior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: 2023 MTC REGIONAL ACTIVE TRANSPORTATION PROGRAM LOCAL SUPPORT SUBJECT: RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE

THE CANAL ACTIVE TRANSPORTATION ENHANCEMENTS PROJECT

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE

THE SAN RAFAEL CANAL CROSSING
RECOMMENDATION:

Staff recommends the City Council adopt two resolutions of local support authorizing the filing of applications for funding assigned to MTC, committing any necessary matching funds and stating the assurance to complete the Canal Active Transportation Enhancements and San Rafael Canal Crossing projects.

BACKGROUND:

The Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as biking and walking. The program aims to increase the proportion of trips accomplished by biking and walking, improve the safety and mobility of non-motorized users, advance efforts to achieve greenhouse gas reduction goals, enhance public health, and provide a broad spectrum of projects to benefit many types of users including disadvantaged communities. In March 2022, the California Transportation Commission (CTC) approved the Active Transportation Program (ATP) Cycle 6 guidelines, and MTC released the Call for Projects for the Regional ATP.

The City of San Rafael applied for funding through the Regional ATP for two projects:

1. Canal Neighborhood Active Transportation Enhancements

2. San Rafael Canal Crossing
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Canal Neighborhood Active Transportation Enhancements Project This project will provide pedestrian, bicycle, and transit enhancements in the Canal Neighborhood.

Pedestrian enhancements include curb ramp upgrades, sidewalk gap closures, corridor lighting improvements, and uncontrolled crosswalk enhancements. Bicycle improvements include constructing bicycle boulevard treatments and adding secure bicycle parking. Transit improvements include adding transit shelter enhancements at several existing stops and constructing a new transit stop along a high-use transit route. These enhancements would improve mobility, equity, safety, and comfort for non-motorized users traveling to and from the Canal neighborhood. Residents will have better connectivity to key destinations such as schools, parks, and shopping in and out of the community.

The City is requesting $4,123,000 of ATP funds for the project’s planning, environmental clearance, design, and construction. Staff plan to include approximately $1,031,000 towards the project through the Capital Improvement Program budget process in future fiscal years.

San Rafael Canal Crossing Project
This project will provide a non-motorized bicycle and pedestrian crossing bridge between the Canal Neighborhood and destinations north of San Rafael Creek. The new crossing would provide connectivity within a highly developed active transportation network in central Marin County, including the Bay Trail and the North-South Greenway, ensuring that residents of the Canal Neighborhood and the broader community are provided with safe access to regional destinations.

The City is requesting $3,925,000 of ATP funds for the project’s planning, environmental clearance, and design. The planning and design phase of the project will include stakeholder engagement to ensure that the project meets the needs of the community. The construction of the project is currently unfunded, but City staff will be searching for grant opportunities to fund the remaining project costs.

Both the Canal Neighborhood Active Transportation Enhancements and San Rafael Canal Crossing projects were recommended by MTC staff for funding in the 2023 Regional ATP. On January 25, 2023, MTC adopted the ATP Cycle 6 program of projects, which includes both San Rafael projects. One of the requirements for receiving regional discretionary funds is that the City must adopt a Resolution of Local Support for each of the projects. These resolutions must be submitted to MTC prior to the May 2023 CTC meeting when CTC considers final approval of MTC’s Regional ATP. The Resolutions of Local Support for each of the projects is attached to this report.

FISCAL IMPACT:

Adoption of the Resolutions of Local Support is required for the Regional ATP Cycle 6 applications. The City is currently positioned to receive $8,048,000 to fund two public improvement projects (Canal Neighborhood Active Transportation Enhancements and San Rafael Canal Crossing). Staff intend to include about $1,031,000 towards the Canal Neighborhood Active Transportation Enhancements Project in the Capital Improvement Plan budget process for future fiscal years and apply for grant opportunities to fund the San Rafael Canal Crossing Project. Additional costs will be included in future budgeting years if needed.

RECOMMENDED ACTION:

Adopt the resolutions of local support authorizing the filing of applications for funding assigned to MTC and committing any necessary matching funds and stating the assurance to complete the projects.

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

1. Resolution of Local Support Canal Active Transportation Enhancements Project

2. Resolution of Local Support San Rafael Canal Crossing Project

RESOLUTION OF LOCAL SUPPORT
RESOLUTION NO.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO

COMPLETE THE CANAL ACTIVE TRANSPORTATION ENHANCEMENTS PROJECT WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $4,123,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Canal Active Transportation Enhancements Project (herein referred to as PROJECT) for the Regional Active Transportation Program (ATP) Cycle 6 (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL
DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
• that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and
• in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE BE IT RESOLVED, that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further
RESOLVED that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTCfunded transportation and transit projects implemented by APPLICANT; and be it further RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further
RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk

RESOLUTION OF LOCAL SUPPORT
RESOLUTION NO.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO

COMPLETE THE SAN RAFAEL CANAL CROSSING PROJECT
WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $3,925,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the San Rafael Canal Crossing Project (herein referred to as PROJECT) for the Regional Active Transportation Program (ATP) Cycle 6 (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL
DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
• that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.g
Meeting Date: May 1, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public Works
Philip Buckley, Senior Engineer
City Manager Approval: __________
TOPIC: SOUTHERN HEIGHTS/COURTRIGHT RETAINING WALL PROJECT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF A ROADWAY AND SLOPE EASEMENT WITH PROPERTY OWNER OF 78

SOUTHERN HEIGHTS BOULEVARD AND ACCEPT THE GRANT DEED FOR SUCH PROPERTY.

RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute a property purchase agreement for acquisition of a roadway and slope easement with property owner of 78 Southern Heights Boulevard and accept the grant deed for such property.

BACKGROUND: Southern Heights Boulevard is a two-way local street located in the hills above San Rafael. The City intends to install a retaining wall system along the outside edge of Southern Heights Boulevard between 78 Southern Heights Boulevard and the private driveway (i.e., Courtright Road) leading to 82 Southern Heights Boulevard. Additionally, the project will include roadway resurfacing, drainage improvements, tree removal, erosion and sediment control, guardrail and pedestrian safety railing.

The existing right-of-way width on Southern Heights Boulevard varies from 17 feet to 44 feet.

Most of the new retaining wall and drainage facilities will be installed within the existing public right-of-way. A property easement acquisition, measuring roughly 200 square feet, will be needed from the property at 78 Southern Heights Boulevard to build a portion of the retaining wall. Below the wall, a slope easement measuring roughly 650 square feet is necessary for the right to construct, replace, remove, maintain or modify slopes below the wall.

ANALYSIS:

Obtaining right of way is necessary to construct the new retaining wall and maintain the existing alignment and grade of the road. A real estate appraisal with comparables was ordered to determine the fair market value of the easement. Factors which may affect the value of the easement include: size, whether the land is deemed “developable,” hillside slope, and length/duration of the easement. After extensive negotiations to determine fair and reasonable SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
compensation, the property owner accepted the City’s offer to purchase the easement for $25,013 and the parties negotiated a purchase and sale agreement, Exhibit 1 to the resolution. The agreement allows the City to acquire the property in lieu of proceeding with eminent domain proceedings.

The City Attorney’s Office retained Benjamin Stock, a real estate attorney, to peer review all real estate documents prepared by the design team. Mr. Stock reviewed and approved the offer packages prior to and during negotiations with property owners.

The attached resolution (Attachment 1) would authorize the City Manager to execute the Purchase Agreement with the property owner, accept the grant deed, and take any other actions necessary to effectuate acquisition of the property.

FISCAL IMPACT: The easement purchase price of $25,013 will be appropriated from the Gas Tax Fund #206 via a transfer from the Liability Internal Services Fund #605.

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

1. Adopt the resolution as presented.

2. The City Council may decline to approve the resolution resulting in a project that cannot be constructed as designed. If the City does not advance the project into construction, legal counsel will need to review terms of a Settlement Agreement entered into with respect to the action encaptioned Steward Miller, et al. v. City of San Rafael, et al., Marin County Superior Court case no. CIV 1703948 signed in January 2021.

3. The City Council may defer action and request staff to provide further information or modifications at a future Council meeting.

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a property purchase agreement for acquisition of a roadway and slope easement with property owner of 78 Southern Heights Boulevard and accept the grant deed for such property.

ATTACHMENT:

1. Resolution

2. Exhibit 1 to Resolution: Draft Purchase and Sale Agreement RESOLUTION NO.

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF A ROADWAY AND SLOPE EASEMENT WITH PROPERTY OWNER OF 78 SOUTHERN HEIGHTS BOULEVARD, AND

ACCEPT THE GRANT DEED FOR SUCH PROPERTY
_____________________________________________________________________ WHEREAS, public interest, convenience and welfare require that the property hereinafter mentioned be purchased and used for the benefit of the public of the City of San Rafael, California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESOLVES as follows:

1. The City Manager is authorized to execute the Agreement for Purchase and Sale of Real Property between Daniel M. Humphreys and Katherine F. Humphreys, and the City of San Rafael, a copy of which is attached hereto, marked as Exhibit “1”, and incorporated herein by this reference, in a form by the City Attorney; and

2. The City Manager is authorized to accept the Grant Deed for the subject property identified in Exhibit “1” from Daniel M. Humphreys and Katherine F. Humphreys to the City of San Rafael, and to take any other actions necessary to effectuate acquisition of the property.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 1st day of May 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk

AGREEMENT FOR PURCHASE AFID SALE OF REAL

PROPERTY (INCLUDING ESCROW INSTRUCTIONS)
This PURCHASE AND SALE AND SETTLEMENT AGREEMENT (this
"Agreement") is made and entered into as of April 24,2023 (the "Effective Date"), by and between the DANIEL M. HUMPHREYS AND KATHERINE F. HUMPHREYS ("Seller"), and the CITY OF SAN RAFAEL, a California municipal corporation ("Purchaser"). Seller and Purchaser may collectively be referred to as the "Parties."

RECITALS
A. Seller is the owner of the land and improvements located at APN 013-17l-04, commonly known as 78 Southern Heights Boulevard, San Rafael, California, 94901 (the "Properfir").

B. Purchaser desires to purchase from Seller, and Seller desires to convey to Purchaser, a roadway and slope easement over a portion of the Property, as more specifically described on Exhibit A (the "Subject Easement"), in order to construct roadway improvements including a retaining wall to improve street safety, as part of the Southem Heights/Courfiight Retaining Wall Project (the'oProjeet").

C. On or about January 14,2021, the Purchaser sent Seller an offer to purchase the Subject Easement pursuant to Govemment Code section7267.2.

D. In lieu of proceeding with eminent domain proceedings for the acquisition of the Subject Easement, the Parties desire to enter into this Agreement.

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Salg and Purch4se of the Subject Easement. Seller agrees to sell and convey the Subject Easement to Purchaser, and Purchaser agrees to purchase the Subject Easement from Seller, on the terms and conditions set forth herein.

2. Purchase Price. The total purchase price for the Subject Easement shall be $25,013-00 ("Purchase Price"). The parties acknowledge and agree the Purchase Price specifically includes full compensation for any interest in Seller's business operations, loss of business goodwill, relocation damages or benefits, severance damage, attorneys' fees or any other compensation of any nature whatsoever.

2.1 Payment of Purchase Price. On or before the Close of Escrow, Purchaser shall deposit with Escrow Agent the Purchase Price, in immediately available funds, which shall be paid to Seller at Close of Escrow.

2.2 Conveyange of Title/Title Policy. Subject to the fulfillment of the Conditions Precedent described below, at the Close of Escrow, Seller shall grant to Purchaser the Subject Easement by easement grant deed in the form attached as Exhibit B and incorporated OAK 1#4831-3129-6735 v2
herein by reference ("Easement Deed"), subject only to (a) nondelinquent taxes and assessments; (b) liens to secure payment of current, unpaid real estate taxes and assessments; (c) all covenants, conditions, and restrictions, reservations, rights, rights of way, easements, encumbrances, liens, and title matters of record; (d) such title matters affecting the Subject Easement oreated by or with the written consent of Purchaser; (e) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Subject Easement; (0 all matters which would be apparent from an inspection of the Subject Easement; (g) aU matters which would be disclosed by a survey of the Subject Easement; and (0 exceptions which are approved and/or accepted by Purchaser in writing (collectively, ooApproved Conditions of Title").

2.3 Purchaser shall cause Old Republic Title Company (the "Title Company") to deliver to Seller and Purchaser an updated Preliminary Title Report for the Easement within five (5) business days after the later of the Effective Date or the date Escrow (defined in Section 8, below) is opened, and in any evenf no later than ten business days prior to Close of Escrow. Within thirly (30) days from the Effective Date, Purchaser shall have completed its review of all title matters affbcting the Subject Easement to the extent desired by Purchaser and shall obtain whatever as$urances andlor commitments it desires from the Title Company as to title matters and the title insurance policies which Purchaser desires the Title Company to issue to Purchaser at the Closing for the Subject Easement (the "Title Policy").

Purchaser shall cause Escrow Agent (defined in Section 8, below) at Close of Escrow to provide Purchaser with a standard CLTA or ALTA (as the Purchaser may request in its sole discretion) policy of title insurance in the amount of the Purchase Price issued by the Title Company, together with any endorsements reasonably requested by Purchaser, showing title vested in Purchaser for the Subject Easement, subject only to the Approved Conditions of Title set forth above and the standard and printed exceptions, exclusions and stipulations contained in the form of owner's title insurance policy to be obtained by Purchaser. Purchaser shall pay all premiums for the Title Policy and any endorsements to the Title Policy.

3. "AS Is" Sale: Release . Purchaser specifically acknowledges and agrees that Seller is selling and Purchaser is purchasing the Subject Easement on an "As-Is, Where-Is, With All Faults" basis as of the Closing and that Purchaser is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, employees or attorneys as to any matters concerning the Subject Easement, including without limitation: (a) the quality, nature, adequacy and physical condition of the Subject Easement and any improvements thereon, (b) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (c) the presence of hazardous materials on, under or about the Easement or the adjoining or neighboring lands, (d) the quallty of any labor and materials used in any improvements on the Subject Easement, and (e) the condition of title to the Subject Easement. Seller hereby specifically disclaims: (i) all warranties implied by law arising out of or with respect to the execution of this Agreement, any aspect or element of the Subject Easement, or the performance of Seller's obligations hereunder including, without limitation, all implied warranties of merchantability, habitability andlor fitness for a particular purpose; and (ii) any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or conceming (x) the nature and condition of the Subject Easement or other items conveyed hereunder, including, without limitation, the water, soil, and geology, the suitability thereof and OAK #4831-31294735,r2 2
of the Subject Easement or other items conveyed hereunder for any and all activities and uses which Purchaser may elect to conduct thereon, the existence of any environmental hazards or conditions thereon (including but not limited to the presence of asbestos or other hazardous substances) or compliance with applicable environmental laws; (y) the nature and extent of any righGof-way, possession, lien, encumbrance, license, reservation, condition or otherwise; and (z) the compliance of the Subject Easement or other items conveyed hereunder or its operation with anlr laws (including environmental laws), ordinances, rules, requirements, resolutions, policy statements and regulations. Upon recording of the Easement Deed, Purchaser fully releases, acquits and discharges Seller from any and all claims related to the matters set forth above, excepting from such release and discharge only those warranties and representations of the Seller set forth in Section 13.

4. Waiyer of ProBerty Rights and Interests. Upon receipt by Seller of the Purchase Price, Seller for itself and for its agents, successors and assigns fully releases, acquits and discharges Purchaser and its officers, officials, council members, employees, attorneys, accountants, other professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them (collectively, the "Released Parties') from all claims that Seller, its agents, successors and assigns has or may have against the Released Parties arising out of or related to Purchaser's acquisition of the Subject Easement and the grant of any right-of-entry, including, without limitation, all of Seller's property rights and interests in the Property as burdened by the Subject Easement, including but not limited to (i) any improvements, including improvements pertaining to the realty, fumiture, fixture, and equipment, (ii) business goodwill and lost income (past or future) relating to the Subject Easement, (iii) lost income, (iv) relocation benefits, (v) severance damages, if any, (vi) any and all rights pertaining to the Eminent Domain Law contained in the Code of Civil Procedure sections 1230.010 et seq., including, but not limited to the Code of Civil Procedure section 1245.245, and (vii) economic or consequential damages, (viii) professional consultant fees and attorney's fees and costs, and (ix) all other costs, and any and all compensable interests, and/or damages, an#or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Seller, its agents, successors and assigns by reason of Purchaser's acquisition of the Subject Easement, provided that nothing herein shall release Purchaser from any liability resulting from Purchaser's breach of any agreement, warranty, or covenant for which it is responsible under this Agreement.

4.1 Waiyer of Qivil Cgde Section 1542. Seller, on behalf of itself and its agents, successors and assigns, expressly waives all rights under Section 1542 of the Civil Code of the State of California ("Section 1542'), or any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision thereof, similar to Section 1542 (hereinafter referred to as a o'similar Provision"),
Thus, Seller and its agents, successors and assigns, and any business, enterprise, or venture in whichthey are involved, may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner the matters released in Section 3 above. Section 1542 provides as follows:
*A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN FIIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR TM& WOULD HAVE
OAK #4831.3129-6735 v2

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR PARTY."
Seller's Initials: Seller's Initials:

DANIEL M. HUMPHREYS KATHERINE F

4.2 Survival. The provisions of this Section 4 shall survive the Closing and shall not be merged into the Easement Deed, and shall be fully enforceable after Close of Escrow (Close of Escrow defined in Section 6, below).

5. Escrow. Purchaser and Seller have opened or shall, within five days of the Effective Date of this Agreement, open an escrow (ooEscrow") in accordanoe with this Agreement at Old Republic Title Company ("Escrow Agent"). This Agreement, together with any supplementary escrow instructions prepared by Escrow Agent and executed by Purchaser and Seller, constitutes the joint escrow instructions of Purchaser and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time.

5.1 Documsnts and Funds. Prior to the Close of Escrow Seller shall execute, acknowledge and deliver into Escrow the Easement Deed, as defined herein. The Certificate of Acceptance affached to the Easement Deed shall be executed, acknowledged and delivered into Escrow by Purchaser on or before the Close of Escrow. Purchaser and Seller agree to deposit with Escrow Agent any additional firnds and./or instruments as may be necessary to complete this transaction.
5,2 Escfow Account. All funds received in the Esmow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other escrow trust account in any state or national bank doing business in the State of California. A11 disbursements shall be made by check from such account.

6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:

6.1 Costs afrd Expense,s. Charge to Purchaser: (a) all premiums for the Title Policy and any title endorsements, (b) all documentary transfer taxes, (c) all City transfer taxes, (d) all fees charged by the Escrow Agent in connection with the consummation of the transaction described herein, and (e) all document recording charges, all of which shall be paid by Purchaser through Escrow. Purchaser shall pay outside of Escrow all costs and expenses related to its due diligence investigations, and all legal and professional fees and costs of attorneys and other consultants and agents retained by Purchaser. Seller shall pay outside of Escrow all legal fees and costs incurred by Seller. If the Closing does not occur for any reason, then Purchaser shall pay all cancellation fees charged by Escrow Agent.

6.2 Disbursement.
(a) Disburse funds, including the Purchase Price to Seller or the individual members of Seller as they may direct; provided, if Seller fails to provide such directions or the members of Seller provide inconsistent directions, Escrow Agent may retain all OAK 4
#4831-3129-6735 v2
or a portion of such funds as it deems prudent until the members of Seller provide consistent directions, and Purchaser shall not have any liability to Seller or its individual members arising from failure or delay to distribute funds or distribution of funds contrary to any member of Seller's directions.
(b) Record the Easement Deed and Certificate of Acceptance. (c) Deliver to Purchaser the originals of the Title Policy, and the NonForeign Transferor Declaration; deliver to Purchaser and Seller conformed copies of the Easement Deed and Certificate of Acceptance when conditions of the Escrow have been fulfilled by Purchaser and Seller.

6.3 Close of Escrow. The term ooClose of Escrow," if and where written in these instructions, shall be deemed to have occurred on the date the Easement Deed and other necessary instruments of conveyance are recorded in the office of the Marin County Recorder.

Recordation of instruments delivered through this Escrow is authorized, if necessary or proper in the issuance of the policy of title insurance.

6.4 Tirne Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

6.5 Time of the Essence. TIME IS OF THE ESSENCE IN THESE

INSTRUCTIONS AND, EXCEPT AS OTHERWISE PROVIDED BELOW, ESCROW IS TO CLOSE ON OR BEFORE JT'NE 15,2423, LINLESS SAID DATE IS EXTENDED BY THE MUTUAL WRITTEN AGREEMENT OF THE PARTIES. If this Escrow is not in condition to close by such date, then any party who has fully complied with this Agreement may, in writing, demand the return of its money or property; provided, however, no demand for return shall be recognized until five days after Escrow Agent shall have mailed copies of demand to all other parties at the respective addresses shown in the notice provisions below, and if any objections are raised within such five-day period, Escrow Agent is authorized to hold all money, papers and documents until instructed by a court of competent jurisdiction or mutual instructions.

7. FIRPTA. Seller and Purchaser agree to execute and deliver as directed by Escrow Agent any instrument, affrdavit, and statement, including without limitation the Non-Foreign Transferor Declaration, which is attached hereto as Exhibit C, if applicahle, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder.

8. Tax Reqr,rire{nents. Escrow Agent shall prepare and file with all appropriate governmental or ta:ring authorities a uniform setflement statement, closing statement and tax withholding forms, including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law.

8.1 Transfer Taxes. No transfer tax shall be due because Purchaser is a public entity
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#4831-3129-6715 v2

9. Fepsibilitv.

9.1 Waiyer of.Investigations. Except as provided in Section 2.3, Purchaser waives the need for a due diligence or feasibility period and the right to conduct further investigatioas of the Easement.

10. Conditions Precedent to Close of Escrgw.

10.1 Pwchaser's Conditions Prior to Clpsing. The obligation of the Purchaser to complete the purchase of the Subject Easement is subject to the satisfaction of the following conditions:
(i) Seller shall deliver through Esmow the executed, acknowledged and recordable Easement Deed.
(ii) Seller shall deliver through Escrow a Non-Foreign Transferor Declaration, if applicable.
(iii) Seller shall deliver through Escrow such other documents as are necessaxy to comply with Seller's obligations under this Agreement. (iv) Seller shall not be in default of any of its obligations under the terms of this Agreement, and all of Seller's representations and warranties made as of the date of this Agreemenl shall continue to be true and corect as of the Close of Escrow. (v) Escrow Agent shall have committed to deliver to Purchaser an owners title insurance policy as required by Section 2.3 hereof.

On failure of any of the conditions set forth above, Purchaser may terminate its obligations under this Agreement with no further liability to Seller by giving notice to Seller on or before the expiration of the time allowed for each condition. In the event of such termination by the Purchaser, the Escrow Agent shall return any portion of the Purchase Price already deposited, to Purchaser. Purchaser's failure to elect to terminate its obligations shall constitute a waiver of the condition by Purchaser.

10.2 Seller's Conditions Precedent to Closing. The obligation of Seller to complete the sale of the Subject Easement is subject to the satisfaction of the following conditions:
(i) Purchaser shall not be in default of any of its obligations under the terms of this Agteemen! and all of Purchaser's representations and warranties made as of the date of this Agreement shall continue to be true and correct as of the Close of Escrow. (ii) Purchaser shall have deposited with the Escrow Agent the duly executed and acknowledged Certificate of Acceptance and other documents required to close Escrow, the Purchase Price in immediately available funds, and the Purchaser's share of closing costs described herein.
6 OAK #4831-3129-5715 v2
(ii, At or before the Closing, Purchaser shall deposit into Escrow such other documents as are necessary to comply with Purchaser's obligations under this Agreement. (iv) Before the Closing, Seller shall deposit into Escrow the wrifien approval &om Seller's mortgage lender, Wells Fargo Bank, for the sale of the Subject Easement by Seller to Purchaser as provided by this Purchase and Sale Settlement Agreement.

On failure of any of the conditions set forth above, Seller may terminate its obligations under this Agreement with no further liability to Purchaser by giving notice to Purchaser on or before the expiration ofthe time allowed for each condition. Seller's failure to elect to terminate its obligations shall constitute a waiver of the condition by Seller.

I 1. Closing Statement. Seller instructs Escrow Agent to release a copy of Seller's closing statement to Purchaser,

12. Lo$s or Daln4ge to ProBerty. Loss or damage to the Subject Easement, by fire or other casualty, occurring prior to the recordation of the Easement Deed, shall be at the risk of Seller. In the event that loss or damage to the Subject Easement by fire or other casualty, occurs prior to the recordation of the Easement Deed, Purchaser may elect to either terminate this Agreemerrt or waive the right to terminate and close Escrow without any offset to the Purchase Price or any rights to insurance proceeds, if any.

13. Warr.anties. Representations. and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Purchaser that:

13.1 Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign, except as disclosed in Recital C.

13.2 Encroachmeqts. To the best of Seller's knowledge, there are no encroachments onto the Subject Easement by improvements on any adjoining property, nor do any improvements located on the Properly encroach on the Subject Easement.

13.3 Seller's Title. Until the Close of Escrow, Seller shall not intentionally do anything which would impair Seller's title to any of the Subject Easement.

13.4 Conditio+ of Irand. To the best of Seller's knowledge, there are no substances, materials or sonditions on the Property to be burdened by the Subject Easement that qualifu as a Hazardous Material (as defined below) or otherwise violate any Environmental Law (as defined below). For the purposes of this Agreement the following items have the following meanings:
(i) "Environmental L " means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976).

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#4831-3129-6135 vZ
(ii) 'o@'means any substance, material or waste
which is or becomes designated, classified or regulated as being "toxic'o or o'hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated, under any Environmental Law, including asbestos, petroleum and petroleum products.

13.5 Conflict with Other OblieatioR. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any ofthe provisions ofany bond, note, evidence ofindebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which Seller or the Property may be bound with respect to the Subject Easement.

13.6 Authoritv. Seller is the owner of and has the fullright, power, and authority to sell, convey, and grant the Subject Easement to Purchaser as provided hetein and to carry out Seller's obligations hereunder. If Seller is a trust, corporation, partnership, limited liability company or other similar entity, each party executing this Agreement on behalf of Seller represents and warrants that such person is duly and validly authorized to do so on behalf of Seller.

13.7 Bqnkruptcy. Neither Seller nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to transfer the Subject Easement as provided herein.

13.8 Governmental C.o-qluliance. To the best of Seller's knowledge, Seller has not received any notice from any governmental agency or authority alleging that the Subject Easement is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice or notices are received by Seller following the date this Agreement is signed by Purchaser, Seller shall notify Purchaser within ten days of receipt of such notice. Seller then, at its option, may either elect to perform the work or take the necessary corrective action prior to the Close of Escrow or refuse to do so, in which case Seller shall notifu Purchaser of such refusal and Pr.rchaser shall be entitled to either close Escrow with knowledge of such notice(s) or terminate this Agreement.

13.9 Non-Fore:ign Tranqferor. Seller is not a "foreign perxon" within the meaning of the Foreign Investment in Real Properly Act or any similar state statute, and Seller will comply with all of the requirements of the Foreign Investnent in Real Properly Act and any similar state statute in connection with this transaction.

13.10 Change of Situation. Until the Close of Escrow, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to Purchaser.

14. Brokerls Commissipn. Seller and Purshaser each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Subject Easement.

Seller and Purchaser agree to aild do hereby indemnify and hold the other harmless from and OAK I
#4831-3129-6135v2
against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, which it has employed in connection with the transaction covered by this Agreement.

15. Construction qf Faux Rock Fagade. Purchaser agrees that the retaining wall to be constructed for the Project within the boundaries of the Subject Easement shall include a faux rock fagade using materials selected by Purchaser.

16. Indemnification Regarding Project Construction Activities. Purchaser agrees to defend, indemniff, and hold harmless Seller with regard to any third-party claims arising out of Purchaser's construction activities for the Project on the Property. This section shall not be interpreted to require indemnity or defense of claims that are released by Purchaser under Section 4 of this Agreement.
1,7. Survival. Any covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to Close of Escrow shall survive Close of Escrow and shall be fully enforceable after Close of Escrow in accordance with their terms.

18. Waiver. Consent and Remedies. Each provision of this Agreement to be performed by Purchaser and Seller shall be deemed both a coverant and a condition and shall be a material consideration for Seller's and Purchaser's performance hereunder, as appropriate, and any breach thereof by Purchaser or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereol but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the sarne or any other provision. A waiving parly may at any time thereafter require further compliance by the other party with any breach or provision so waived.

The consent by one parly to any wtby the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or atry failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreemeat.

19. Attorneys' Fees. In the event any declaratory or other legal or equitable action is instituted between Seller, Purchaser and/or Escrow Agent in connection with this Agreement, then as between Purchaser and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

20. Notices. All notices or other communications required or permiued hereunder shall be in writing, and shall be personally delivered, sent by reputable overnight courier, or sent by registered or certified mail, postage prepaid, retum receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the OAK 9
#483 l-3 129-6735 v2
person to receive such notice; (ii) if mailed, three business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other ovemight courier for next business day delivery, the next business day. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to Seller: Daniel & Katherine Humphreys
78 Southern Heights Blvd.

San Rafael, CA 94901
Ifto Purchaser: City of San Rafa€l
1400 Fifth Avenue
San Rafael, CA 94901
Attention: Philip Buckley
Telephone: (415) 419-6841
with a copy to: Burke, Williams & Sorensen, LLP
1901 Harrison Steet, 9th Floor
Oakland, CA 94612-3501
Attention: Benjamin Stock
Telephone: (5 10) 273-8780
2t. De(ault. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constifutes a default under this Agreement. The rnjured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately corffnence to cure such default and shall diligently complete such cure within ten days from the date of the notice.

The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within such ten-day period.

22. Interpretation. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. The words'oinclude" and "including" shall be interpreted as though followed by the words "without limitation." This Agreement shall be interpreted as though jointly prepared by both parties.

23. Entire A8reement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

OAK #4831-3129-6735 vZ 10

24. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplift the terms and provisions hereof,

25. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of Califomia and shall be governed by and construed under the laws of the State of Califomia without reference to its choice of laws rules. ?6. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way effect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

27. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Purchaser and Seller.

28. Cor+nterparts. This Agreement may be executed in any number of identical counterparts and each counterpart shall be deemed to be an original document. All executed counterparts together shall constitute one and the same document, and any counterpart signature pages may be detached and assembled to form a single original document. This Agreement may be executed by signatures transmitted by facsimile, adobe acrobat or other electronic image files and these signatures shall be valid, binding and admissible as though they were ink originals.

29. Time of Essenqe. Time is of the essence of each provision of this Agreement.

30. Binding Upon Suceessors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors ofthe parties hereof.

31. Offer. Any delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to whom delivered, and neither the delivery ror any prior communications between the parties, whether oral or wriuen, shall in any way be construed as an offer by Purchaser or Seller, nor in any way imply that Purchaser or Seller is under any obligation to enter the transaction which is the subject of this Agreement. The signing of this Agreement by Seller constitutes an offer which shall not be deemed accepted by Purchaser unless and until this Agreement has been executed on behalf of Purchaser by its City Manager or his/her designee after adoption of a resolution or minute action by the City Council of the City of San Rafael. Seller agrees that this offer shall be acceptable and cannot be revoked for a period of 30 days following presentation by Seller.

32. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.

OAK #4831-3129-6135 vZ 11

33. Legal Advice. Each party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreementl ffid, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attomeys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

34. Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably nece$sary, helpful, or appropriato to carry out the purposes and intent of this Agreement.

35. Reservation of City's Riqht to File Suit. Seller understands and acknowledges that if for any reason this Agreement is terminated, Purchaser expressly reserves its rights to bring an action in the Superior Court of the State of California, County of Marin, pursuant to the requirements set forth in the eminent domain statutes of the State of California.

IN MTNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

SELLER: PURCHASER:

DANIEL M. HUMPHREYS AND
THERINE F. HUMPHREYS
By:

Exhibit A
Exhibir B
Exhibit C
Name: DANIEL M. HUMPHREYS
By:

Name: KATHERINE F
Legal Description and Plat Map of the Easement Area
Form of Easement Deed and Certificate of Acceptance
FIRPTA Certificate

CITY OF SAN RAF''AEL, A
California municipal corporation
By:

Name:

Its:

OAK #483 1-3 129-6735 v2 t2
EXHIBIT A * I..EGAL.PESCRIPTION AND PLAT MAPS

ROADWAY EASEMENT
EASEM€NT AREA:
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i'.r:.'.r,i';i.r,:r' ,r! _-:l;ltl 1,^;ir:,1 .l',1 (.rl !i:t.:ti::frePolNToFB€GtNNING':f t,,i,r.r.Jri.i, "'i,i.,,,ijf:{ iri,il ',.i,.tr r { ti 'l irlj.,,il i.,1,!it- ,, ,l il ,it \il lj , t. Jil.}i.t ir.r,:
:'-i:,"ii i\-ii':ii it:: '13 itil F,i.it lrll : i i{,i,l f i,'r r-. iji:,11"; :i';i1 i,;r'. 5,1 1.j 'i,ij.,'.;:::
. "t: :ltl:1, i:,: 'l j r-1 i.rr: Ji..)il lrji,1 ir: :' r. POINT OF BEGINNING .. I ' r. ''1irrri rrrlrr..rl..it llL,rr ::l,ll l;rr, r: iri i.;',r-j i r.rrrl,i- 'r: -ii..t :'l !t:ri,-rri.,iirri: I'l)il ar ti,:,,) l-1.:r r, |1 lil.l' i1r i,l:-,ili ':l i-rl'rtji'/i-;,.r1 f,.:it,:.''' I.4.: r,, i-|r"t: ilrilrrlir

SLOPE EASEMENT
EASEMENT AREA:
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OAK #483 1-3 129-6735 v2
Exhibit A
or
NG
6qVO
APN 013-181-09

POINI OF

COMMENCEMENT
APN 013-135-04
N0519'00'E 10.15'
()
T1 [:

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11.27'
APN 013-171*05
TlE: N75'58'0O'W

29.01'
+s
APN 013-'.l 71-04

REFERENCE
O FoUND 1 t2" rP & cAP srAiIPED,
"LS 4794"! 31 0S 25
20 'to a 20
re
solr f$t
PLS 8940
ENGII\EERS T 5 JBVEV0FS T PL,dNNEIS
lir Bht 4040 clvlc CENTER DR, #530
SAN RAFAEL, CA 949OJ PH: 41 5-910-7960
FAx:415-930-7979
S:biect 78 SOUTHERN HEIGHTS ELVD

ROAOWAY E
By DAC Do t e 'APR 2021 Ct" k d JPS
sH[[T 2 0F 4
191384-la-ROA,D-SLOpE-E)6S]*E 2011 ,.-I r.i, '.,' ,
OAK #483 l-3 129-6735 vZ
Exhibit A
BoUrtt$U
4€lo,rr.9
\
*
APN 0'13-135-04
N0519'00'E

13.16'
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34.0O'
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APN 013-171-05
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5.77' $s
sl4t2'OO'W IO.OO' "$ s75'56'@'E 6.97'
APN 01 3-171-O+ 10.11'

REFEBENCE
O FouNo 1 tz' rP & cAP STAMPED,
'Ls 4794-, 31 0S 25
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acolc '1" : 20' lal P SHATTUCI( PI^g
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P
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ENGII-EEHS SJBVEVOES i PLANNEqS
Subiect 78 S0UIHERN HEIGHTS BLVD
sloPE resrurnr
By DAC Oote APR 2021 Chkd.JPS
SHETT 4 OF 4
i tgtg84-rr-toF6-sloPE-Ext{s:.,r,': rr 2o2i 1r; ' t lir !:n; r:j OAK #483 1-3 129-6735 v2
Exhibit A

EXHIBIT B

EASEMENT DEEI)
Recording Requested by and
After Recordation Mail to:

City of San Rafael
1400 Fifth Avenue
San Rafael,CA 94901
Attention:

This document is exemptfrom the
payment ofa recordingfee pursuant to Government Code I 27383

EASEMENT GRANT DEED
WHEREAS, DANIET M. HUMPHREYS AND KATHERINE F. HUMPHREYS ("Grantor") are the owners of that certain real property in the City of San Rafael, County of Mariru State of California, APN 013-17LA4, commonly known as 78 Southern Heights Boulevard, San Rafael, California, 94901, as more particularly described in that grant deed filed as Document No. 2017-0024838, in the Official Records of the County of Marin ("Property").

WHEREAS, Grantor desires to grant the City of San Rafael, a California municipal corporation ('Grantee"), for itself, its successors and assigns and all those taking by, under or through it or them, a roadway and slope easement on the Properly.

NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, an easement to construct, reconstuct, install, operate, inspect, maintain, replace, remove and use as a roadway, together with the right of surface ingress and egress for service vehicle access to said facility and the right to use said easement for staging during periods of construction, reconstruction, installation, inspection, maintenance, replacement, and removal in, on, across, undef, and through that portion of the Property, and a slope easement for slopes of cuts and fills adjacent to such right of way, for purposes of excavating, sloping, cutting, filling, and erection of supporting retaining walls or other similar facilities, as depicted and more particularly described in Attachment I attached hereto and incorporated herein, and a slope easement for the right to construct, replace, remove, maintain or modifr slopes in, upon, over, and across that portion of the Property depicted and more particularly described in Altachment I attached hereto and incorporated herein. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto.

OAK #4831-3129-6735 v2
Exhibit B
IN MTNESS WHEREOF, the Grantor has caused this Easement Grant Deed to be executed as ofthe _ day of 2023.

GRANTOR:

DANTEL M. HTIMPHREYS AND KATHERINE F.

HUMPHREYS
By:
[Notary acknowledgment required]
Name: DANIEL M. HUMPHREYS
By:
[Notary acknowledgment required]
NaMe: KATHERINE F. HUMPHREYS
OAK #4831-3129-6735 v2
Exhibit B
Attachment 1

ROADWAY EASEMENT
CASEMENT AREA:

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,,ri: f'lr::rl" il1 '!r Llil illi,.r: i:i. ji' ii:,{r.:

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EASEMENT AREA:
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Exhibit B
1S'1S84-14-iiOAo-SLOPE-E)+lBrt*9. i 1'021 i:. I I l, ii ;ii Plat Map of Road Easement
saurH*^t
g€/o,gI.s

POINT OF

BEGINNING
APN 013-181-09

POINI OF

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APN 013-135-04
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t\!/'
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HEFEBENCE
O F0UND 1 tz' tP & cAP STAMPED,
"LS 4794" 3t 0S 25
2A10070 re
scolc let 6940
PLS 8940
P
'sr Bltt Subiect 78 SOUIHERN HEI6HTS BIVD
Roe0wnY rasrrrrrrut
Job No 201 91 984-l 4
By DAC Date APR 2021 Chkd JPS
SHIIT 2 OF 4
4O4O CI\4C CENTTR DR. #53O
ENGlheEFs. SJnuEuqFS ] PLII.INEIS
SAN RAFAEL, CA 949OJ PH: 415-9lO-7960
FAX: 415-9J0-7979
OAK #483 r-3 129-6't35 vZ
Exhibit B
BLvo
191S4+-14-ROAD-SLOFE-E[{B:d.g 2021 r'r rr,: "]' rr'
PlatMap of Slope Easement
APN 013-135-04
N0519'00"E

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3'20'00"E

11.27'
APN 013-171-05
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s1+'02'00'lv 10.00'
s75'59'00'E 6.97'
APN 01J-171-04 NE6'46'00-E

10.11'

REFERENCE
O FouNo 1 tz' tP & cAP STAMPED,
"Ls 4794" 31 0S 25
2o10020 re
&ol! iat
PLS 6940
iil Bht 4040 Ctvtc CENIER DR, #53O
SAN RAFAIL, CA 949OJ
Sub,ect 78 SOUIHERN Htl6HTS BIVD
sroFr rnsrr,lrNr
8y DAC Dote APR 2021 Chkd.JPS
PH; 415-9J0-
FAX:415-930-
7950
7979
EFiGII.EEBS, SJFVEVOFS : Pi.ANI.IE+s SHTET 0F4
OAK #4E3 l-3 129-6735 v2
Exhibit B
:
i
i
i
i
l
I
APN 013-181-09

POINT OF

COMMTNCEMENT
BourileEN N7559'00'W

16.79'
,?sr6,rrs
B{vo

POINT OT

BTGINNING
Certificate of Accepknce
This is to certifu that the interests in real property conveyed by the Easement Grant Deed dated 2023, from DANIEL M. HUMPHREYS AND KATHERINE F.

HUMPHREYS, as grantor, to the City of San Rafael, a municipal corporation, as grantee, are hereby accepted by the City Manager of the City of San Rafael pursuant to authority conferred by ResolutionNo. of the City Council adopted on 2023, and the City of San Rafael, as grantee, consents to recordation of said Easement Grant Deed.

Date: 2423 By
City Manager
OAK #4831-3 129-6735 v2
Exhibit B

EXHIBIT C

FIRPTA AT 'IDAVIT
Section 1445 of the Intemal Revenue Code of 1954, as amended ("Code"), provides that a transferee of a U.S. real properly interest must withhold tax if the transferor is a foreign person.

To infomr the transferee that withholding of tax is not required upon the disposition of a U. S. real properly interest by DANIEL M. HUMPHREYS AND KATHERINE F. HUMPHREYS, as Transferors, the undersigned hereby certifies the following:

1. Each of the Transferors is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder) ;

2. The Transferors' LJ. S. employer identification number or social security number are [].

3. The Transferors' office address or mailing address is [] The Transferors understand that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalty of perjury the undersigned declares that he/she has examined this Certification and to the best of hisiher knowledge and belief it is true, correcL and complete, and further declares that he/she has authority to sign this document on behalf of the Transferors.

Dated: 2023
By
DANIEL M. HUMPHREYS, a natural
person
By:

OAK #4831-3129-6735 v2
Exhibit C
KATHERINE F. HUMPHREYS, A
natural person

CONSENT OF ESCROW AGENT
Escrow Agent hereby acknowledges receipt of this Agreement, which has been executed by the parties. Escrow Agent hereby agrees (i) to be and serve as Escrow Agent pursuant to this Agreement; and (ii) subject to further supplemental escrow instructions mutually agreeable to the parties and Escrow Agent, to be bound by the Agreement in the performance of its duties as Escrow Agent and to hold and disburse all funds received by Escrow Agent in accordance with the provisions of this Agreement; provided, however, Escrow Agent shall have no obligation, liability, or responsibility under any amendment to the Agreement unless and until the same is accepted by Escrow Agent in writing. Escrow Agent further agrees to immediately deliver to each of Seller and Purchaser's counsel one original counterpart of this Agreement executed by the Parties and Escrow Agent. Escrow Agent has assigned this Agreement file number

OLD REPTIBLIC TITLE COMPANY
By:

Name:

Its:

OAK #4831.312%6135 v2
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.h
Meeting Date: May 1, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Joanna Kwok, Senior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: SPINNAKER POINT PARKING MODIFICATION PROJECT NOTICE OF COMPLETION SUBJECT: ACCEPT COMPLETION OF THE SPINNAKER POINT PARKING MODIFICATION PROJECT (CITY PROJECT NO. 11363), AND AUTHORIZE THE CITY CLERK TO FILE

THE NOTICE OF COMPLETION
RECOMMENDATION:

Accept completion of the Spinnaker Point Parking Modification Project and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

The City had identified the opportunity to increase on-street parking spaces along Spinnaker Point Drive by converting the existing parallel parking on the north side of the street, adjacent to the Albert J. Boro Community Center, into angled parking. The project incorporated angled parking in the street by reconfiguring the existing roadway, narrowing the median, and shifting the sidewalk to the north to align with the future Tiscornia Marsh Habitat Restoration project led by the Marin Audubon Society. The conversion to angled parking on the north side of Spinnaker Point Drive between Bahia Way and the crosswalk west of Portsmouth Cove resulted in 42 parking spaces, two of which are accessible parking spaces. This nearly doubled the number of existing parallel parking spaces that were replaced at this location. Other completed improvements include new curb and gutter, widened sidewalk to enhance the pedestrian experience, and streetlights to improve visibility and safety of the area.

A portion of the sidewalk was temporarily paved with asphalt and will be finished with concrete upon adjustment of utility box by PG&E. Installation of the project bioretention area was deferred to not delay the project construction as unforeseen utility conflicts were being resolved. As such, City staff will procure a contractor to complete both the concrete sidewalk and install the project bioretention area at a later time in coordination with the utility box adjustment.

The Spinnaker Point Parking Modification Project was advertised in accordance with San Rafael’s Municipal Code on June 23, 2022, and sealed bids were publicly opened and read aloud on July 19, 2022. On August 1, 2022, the City Council adopted a resolution authorizing the City Manager to enter SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
into an agreement with the low bidder, Michael Paul Company Inc., in the amount of $844,693 and approving a construction contingency of $125,307 for a total appropriation in an amount of $970,000.

City staff have performed the final inspection and determined that all work has been satisfactorily completed in accordance with the project plans and specifications. City staff recommends that the City Council accept the project.

ANALYSIS:

Pursuant to Civil Code Section 8182, the City records a Notice of Completion upon City acceptance of the improvements. This acceptance initiates a time period during which project subcontractors may file Stop Notices seeking payment from the City from the funds owed to the Contractor for the project work.

FISCAL IMPACT:

No fiscal impact is associated with accepting this report.

RECOMMENDED ACTION:

Accept completion of the Spinnaker Point Parking Modification Project and authorize the City Clerk to file the Notice of Completion.

ATTACHMENTS:

1. Notice of Completion
Spinnaker Point Parking
Modification Project 2023 Form NOTICE OF COMPLETION

Page 1 ends

San Rafael City CouncilMay 1, 2023

San Rafael City Council
May 1, 2023