San Rafael City Council
January 20, 2026

2. DAVIS-BACON ACT
(a) The AGENCY head shall cause or require its contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in §5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):
(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The AGENCY’s contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The AGENCY’s contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
( 1 ) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
( 2 ) The classification is utilized in the area by the construction industry; and ( 3 ) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the AGENCY’s contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
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shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The AGENCY’s Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the AGENCY’s contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the AGENCY’s contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the AGENCY’s Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the AGENCY’s contractor does not make payments to a trustee or other third person, the AGENCY’s contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from its contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the AGENCY may, after written notice to its contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the DavisDocusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
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Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. AGENCY’s contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The AGENCY’s contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Highway Administration (FHWA and/or FTA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the FHWA and/or FTA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The AGENCY’s prime contractor is responsible for the submission of copies of payrolls by all subcontractors. AGENCY’s contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the FHWA and/or FTA if the agency is a party to the contract, but if the agency is not such a party, the AGENCY’s contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the FHWA and/or FTA, the AGENCY’s contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a AGENCY’s prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the AGENCY’s contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
( 1 ) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; ( 2 ) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; ( 3 ) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The AGENCY’s contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the FHWA and/or the FTA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the AGENCY’s contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees —(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the AGENCY’s contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a AGENCY’s contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the AGENCY’s Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The AGENCY’s contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The AGENCY’s contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the FHWA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The AGENCY’s prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility. (i) By entering into this contract, the AGENCY’s contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the AGENCY’s contractor's firm Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
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is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The AGENCY shall cause or require its contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by §5.5(a) or4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No AGENCY contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such AGENCY’s contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the AGENCY’s contractor or subcontractor under any such AGENCY contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The AGENCY’s contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The AGENCY’s prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §5.1, the AGENCY shall cause or require the contracting officer to insert a clause requiring that the AGENCY’s contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
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name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

Further, the AGENCY shall cause or require the AGENCY’s contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the AGENCY’s contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.
(The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget:

Paragraph OMB Control Number
(a)(1)(ii)(B) 1215–0140
(a)(1)(ii)(C) 1215–0140
(a)(1)(iv) 1215–0140
(a)(3)(i) 1215–0140,
1215–0017
(a)(3)(ii)(A) 1215–0149
(c) 1215–0140,
1215–0017
[48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]
Effective Date Note: At 58 FR 58955, Nov. 5, 1993, §5.5 was amended by suspending paragraph (a)(1)(ii) indefinitely.

3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act - (i) The AGENCY’s contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926.

Among other things, the AGENCY’s contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The AGENCY’s contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
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the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.

4. COPELAND ANTI-KICKBACK ACT
Compliance with Copeland Act requirements - The AGENCY’s contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY’s prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating AGENCY’s prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

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EXHIBIT B-6

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171)
Recitals
WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority (“BATA”) which is a public instrumentality governed by the same board as that governing MTC; and
WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and 30914; and WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and WHEREAS, on November 8, 1988, voters approved Regional Measure 1 (“RM1”), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and WHEREAS, on March 2, 2004, voters approved Regional Measure 2 (“RM2”), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and
WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and
WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and
WHEREAS, AGENCY submitted one or more allocation requestsfor RM2, AB 1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY’s resolution(s) approving the allocation request(s) are attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and
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WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment A as Attachment C, MTC Resolution(s) Approving Project Request, MTC approved AGENCY’s request(s) for the applicable funds for the applicable Project.

I. AGENCY AGREES
A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attachment A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request.

B. AGENCY shall provide MTC with annual progress reports on or before each July 31 throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636.

C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RM1, RM2 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RM1, RM2 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC.

D. AGENCY agrees to spend RM1, RM2 and/or AB 1171 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment E, Reimbursement Schedule.

E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM1, RM2 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised, as well as the provisions of MTC’s RM2 Policy Guidance contained in Attachment D, MTC Resolution No. 3636, relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 from time to time. The AGENCY agrees to comply with the most current Resolution that is approved at any given time.

F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report, as it may be updated from time to time. Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement.

G. AGENCY certifies that:
• The Project is consistent with the Regional Transportation Plan (“RTP”).

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• All environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment.
• The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement.
• AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A. • If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised.
• If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c).
• If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 31010(b).
• The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Sections l5000 et seq.), and if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder.
• There is no legal impediment to AGENCY making allocation requests for RM1, RM2 and/or AB 1171 funds, as applicable.
• There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project.

H. In addition to AGENCY’s commitment under Article 10, INDEMNIFICATION, of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law,so much of the funding due under this allocation of RM1, RM2 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.

I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC’s percentage participation in the Project. MTC’s percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement Schedule, as updated from time to time, as such amount may be adjusted to reflect total project costs.

J. Project assets purchased by AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC’s Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
Master Funding Agreement

option) based on MTC’s share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM1, RM2 and/or AB 1171 funds, as applicable, were originally used.

K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two signs visible to the public stating that the Project is funded with RM1, RM2 and/or AB 1171 funds, as applicable.

L. AGENCY’s City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies.

M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised, and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request.

II. MTC AGREES
A. MTC agrees to provide AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A.

The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY’s allocation request from the State according to the Allocation Request Schedule provided in Attachment F to the applicable Supplement.

In the event AGENCY does not use all RM1, RM2 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement.

III. IT IS MUTUALLY AGREED
A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY’s performance hereunder; or (ii) disrupts MTC’s ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owesto the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement.

B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
Master Funding Agreement

serving a sixty (60) day advance written notice of termination on AGENCY, setting forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC’s satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default.

C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RM1, RM2 and/or AB 1171 funds, as applicable, expended that exceed MTC’s proportionate share of eligible costs for the Project.

D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred.

E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised, or on the termination date, if any, set forth in the Supplement, whichever is sooner.

F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein.

Attachment A – Updated Initial Project Report (Allocation Request) Attachment B – AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C – MTC Resolution(s) Approving Project Request(s) Attachment D – MTC Resolution No. 3636, Revised
Attachment E – Reimbursement Schedule
Attachment F – Allocation Request Schedule
Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
Master Funding Agreement

EXHIBIT B-7

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ)

1. TERMINATION
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable. If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product.

2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.

AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.

3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY’s books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4.

AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term “contract” as used in this clause excludes agreements not exceeding $25,000.

4. LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data, and products (“Work Products”) developed, prepared, or assembled by AGENCY or AGENCY’s consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
Master Funding Agreement

third party, without the approval of AGENCY or AGENCY’s consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY’s consultant(s) or subconsultants purchase ownership under this Agreement.

5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.

6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.

AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate.

7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21).

8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.

9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).

10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.

Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 MTC/City of San Rafael
Master Funding Agreement

11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.

13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments.

14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein incorporated by this reference and made a part hereof.

AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.

15. IDENTIFICATION OF DOCUMENTS
AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page:
“The preparation of this report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation.”
Docusign Envelope ID: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 Certificate Of Completion
Envelope Id: 52EB7872-FDED-4007-8B18-B51AEB42E6E3 Status: Sent Subject: DocuSign: PSA with WRT Design for SESR Specific Plan Source Envelope:

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Certificate Pages: 4 Initials: 1 Ariel Gutierrez
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111 Morphew St
San Rafael, CA 94901
[email protected]
IP Address: 199.88.113.8
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1/16/2026 12:31:37 PM
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Agenda Item No: 2.d
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio, Finance Director City Manager Approval:____________ TOPIC: VOTER-APPROVED TAX OVERSIGHT COMMITTEE (VATOC) ANNUAL

REPORT AND BYLAWS AMENDMENT
SUBJECT: PRESENTATION OF VOTER-APPROVED TAX OVERSIGHT COMMITTEE’S (VATOC) ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2025

AND RESOLUTION AMENDING THE BYLAWS OF THE VOTER-APPROVED TAX OVERSIGHT COMMITTEE ESTABLISHED BY RESOLUTION NO. 15118, ADOPTED ON SEPTEMBER 6, 2022

RECOMMENDATION
Staff recommend that the City Council:
1) Accept the Annual Report from the Voter-Approved Tax Oversight Committee for the fiscal year ended June 30, 2025, and
2) Adopt a Resolution amending the bylaws of the Voter-Approved Tax Oversight Committee established by Resolution 15118, adopted on September 6, 2022

BACKGROUND
The Voter-Approved Tax Oversight Committee (VATOC) was formed in September 2022 to consolidate oversight of the City’s voter-approved tax measures into one five-member committee.

The committee provides independent oversight of all San Rafael voter-approved tax measures, Measures D, E, G, and R, to ensure the funds have been expended in accordance with the authorized purposes and prepares and submits to the City Council an annual report on the audited expenditures and revenues from each tax measure from the previous fiscal year. For the upcoming FY2025-26 fiscal year, the newly approved Measure P parcel tax will be included as part of the Committee’s review.

At their meeting of October 27, 2025, the Voter-Approved Tax Oversight Committee reviewed the unaudited financial results for the fiscal year ended June 30, 2025, for all tax measures under the committee’s oversight purview. The VATOC met again on December 11th to review final, audited financial results for each of these tax measures. There were no changes or revisions to the financial results between the unaudited results reported on October 27th and the audited results presented at the December 11th meeting.

At the December 11th meeting, the VATOC also considered its Annual Report to the City Council, and public which fulfills the requirement of Section 1.3.4 of the Committee’s bylaws, as adopted by the City Council on September 6, 2022 via Resolution No. 15118. As part of its annual report to the City Council the Committee is recommending, for Council consideration, a modification to the Committee’s bylaws. The recommended revision serves to clarify the VATOC’s oversight role in relation to general purpose tax measures.

VOTER-APPROVED TAX OVERSIGHT COMMITTEE ANNUAL REPORT / Page: 2

ANALYSIS
Measure D: Library Parcel Tax
In 2016, San Rafael voters renewed an annual parcel tax to fund opening hours and services for the San Rafael Public Library. As a special-purpose tax, the revenues from Measure D can only be spent for library services in San Rafael to maintain hours of operation and provide services, equipment, programs and materials at the San Rafael Public Library. Measure D is scheduled to expire in 2026.

The audited financial statements for FY 2024-25 show Measure D revenues of $1,225,316, expenditures of $1,283,185 and an ending fund balance of $794,877. The accumulation of fund balance is a result of two primary factors over the life of the tax: vacant staff positions funded by the Parcel Tax, and the growth of small amounts being underspent in various line items over the life of the tax.

The audited capital set-aside fund balance was $100,338. This capital set-aside was earmarked for new and improved library facilities as directed by the City Council as part of the previous Measure C, and was capped at $500,000. For FY25-26, Council has allocated $48,070 of the Measure C-Capital Set Aside fund balance to support the Downtown Library renovation and $51,930 to support the Pickleweed Branch renovation.

For FY 2025-26, staff have budgeted for $1,259,143 in revenues and $1,863,121 in expenditures.

The FY 2025-26 budget would result in year-end fund balance of $191,650. In addition to ongoing operations and programs, staff plan to implement additional service and facility improvements.

Measure G: Cannabis Industry Tax
In 2018, San Rafael voters approved Measure G, a business excise tax on cannabis businesses.

Measure G allows for a tax on cannabis businesses operating in the City of up to 8% on gross receipts, and taxes different types of businesses at different rates. Current rates can be found on the City’s website. Measure G funds can be used for a variety of purposes, including police and fire services, street repair and improvements, and enhancing community centers. Measure G does not have an expiration date.

During FY 2024-25, total revenues reported in the Measure G Fund (216) were $170,698, including $132,716 in tax revenues and $37,983 in interest earnings. Expenditures charged to Measure G for the fiscal year totaled $167,133. The decrease in Measure G revenues from FY 2023-24 to FY 2024-25 can be attributed to ongoing challenges in the cannabis market as well as the temporary decrease in the cannabis tax rate from 4% to 2% for delivery non-storefront license types, effective January 1, 2023. The cannabis tax rate for these license types was further reduced to 1%, effective January 1, 2025. For FY 2025-26, staff have budgeted for $110,000 in Cannabis Industry Tax revenues and $145,373 in expenditures.

On January 27, 2023, the San Rafael City Council committed the majority of the existing fund balance of $968,251 to support the pilot Specialized Assistance For Everyone (SAFE) Team, which began in late FY 2022-23. The program has been initially supported using funds from the City’s opioid settlement and grant funds, after which cannabis tax revenues are being utilized.

Staff plan to return to Council at mid-year based on actual program needs and adjust transfers out to support the program’s operations.

VOTER-APPROVED TAX OVERSIGHT COMMITTEE ANNUAL REPORT / Page: 3 Measure E: Transactions and Use Tax (0.75%)
San Rafael voters passed Measure E in 2013. Measure E is a three-quarter cent general purpose transaction and use tax. In 2014, the City Council directed that $0.25 (or one-third) of Measure E proceeds be earmarked to support essential facilities in San Rafael, including critical improvements to our public safety facilities. Construction of the Public Safety Center was completed in 2020, and a variety of other facility construction and improvements identified in Phase 1 of the Essential Facilities master plan were completed in FY 2023-24, including renovation of Fire Station 54. Measure E is scheduled to expire in 2034.

During FY 2024-25, a total of $14,739,752 of Measure E revenues collected by the City. The majority of Measure E tax proceeds ($9,826,501) are considered discretionary general fund revenues. This funding makes up a significant portion of the City’s General Fund revenues supporting general government, public safety, community development and library/recreation programs and services. The City does not track expenditures specific to Measure E revenues collected within the General Fund.

For FY 2024-25, $4,913,251 in tax proceeds (one-third) represents funding earmarked for essential facilities. A majority of the funds allocated for essential facilities are utilized to pay debt service for the Public Safety Center, totaling $4,398,250. Since debt service payments are presently budgeted within the General Fund, the remaining portion of Measure E funds earmarked for essentially facilities, net of debt service payments, are in turn transferred to the Measure E – Essential Facilities Fund (420). For FY 2024-25 a total of $353,500 was transferred to the Essential Facilities Fund.

The FY 2024-25 budget included $883,450 in Capital Project appropriations within the Essential Facilities Fund. Capital expenditures recorded at year-end totaled $744,275 or $139,175 below budget. Capital expenditures included funding to complete renovations at Fire Stations 54 & 55 as well as re-purposing of space within City Hall. The balance of funds are anticipated to be carried-over to complete projects identified in the Phase 1 Essential Facilities Master Plan.

For FY 2025-26, staff have budgeted for total Measure E revenues of $14,609,000 based on projections from HdL. A transfer of $290,417 net of debt service payments, is budgeted within the Essential Facilities Fund for FY 2025-26. The FY 2025-26 Capital Budget includes appropriations of $880,000 to support ongoing projects as well as a new project to upgrade the Public Safety Building antennae and communications network.

Measure R: Transactions and Use Tax (0.25%)
Measure R was passed in 2020 by San Rafael voters. Measure R is a one-quarter cent general purpose transactions and use tax, often referred to as a local sales tax. Funds from this measure go to the General Fund and support a variety of City operations, including public works, recreation and library, administrative services, and public safety. Measure R is scheduled to expire in 2030.

FY 2024-25 was the fourth full fiscal year of Measure R tax receipts, during which $4,865,497 of revenues were received. For FY 2025-26, staff have budgeted $4,870,000 in Measure R revenues based on projections from the City’s sales tax consultants, Hdl.

Measure P: Main Library and Community Center Special Tax In November 2024, San Rafael voters passed Measure P, a citizen’s initiative to fund a new main library and community center at Albert Park. Measure P represents a significant investment in our cultural and civic institutions and will be one of the largest capital projects that San Rafael has undertaken in recent years. The new library and community center will be a vibrant community resource for San Rafael, providing a hub for civic, cultural, and social enrichment and VOTER-APPROVED TAX OVERSIGHT COMMITTEE ANNUAL REPORT / Page: 4 connection. For FY 2025-2026, staff have budgeted for $6,320,000 in Measure P revenues based on projections from the City’s sales tax consultants, NBS, and $1,625,000 in expenditures to support capital project management services.

Recommended Revisions to Voter-Approved Tax Oversight Committee Bylaws.

As part of the Voter-Approved Tax Oversight Committee’s Annual Report to the City Council, the VATOC is requesting consideration of amending its bylaws to clarify applicability of the bylaws and to assist the Voter-Approved Tax Oversight Committee in the exercise of its responsibilities, as it relates to oversight of expenditure of voter-approved tax measures that are approved as general taxes. These revenues are deposited into the General Fund to be used for any general government purposes and expended as the City Council shall, in its discretion, determine. Absent a mechanism to separately track and report the expenditure of individual general purpose tax revenues, the oversight role is largely limited to reviewing the revenues collected and the deposit of these revenues to the General Fund.

As such, the Committee recommends that Section 1.3.3 of the Voter-Approved Tax Oversight Committee bylaws be amended as follows:

1.3.3 Review annual reports prepared by the City’s Finance Department that track a) the receipt and spending of each Measure’s tax funds revenues, b) the expenditure of funds for each special tax measure and c) any funds from general tax measures that are specifically earmarked by the City Council for a particular purpose through the annual budget process.

Staff is supportive of the VATOC’s recommended amendments to its Committee bylaws. A resolution has been prepared for City Council consideration to implement the proposed language revisions (See Attachment 2).

RECOMMENDATION
Staff recommend that the City Council:
1) Accept the Annual Report from the Voter-Approved Tax Oversight Committee for the fiscal year ended June 30, 2025, and
2) Adopt a Resolution amending the bylaws of the Voter-Approved Tax Oversight Committee established by Resolution 15118, adopted on September 6, 2022 ATTACHMENTS:

1. Voter-Approved Tax Oversight Committee Annual Report FY2024-25

2. Resolution Amending the Voter-Approved Tax Oversight Committee Bylaws A. Voter-Approved Tax Oversight Committee Bylaws (as proposed)

3. Redline version of proposed amendments to Voter-Approved Tax Oversight Committee bylaws

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE

BYLAWS OF THE VOTER-APPROVED TAX OVERSIGHT COMMITTEE ESTABLISHED BY RESOLUTION NO. 15118, ADOPTED ON SEPTEMBER 6, 2022
WHEREAS, the Voter-Approved Tax Oversight Committee was established by the City Council through adoption of Resolution 15118, adopted on September 6, 20233; and WHERAS, Resolution 15118 also adopted bylaws of the Voter-Approved Oversight Committee, including its responsibilities and duties; and, WHEREAS, among the responsibilities and duties of the Voter-Approved Tax Oversight Committee is a provision that required the Committee to “review annual reports prepared by the Finance Department that track the receipt and spending of each Measure’s tax funds; and, WHEREAS, the Voter-Approved Tax Oversight Committee, through its Annual Reports to the City Council, has identified the challenge in reviewing the expenditure of general tax revenues that are deposited and expended through the City’s General Fund; and, WHEREAS, in its review of the Voter-Approved Tax Oversight Committee’s Annual Report for the 2023-24 fiscal year the City Council’s Finance Subcommittee suggested that the Committee consider recommending language revisions to the bylaws to clarify the oversight role as it relates to general tax revenues; and
WHEREAS, at their meeting of December 11, 2025 the Voter-Approved Tax Oversight Committee adopted its Annual Report for the 2024-25 fiscal year, which included proposed revisions to section 1.2.3 of its bylaws to provide this clarification; and, WHEREAS the Voter-Approved Tax Oversight Committee’s Annual Report for fiscal year 2024-25 has been transmitted to the City Council via the agenda for the meeting of January 20, 2026 to include the recommended revision to the Committee’s bylaws.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby adopts the amended bylaws of the Voter-Approved Tax Oversight Committee, as specifically delineated in Exhibit “A” attached hereto and incorporated herein.

I, LINDSY LARA, CLERK of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting, held on the 20th day of January 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:
___________________________
LINDSAY LARA, City Clerk
Voter Approved Tax Oversight Committee Bylaws

VOTER APPROVED TAX OVERSIGHT COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Voter Approved Tax Oversight Committee, hereinafter referred to as the “Committee.” Section 1.2. Purpose. The Committee’s purpose is to review the collection and expenditure of voter approved tax revenues collected under the authority of voter-approved City tax measures and Resolution 15118 adopted by the San Rafael City Council on September 6, 2022.

Section 1.3. Committee Responsibility. The Committee’s authority is oversight only.

The responsibilities and duties of the Committee shall be limited to:

1.3 Review expenditures of Measure tax revenues to ensure the monies have been expended in accordance with the authorized municipal purposes of each Measure.

To complete this review, the Committee shall:

1.3.1 Understand allowable expenses of each existing Measure’s tax funds (as identified in the enacting Municipal Ordinance)

1.3.2 Review documentation from City Council and from City Council-appointed advisory committees that pertain to the prioritization of use of each Measure’s tax funds.

1.3.3 Review annual reports prepared by the City’s Finance Department that track a) the receipt and spending of each Measure’s tax funds revenues, b) the expenditure of funds for each special tax measure, and c) any funds from general tax measures that are specifically earmarked by the City Council for a particular purpose through the annual budget process.

1.3.4 Prepare and submit to the City Council and the community an annual public report on the expenditures of each Measure’s tax revenues for the previous fiscal year.

1.3.5 Fulfill the final responsibilities of each Measure’s responsibilities at the Measure’s termination, repeal or extension: Before submitting a final report:

Review and report on the final expenditures of each Measure during the previous fiscal year, through its termination, to ensure that monies have been expended consistent with the authorized purposes of the Measure.

Voter Approved Tax Oversight Committee Bylaws

The Committee shall not:

1. Have any budgetary decision authority, shall not allocate financial resources, and shall not make budget or service recommendations to the City Council.

2. Have authority to direct, nor shall it direct, City staff or officials.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Voter Approved Tax Oversight Committee shall consist of five (5) voting members.

Section 2.2. Eligibility. Members of the Committee shall be at last 18 years of age and reside within the City limits.

Section 2.3. Appointment of Committee Members. Members shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time.

Section 2.4. Terms of Appointment. Each member shall serve a minimum term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Members shall be limited to two (2) consecutive four-year terms.

Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison will constitute an immediate vacancy and shall be considered a voluntary resignation from the Committee. Previously dismissed Committee members may be eligible for reappointment.

Section 2.7. Compensation. Members shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.e
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abraham Roman, Fire Chief
Thomas Wong, Senior
Management Analyst
City Manager Approval: ______________
TOPIC: REPLACEMENT OF SELF-CONTAINED BREATHING APPARATUS SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE

ORDERS FOR SELF-CONTAINED BREATHING APPARATUS FROM SOUTHERN MARIN FIRE DISTRICT, IN AN AMOUNT NOT TO EXCEED $92,170, AND FROM ALLSTAR FIRE EQUIPMENT INC., IN AN AMOUNT NOT TO EXCEED $48,629, AND AUTHORIZING FY 2025-26 SUPPLEMENTAL BUDGET APPROPRIATIONS WITHIN THE FIRE EQUIPMENT REPLACEMENT FUND (625)
RECOMMENDATION:

Staff recommends that the City Council Adopt the Resolution Authorizing the City Manager to Execute a Professional Services Agreement with CSWST2 to Provide Design and Environmental Services for the South Merrydale Road – Civic Center Connector Pathway Project in the Amount Not to Exceed $469,963, and Authorizing FY 2025-26 Supplemental Budget Appropriations within the Fire Equipment Replacement Fund (625).

BACKGROUND:

Firefighters’ self-contained breathing apparatus (SCBAs) are an essential component of life-safety equipment, providing critical protection in burning or smoke-filled structures, hazmat environments, and other situations where respiratory hazards can become dangerous within seconds. Exposure to smoke, toxic gases, and oxygen-deficient atmospheres can quickly incapacitate an unprotected individual and significantly increase the long-term risk of cancer or fatal injury. SCBAs supply firefighters with clean, breathable air, allowing them to conduct fire suppression and, most importantly, perform victim rescue operations safely and effectively. The Fire Department owns sixty-seven (67) SCBAs purchased in 2012, and they typically are replaced at or before 15 years of service.

In December 2024, the San Rafael Fire Department (SRFD), along with Novato Fire District, Southern Marin Fire District, and Tiburon Fire District, submitted a joint FEMA Assistance to Firefighters Grant (AFG) application for new SCBAs. SRFD previously applied independently for SCBAs through AFG in 2021, 2022, and 2023 without success. A joint application is generally favored by AFG as it demonstrates regional collaboration and interoperability. Southern Marin Fire Department took responsibility as the lead agency for the application and was notified in September 2025 that a partial award of $2 million was granted. San Rafael was awarded 34% of that total, or roughly $685,714.

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

A joint committee was formed among participating agencies to determine the best replacement SCBAs for each fire department, with the goal of selecting one SCBA to be used by all departments to reduce costs while prioritizing firefighter health and operational readiness. After careful consideration and with the approval of the SRFD, the committee selected a new SCBA unit that meets all current safety standards while offering reduced overall weight, helping minimize overexertion and lower the risk of injuries or cardiac events during high-intensity operations. The updated packs feature fewer mechanical components to reduce maintenance needs and potential points of failure, and they position the air bottle closer to the body to improve balance and reduce fatigue. Additionally, the new 30-minute, 5500 psi bottles are smaller and lighter, reducing entanglement risk, improving mobility, and reducing physical strain. Collectively, these enhancements support firefighter safety, endurance, and long-term wellness. In addition, this recommendation supports the City Council’s Strategic Plan for Fiscal Years 2025-2028 goal regarding Priority F, “High performing government,” as it promotes “the sensible use of funds in alignment with the City’s priorities and responsibilities.” The partial AFG award did not fully cover the equipment that requires replacement. The Southern Marin Fire District is pre-paying for all items purchased with the AFG grant, including each agency’s grant match. All other items not included in the AFG Award are to be paid for directly by each agency. The City’s total cost for purchasing the new SCBAs is $140,799. Both the Southern Marin Fire District and San Rafael are utilizing the Houston-Galveston Area Council Cooperative Purchase Agreement #EE11- 24, which satisfies the City’s purchasing policy requirements and ensures the City is obtaining the lowest available price.

Funding Amount San Rafael pay to:

San Rafael AFG Grant Award $685,714 N/A
San Rafael AFG Match $92,170 Southern Marin Fire District Additional Equipment Purchases $48,629 Allstar Fire Equipment Inc.

FISCAL IMPACT:

The total cost of purchasing 67 SCBA units is $826,513. San Rafael’s share of the successful AFG Grant Award is providing $685,714, requiring a local match of $140,799. Funding to cover the local match is available within the Fire Department Equipment Replacement Fund (Fund 625) fund balance.

Supplemental FY 2025-26 budget appropriations of $140,799 are required as this purchase was not budgeted in the adopted FY 2025-26 budget, pending the results of the grant award.

While Fire Equipment Fund resources are available for this purchase, future Fire Department equipment replacement needs exceed the available balance within the fund (625). This shortfall is estimated at about $170,000 per year, which will require the City to identify and secure additional revenue to meet future Fire Department equipment replacement needs.

OPTIONS:

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

1. Authorize the City Manager to execute the purchase orders.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council Adopt the Resolution Authorizing the City Manager to Execute a Professional Services Agreement with CSWST2 to Provide Design and Environmental SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Services for the South Merrydale Road – Civic Center Connector Pathway Project in the Amount Not to Exceed $469,963, and Authorizing FY 2025-26 Supplemental Budget Appropriations within the Fire Equipment Replacement Fund (625).

ATTACHMENTS:

1. Resolution

2. San Rafael Fire Department – Allstar Quote for additional purchase RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS

FOR SELF-CONTAINED BREATHING APPARATUS FROM SOUTHERN MARIN FIRE DISTRICT, IN AN AMOUNT NOT TO EXCEED $92,170, AND FROM ALLSTAR FIRE EQUIPMENT INC., IN AN AMOUNT NOT TO EXCEED $48,629, AND AUTHORIZING FY 2025-26 SUPPLEMENTAL BUDGET APPROPRIATIONS WITHIN THE FIRE EQUIPMENT REPLACEMENT FUND (625)
WHEREAS, firefighters’ self-contained breathing apparatus (SCBAs) are an essential component of life-safety equipment, providing critical protection in burning or smoke-filled structures, hazmat environments, and other situations where respiratory hazards can become dangerous within seconds; and
WHEREAS, exposure to smoke, toxic gases, and oxygen-deficient atmospheres can quickly incapacitate an unprotected individual and significantly increase the long-term risk of cancer or fatal injury; and
WHEREAS, SCBAs supply firefighters with clean, breathable air, allowing them to conduct fire suppression and, most importantly, perform victim rescue operations safely and effectively; and
WHEREAS, the Fire Department owns sixty-seven (67) SCBAs, purchased in 2012, and they are typically replaced at or before 15 years of service; and WHEREAS, in December 2024, the San Rafael Fire Department, along with Novato Fire District, Southern Marin Fire District, and Tiburon Fire District, submitted a joint FEMA Assistance to Firefighters Grant (AFG) application for new SCBAs; and WHEREAS, San Rafael was notified in September 2025 that a partial award of $2M was granted to the group and San Rafael was awarded 34% of that total, or roughly $685,714; and WHEREAS, Southern Marin Fire District and San Rafael used the Houston-Galveston Area Council Cooperative Purchase Agreement #EE11-24, satisfying Municipal Code Chapter 2.55 and ensuring the lowest price; and
WHEREAS, funding is available within the Fire Department Equipment Replacement Fund (Fund 625) for the grant match and to complete the purchase; and WHEREAS, Appropriations of $140,799 are required as this purchase was not budgeted in the FY2025-26 budget pending the results of the grant award; NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and City Council of the City of San Rafael hereby authorizes the City Manager to execute purchase orders for self-contained breathing apparatus from Southern Marin Fire District, in an amount not to exceed $92,170, and from Allstar Fire Equipment Inc., in an amount not to exceed $48,629; and be it
FURTHER RESOLVED, that the City Council of the City of San Rafael authorizes supplemental FY 2025-26 budget appropriations within the Fire Equipment Replacement Fund (625) for this purpose.

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 Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

SALES QUOTE
12328 Lower Azusa Road 2613 Barrington Court SOM1006-SAN RAF-REV1 Arcadia, CA 91006 Hayward, CA 94545 Written By
(626) 652-0900 (510) 887-6295 Mark Preisendorf
San Rafael Fire Dept Ship To: TBD
1375 5th Ave .

San Rafael, CA 94901
Phone: Email:

Date Date Required Cust. Order # Tax Exempt # Terms F.O.B. Salesperson Ship Via 12/18/2025 QUOTE Net 30 Destination Bunker Drop Ship
Quantity U/M Price Amount
30 EA 1,026.00 30,780.00
2 EA 1,129.80 2,259.60
1 EA 4,086.32 4,086.32
1 EA 1,789.00 1,789.00
2 EA 2,798.00 5,596.00
Bill To:

Description
Per HGACBuy Solicitation: EE11-24 contract
Published discount is
List price ($5,499.49) - 15% = $4,674.57
The price quoted includes and additional
"Good Customer" Discount of 12.58%
3M/Scott 200972-01 Carbon Cylinder 5500 psi
60 Min. CGA Valve
Per HGACBuy Solicitation: EE11-24 contract
Published discount is
List price ($2,407.86) - 15% = $2,046.67
The price quoted includes and additional
"Good Customer" Discount of 12.59%
201564-12 RIT FAST ATTACK, Medium, 5500psi
Rectus Connection, HT Mask
Per HGACBuy Solicitation: EE11-24 contract
Published discount is
List price ($3,882.25) - 15% = $3,299.94
The price quoted includes and additional
"Good Customer" Discount of 15.21%
3M/Scott 200954-15 RIT III 5500 psi, RECTUS,
UEBSS Connection, MMR for AV3000HT Mask
RIT MMR & Mask included. Cylinder not included
200930-01 Carbon Cylinder, 30 Minute, 5500psi,
With CGA Valve.

Per HGACBuy Solicitation: EE11-24 contract
Published discount is
List price ($1,774.88) - 15% = $1,508.65
The price quoted includes and additional
"Good Customer" Discount of 31.99 %
200969-01 Carbon Cylinder, 45 Minute, 5500psi,
With CGA Valve.

Per HGACBuy Solicitation: EE11-24 contract
Published discount is
List price ($2,168.89) - 15% = $1,843.56
The price quoted includes and additional
"Good Customer" Discount of 38.72 %
Subtotal $44,510.92
Sales Tax 9.250% $4,117.26
Freight $0.00
Total $48,628.18
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.f
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Adeel Shaikh, Junior Engineer
April Miller, Public Works Director

City Manager Approval: ______________
TOPIC: SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR PATHWAY PROJECT SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSWST2 TO PROVIDE DESIGN AND ENVIRONMENTAL SERVICES FOR THE SOUTH MERRYDALE ROAD – CIVIC

CENTER CONNECTOR PATHWAY PROJECT IN THE AMOUNT NOT TO EXCEED $469,963
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with CSWST2 to provide design and environmental services for the South Merrydale Road – Civic Center Connector Pathway Project (“Project”) in the amount not to exceed $469,963.

BACKGROUND:

The Project aims to improve biking, walking, and other non-motorized access by installing a new multiuse path to close a critical active transportation gap under US Highway 101 at the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station, south of the train tracks.

The new multi-use path will replace the existing dark and narrow dirt path under the freeway and provide a more comfortable connection between the Rafael Meadows neighborhood and other neighborhoods west of US Highway 101, where existing multi-use paths on the east side already provide connections.

Additionally, more active transportation users of all ages and abilities are anticipated to use the new pathway as an alternative route to North San Pedro Road and access destinations east of the highway, such as the Civic Center SMART station, Lagoon Park, Civic Center, Venetia Valley Elementary School, and Marin Farmers’ Market. For example, students could bypass North San Pedro Road, which is heavily traveled, during their commutes to and from school.

This project advances the development of an integrated, multi-modal transportation network that serves users effectively and safely while reducing greenhouse gas emissions from community sources, which are two goals of the City Council’s Three-Year Strategic Plan.

ANALYSIS:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The City released a Request for Proposals (RFP) for this Project on October 3, 2025, and received two proposals from qualified firms. After reviewing the proposals, both firms were invited to participate in a video conference interview hosted by the selection committee on November 13, 2025. Selection of the qualified firm was based on criteria specified in the RFP, including, but not limited to, completeness of the proposal, understanding of the project scope of work, ability to meet deadlines and operate within budget, relevant experience and success in similar projects, experience and quality of project team, and familiarity with state procedures.

The selection committee found CSWST2 and their sub-consultants to be the most qualified consultant team for this Project.

The recommended Professional Services Agreement (PSA) with CSWST2 will provide professional services associated with the Project, including project management, public outreach, preliminary engineering, environmental compliance and permitting, right-of-way certification, plans, specifications, and estimates, and construction funding support. Additional optional tasks in the RFP, including bidphase support and construction support services, will be evaluated prior to the construction award and are not part of the current PSA recommendation. City staff reviewed CSWST2’s fee proposal and found it to be complete and within industry standards.

FISCAL IMPACT:

The recommendation in this staff report will authorize the PSA with CSWST2 in an amount not to exceed $469,963. Funding to support this PSA is provided in the Project’s amended FY2025-26 budget. The carry-over of the Project’s available unencumbered FY2024-25 appropriations of approximately $705,000 was approved by the City Council on September 2, 2025. The Project’s FY2024-25 appropriations were primarily funded through the Transportation Authority of Marin (TAM) Measure B and Safe Pathway Funds.

This Project received federal funding from the Reconnecting Communities and Neighborhood grant for the environmental, design, and construction phases. This grant funding was rescinded by Federal action in early 2025. TAM collaborated with the City of San Rafael to shift local grant funding to the Project’s design phase, enabling environmental and preliminary design work on the Project to continue. The City plans to apply for multiple grants over the next couple of years in an attempt to secure construction funding while the design progresses.

OPTIONS:

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

1. Adopt the resolution as presented.

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

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with CSWST2 to provide design and environmental services for the South Merrydale Road – Civic Center Connector Pathway Project (“Project”) in the amount not to exceed $469,963.

ATTACHMENTS:

1. Resolution

2. Draft Professional Services Agreement with CSWST2
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSWST2 TO PROVIDE DESIGN AND ENVIRONMENTAL SERVICES FOR THE SOUTH MERRYDALE ROAD – CIVIC CENTER CONNECTOR PATHWAY PROJECT IN THE AMOUNT NOT TO EXCEED $469,963
WHEREAS, the City of San Rafael (“City”) advertised and solicited a Request for Proposals (RFP) in accordance with the City’s Municipal code released on October 3, 2025, for the project entitled:
“South Merrydale Road – Civic Center Connector Pathway Project” City Project No. C441146310
the Department of Public Works received two proposals; and WHEREAS, staff reviewed the proposals and identified CSWST2 to be the most qualified firm; and
WHEREAS, the cost proposal from CSWST2 was found to be complete and within industry standards; and
WHEREAS, the project has received funding through the Transportation Authority of Marin (TAM) Measure B Funds and TAM Safe Pathways Grant Program to perform an environmental assessment and complete design for the project; and
WHEREAS, funding to support the recommended Agreement is provided within the amended Fiscal Year (FY) 2025-26 budget which reflects carry-over of available unencumbered FY2024-25 appropriations (South Merrydale Road – Civic Center Connector Pathway Project – Gas Tax Fund 206).

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

1. The City Manager is hereby authorized to execute a Professional Services Agreement with CSWST2 to provide design and environmental services for the South Merrydale Road – Civic Center Connector Pathway Project in the amount not to exceed $469,963, in a form approved by the City Attorney.

2. The Director of Public Works or designee is hereby authorized to take any and all such actions and make change as may be necessary to accomplish the purpose of this resolution.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES:Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
v. Feb 2025 Page 1

CITY OF SAN RAFAEL

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Contract”) is entered into by and between the City of San Rafael (“City”) and __________________________________________ (“Contractor”), a __________________________________________________ for __________________________________________________________, and is effective on _____________________ (“Effective Date”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Contract.”

RECITALS
A. City desires to secure professional services more fully described in this Contract, at Exhibit A, entitled “SCOPE OF WORK”; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and
C. Contractor acknowledges that the execution of this Contract by the City is predicated upon the representations made in Contractor’s proposal dated _________________ submitted to the City; and
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

NOW, THEREFORE, the parties hereby agree as follows:

CONTRACT

1. WORK TO BE PERFORMED.

Except as otherwise may be expressly specified in this Contract, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by City at its sole risk and expense. Services to be provided to City are more fully described in Exhibit A entitled “SCOPE OF WORK.”.

CSWST2
South Merrydale Road – Civic Center Connector Pathway Project December 1, 2025
California
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 Corporation
v. Feb 2025 Page 2

2. COMPENSATION.

In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________.

Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%).

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

3. TERM OF CONTRACT.

This Contract becomes effective upon the date listed as "Effective Date" and shall remain in effect until the completion of all obligations of both Parties hereto, or ___________________________ from the Effective Date, whichever comes first, unless terminated or amended as provided herein.

4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR.

Contractor represents that it has the necessary professional skills to perform the work required and the City shall rely on such skills of the Contractor to do and perform the work. In performing the work hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by Contractor hereunder.

Contractor represents that it has reviewed Exhibit A and that in its professional judgment the work to be performed under this Contract can be performed for a fee within the maximum amount set forth herein and within the times specified.

Contractor represents that it possesses all necessary training, licenses and permits to perform the Scope of Work and that its performance of the Scope of Work will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Scope of Work working on similar, successfully completed projects.

The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been four (4) years
$469,963
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apparent or detected at the time of such payment, inspection, review or approval.

5. PROJECT COORDINATION.

A. City’s Project Manager. ________________________________ is hereby designated the Project Manager for the City and said Project Manager shall supervise all aspects of the progress and execution of this Contract.

B. Contractor’s Project Director. Contractor shall assign a single Project Director to have overall responsibility for the progress and execution of this Contract for Contractor. ___________________________________ is hereby designated as the Project Director for Contractor. Should circumstances or conditions subsequent to the execution of this Contract require a substitute Project Director, for any reason, the Contractor shall notify the City within ten (10) business days of the substitution.

6. TERMINATION.

A. The term of this Contract shall commence upon the date hereinabove written and shall expire upon completion of performance of work hereunder by Contractor.

B. Notwithstanding the provisions of (A) above, City may with or without cause, direct Contractorto suspend, delay or interrupt the work, in whole or in part, for such periods of time as City may determine in its sole discretion.

C. City may terminate this Contract in whole, or from time to time in part, for default, should Contractor commit a material breach of this Contract, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination.

D. City may terminate this Contract in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Contract would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Contract.

E. Lack of Appropriation: If this Contract is a multi-year contract, subject to appropriation each fiscal year, the City may terminate this Contract immediately for lack of appropriation of funds.

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

Julia Harberson
Adeel Shaikh, Junior Engineer
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G. Return of Documents. Upon termination, any and all City documents or materials provided to Contractor and any and all of Contractor's documents and materials prepared for or relating to the performance of its duties under this Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination.

7. INSURANCE REQUIREMENTS.

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

8. INDEMNIFICATION.

A. Except as otherwise provided in subparagraph B of this section, Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of Contractor’s performance of its obligations or conduct of its operations under this Contract. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees.

However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of or operations under this Contract, Contractor shall provide a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.

B. Where the work to be performed by Contractor under this Contract are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Contractor shall indemnify and hold harmless the City and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Page 5
recklessness, or willful misconduct of Contractor, or any sub Contractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.

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

9. PREVAILING WAGE.

If the work to be performed under this Contract is for services where prevailing wages are required by State law, Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Contract. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Contract.

10. NOTICES.

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

To City’s Project Manager:
[As identified in item 5.A]
___________________________
San Rafael, CA 94901
Email: ______________________
To Contractor’s Project Director:
[As identified in item 5.B]
___________________________
___________________________
[email protected] Email: ______________________ Novato, CA, 94947
[email protected]
111 Morphew Street 504 Redwood Blvd Suite 310
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11. LIABILITY OF CITY.

Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment of the compensation provided for in Paragraphs 1 and 2 of this Contract, Notwithstanding any other provision of this Contract, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Contract, the Scope of Work, or the Project.

City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Contractor, its employees, City employees or third parties, or to property belonging to any of the above.

Nothing in this Contract shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Contract or any applicable law. All rights and remedies of City or Contractor, whether under this Contract or other applicable law, shall be cumulative.

12. MEDIATION.

Unless waived by the City, should any dispute arise out of this Contract, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Unless the City waives this requirement, Contractor shall not be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

13. GENERAL TERMS AND CONDITIONS.

This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written.

CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:

City Clerk
_________________________________
________________________________,
_________________________________
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required]
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153

EXHIBIT A

SCOPE OF WORK
This is an Exhibit attached to, and made a part of the Contract by and between Contractor and the City providing for the referenced services. The Scope of Work includes:

1. Description of the Work:

Description: Environmental and engineering services for the South Merrydale Road - Civic Center Connector Pathway. Services include the complete design and environmental documentation of the Project including, but not limited to: CEQA and NEPA clearance, civil, electrical, geotechnical, structural, and traffic engineering, grant funding documentation assistance, right-of-way certification, and outreach support.

2. Specific Tasks:

As part of the Scope of Work, the Contractor shall perform the following tasks:

Task 1 – Project Management and Coordination
Task 2 – Preliminary Engineering and Background Research Task 3 – Environmental Compliance and Permitting
Task 4 – Right-of-Way Certification and Utility Relocation Task 5 – Plans, Specifications, Estimates, and Construction Documents Task 6 – Construction Funding Support

DELIVERABLES
Contractor’s deliverables under the Contract are enunciated throughout the Contract and include but are not limited to the following:

1. Project Deliverables:

1. Project Baseline Schedule and monthly updates

2. Required documentation for local grant reimbursements

3. Meeting agendas and minutes for all meetings
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153

4. Public meetings materials

5. Preliminary and final permit applications for submittal by the City

6. Preliminary and final NEPA/CEQA documentation for submittal by the City

7. All supporting technical studies and supporting documentation required by state, local and jurisdictional agencies

8. Utility Coordination Letters/NTOs

9. Exhibit describing utility relocation and adjustment

10. Right of way certification approval from Caltrans

11. Required legal descriptions, plat maps, Title Reports, appraisals, estimations of compensations, and negotiations with impacted properties for permanent easement acquisition

12. Required legal description, valuation, appraisals, and acquisitions for temporary construction easements or right-of-entry agreements

13. 65%, 95%, 100%, and bid plans, specifications, and engineer’s estimate in electronic format (PDF, AutoCAD, Word and Excel)

14. Comment matrix including responses to City comments with each submittal

15. Completed PS&E Checklist (Caltrans LAPM Exhibit 12-D)

16. Project grant exhibit materials including, but not limited to, grant narrative, Project budget information, Project location, conceptual, and vicinity maps, and letters of support

METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis set forth herein by the checked boxes below:
☐ A fixed fee for the work performed
☒ An hourly rate for the work performed based on the following hourly rates:

SCHEDULE
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 Preliminary Engineering: Q3 FY26 to Q1 FY27
Environmental Compliance and Permitting: Q4 FY26 to Q3 FY27 Right-of-Way Certification and Utility Relocation: Q4 FY26 to Q3 FY27 Construction Documents: Q4 FY26 to Q4 FY27
Construction Funding Support: Q3 FY26 to Q4 FY27
– END OF EXHIBIT A –
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit B-1

EXHIBIT B

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

A. Scope of Coverage. During the term of this Contract, Contractor shall maintain, at no expense to City, the following insurance:

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

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

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

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

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

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

2. The additional insured coverage under Contractor’s insurance Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit B-2
policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in Contractor’s policies shall be at least as broad as ISO form CG20 01 04 13.

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

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

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

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

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

8. It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.

9. Contractor agrees to ensure that subcontractors, and any other party involved with the performance of work under this Contract, who is brought onto or involved in the performance of the work by Contractor under this Contract, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Contract. CONSUTLANT agrees that upon request by City, all Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit B-3
agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the work under this Contract will be submitted to City for review.

10. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Scope of Work reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract.

Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

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

D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Contract. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City.

Failure to comply with these requirements shall be considered a material breach of contract.

Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit C-1

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. COMPLIANCE WITH ALL LAWS.

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

2. PROVISIONS DEEMED INSERTED.

Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.

3. SEVERABILITY.

If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.

4. OWNERSHIP OF DOCUMENTS.

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

5. INSPECTION AND AUDIT.

Upon reasonable notice, Contractor shall make available to City, or its agent, for inspection and audit, all documents and materials maintained by Contractor in connection with its performance of its duties under this Contract. Contractor shall fully cooperate with City or its agent in any such audit or inspection. Contractor shall maintain all Projectrelated records for a period of three (3) years from completion of the work.

6. ASSIGNABILITY.

The parties agree that they shall not assign or transfer any interest in this Contract nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Contract or any rights, duties Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit C-2
or obligations arising hereunder shall be void and of no effect.

7. WORKERS' COMPENSATION.

Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing the performance of the work of this contract.

8. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation in connection with or related to the performance of its duties and obligations under this Contract.

9. NO THIRD PARTY BENEFICIARIES.

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

10. INDEPENDENT CONTRACTOR.

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

11. ENTIRE CONTRACT -- AMENDMENTS.

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

B. This written Contract shall supersede any and all prior contracts, oral or written, regarding the subject matter between the Contractor and the City.

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

D. The terms and conditions of this Contract shall not be altered or modified Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit C-3
except by a written amendment to this Contract signed by the Contractor and the City.

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

12. SET-OFF AGAINST DEBTS.

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

13. WAIVERS.

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

14. CITY BUSINESS LICENSE / OTHER TAXES.

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

15. SURVIVAL OF TERMS.

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

16. GOVERNING LAW.

This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract.

Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 v. Feb 2025 Exhibit C-4

17. CONFLICT OF INTEREST.

Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

18. AUTHORIZATION.

Each individual signing above warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

19. COUNTERPARTS AND ELECTRONIC SIGNATURE.

This Contract may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.

Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153

CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.

All following documents are attached as reference material.

RESPONSIBLE PARTY DESCRIPTION COMPLETED
Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form
Department Director Review and approve agreement
Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:

Contracting Department:

Project Manager:

Contractor Name:

Contractor’s Contact: Contact’s Email:

City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700
Public Works
X
CSWST2
Shannon Mackle (for Adeel Shaikh)
X January 20, 2026
Julia Harberson [email protected]
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 DECEMBER 1, 2025
COST PROPOSAL FOR:

City of San Rafael
Environmental & Engineering Services for the South Merrydale Road – Civic Center Connector Pathway Project
CITY PROJECT NO. C441146310/ FILE NO. 16.01.317
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 CSW ST2
504 Redwood Blvd Suite 310, Novato, CA 94947 | t. 415-533-1864 | www.cswst2.com December 1, 2025
City of San Rafael
Attn: Grey Shankel Melgard, Senior Civil Engineer
111 Morphew Street
San Rafael, CA 94901
Subject: Cost Proposal for the Civic Center Connector Pathway Project (C441146310) Dear Grey:

Please find enclosed our Fee Proposal to support the City in the Civic Center Connector Pathway Project. As requested by the RFP:

A. PROPOSED BUDGET: We have established a NTE fee of $469,963. This figure includes direct costs and overhead.

B. PAYMENT: Our proposed fee is based on a time and materials reimbursement structure with a not-to-exceed amount that covers all labor, direct expenses, and subconsultant services necessary to complete the work.

We appreciate the opportunity to provide this cost proposal and look forward to supporting the City on this important project. Please contact Julia Harberson at 415.884.6443 or [email protected] if we can provide any additional information.

Sincerely,
CSWST2
Robert Stevens, PE, TE
President & Principal in Charge
Julia Harberson, PE, LEED AP
Senior Project Manager
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153

SOUTH MERRYDALE ROAD - CIVIC CENTER CONNECTOR PATHWAY PROJECT

12.01.2025
Task Description PIC
Senior
Project
Manager
Outreach -
Project
Manager
Engineer 3
Engineer/
Surveyor
2 Engineer/
Surveyor 1 Illustrator Surveyor
2025 Hourly Rate ($/ hour) 90.00 80.00 68.64 70.00 60.00 50.00 47.50 110.00 Fringe 0% 0% 0% 0% 0% 0% 0% 0%
Overhead 175.97% 175.97% 175.97% 175.97% 175.97% 175.97% 175.97% 175.97% Profit 10% 10% 10% 10% 10% 10% 10% 10%
Multiplier 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Billable Rate ($/ hour) $273.21 $242.85 $208.37 $212.50 $182.14 $151.78 $144.19 $333.92 Task 1 - Project Management and Coordination

1.1 Contract Management 4 20 24 $5,950 $500 $0 $2,309 $0 $0 $0 $8,759 Task 1 - Project Management and Coordination 4 20 0 0 0 0 0 0 24 $5,950 $500 $0 $2,309 $0 $0 $0 $8,759 Task 2 - Preliminary Engineering & Background Research

2.1 Preparation and Project Kickoff 2 8 8 8 26 $5,856 $470 $0 $0 $0 $0 $6,326

2.2 Site Analysis 8 8 16 $3,643 $0 $0 $0 $2,580 $0 $6,223

2.3 Existing Conditions Mapping 30 40 40 16 126 $25,985 $1,000 $0 $19,470 $27,150 $0 $0 $73,605

2.4 Subsurface Conditions 4 4 $971 $0 $57,959 $0 $0 $4,310 $63,240

2.5 Preliminary Design 2 20 10 30 20 30 112 $22,058 $8,720 $0 $0 $0 $0 $30,778

2.6 Outreach 0 $0 $0 $0 $0 $0 $0 $0
Online Platform 16 18 34 $5,929 $0 $0 $0 $0 $0 $5,929
San Rafael BPAC 2 16 6 24 $4,685 $0 $0 $0 $0 $0 $4,685
Community Walk 4 8 4 4 20 $3,944 $500 $0 $0 $0 $0 $0 $4,444 Community Meeting 4 32 4 24 64 $11,828 $500 $0 $0 $0 $0 $0 $12,328 Task 2 - Preliminary Engineering & Background Research 4 80 90 46 68 70 52 16 426 $84,900 $2,000 $9,190 $77,429 $27,150 $2,580 $4,310 $207,559

3.1 Project Description 8 8 $1,943 $0 $3,350 $0 $0 $0 $5,293

3.2 CEQA 4 4 $971 $0 $48,791 $0 $0 $0 $49,762

3.3 NEPA 2 8 10 $2,489 $0 $22,253 $0 $0 $0 $24,742

3.4 Resource Permitting 4 4 $971 $0 $0 $0 $0 $0 $971
Task 3 - Environmental Assessment and Permitting 2 24 0 0 0 0 0 0 26 $6,375 $0 $0 $74,394 $0 $0 $0 $80,769

4.1 Permitting 16 20 36 $8,136 $0 $0 $0 $0 $0 $8,136

4.2 Utilities 20 20 $4,250 $0 $0 $0 $0 $0 $4,250

4.3 Right-of-Way Certification 30 20 50 $11,536 $0 $0 $0 $0 $0 $11,536 Task 4 - Right-of-Way Certification and Utility Relocation 0 46 0 60 0 0 0 0 106 $23,921 $0 $0 $0 $0 $0 $0 $23,921

5.1 Construction Documents
65% PSE 2 30 40 50 80 202 $37,582 $17,300 $0 $0 $4,070 $0 $58,952 95% PSE 2 20 30 40 60 152 $28,171 $11,560 $0 $0 $2,150 $0 $41,881100% PSE 1 15 20 30 40 106 $19,701 $5,340 $0 $0 $1,075 $0 $26,116 Final (Bid) PS&E 1 8 10 10 10 39 $7,680 $5,340 $0 $0 $0 $0 $13,020 Task 5 Construction Documents 6 73 0 100 130 190 0 0 499 $93,134 $0 $39,540 $0 $0 $7,295 $0 $139,969

6.1 Grant Support 0 $0 $0 $0 $0 $0 $0 $0
Application 1 2 8 4 8 22 $4,493 $0 $0 $0 $0 $0 $4,493
Application 2 2 8 4 8 22 $4,493 $0 $0 $0 $0 $0 $4,493
Task 6 Funding Support (Optional) 4 16 0 8 0 0 16 0 44 $8,986 $0 $0 $0 $0 $0 $0 $8,986 Total 20 259 90 214 198 260 68 16 1,125 $223,266 $2,500 $48,730 $154,132 $27,150 $9,875 $4,310 $469,963 Task 6 Funding Support (Optional)
Crawford W-Trans Locator
Task 3 - Environmental Assessment and PermittingTask 4 - Right-of-Way Certification and Utility RelocationTask 5 Construction Documents Tasks CSWST2 Labor Expenses
Total Fee
Task
#
Hours Labor Costs
Reimbursable
Expenses Cornerstone LSA
1/1
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 504 Redwood Boulevard, #310
Novato, CA 94947
www.cswst2.com
Docusign Envelope ID: A17BCBE0-F813-4F83-9D24-6899D6830153 Certificate Of Completion
Envelope Id: A17BCBE0-F813-4F83-9D24-6899D6830153 Status: Sent Subject: DocuSign: PSA with CSWST2 for South Merrydale Road – Civic Center Connector Pathway Project Source Envelope:

Document Pages: 22 Signatures: 0 Envelope Originator:

Certificate Pages: 5 Initials: 2 Shannon Mackle
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
111 Morphew St
San Rafael, CA 94901
[email protected]
IP Address: 69.181.69.46
Record Tracking
Status: Original
11/26/2025 11:48:19 AM
Holder: Shannon Mackle
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Nataly Torres
[email protected]
Legal Assistant
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2600:1700:9750:3df0:28e3:cf37:2bda:faeb
Sent: 12/29/2025 4:45:51 PM
Viewed: 12/29/2025 4:46:19 PM
Signed: 12/29/2025 4:46:27 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
April Miller
[email protected]
Public Works Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Uploaded Signature Image
Using IP Address: 199.88.89.34
Sent: 12/29/2025 4:45:52 PM
Viewed: 12/30/2025 8:32:22 AM
Signed: 12/30/2025 8:32:38 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Finance
Finance Director
City of San Rafael
Signing Group: Finance
Security Level: Email, Account Authentication
(None)
Sent: 12/30/2025 8:32:40 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Robert Stevens
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 10/20/2025 4:42:18 PM
ID: 10302e55-a339-4da0-82d0-72369f9ec1ac
Linda Schmid
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:

Accepted: 11/3/2025 9:20:49 AM
ID: 16c55b53-4191-434d-825c-75c0b9842d03
Andrea Visveshwara
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Heather Davis
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Cristine Alilovich
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 8/8/2025 5:50:59 PM
ID: 92734b64-c5dc-4308-af7f-b0f4b9ffd306
City Clerk
Signing Group: City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Nataly Torres
[email protected]
Legal Assistant
City of San Rafael
Security Level: Email, Account Authentication
(None)
Using IP Address:
2600:1700:9750:3df0:28e3:cf37:2bda:faeb
Sent: 11/26/2025 1:31:36 PM
Viewed: 12/29/2025 4:42:16 PM
Completed: 12/29/2025 4:45:50 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Envelope Summary Events Status Timestamps
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Envelope Sent Hashed/Encrypted 11/26/2025 1:31:36 PM
Envelope Updated Security Checked 12/4/2025 11:02:46 AM Envelope Updated Security Checked 12/4/2025 11:02:46 AM Envelope Updated Security Checked 12/29/2025 4:45:51 PM Envelope Updated Security Checked 12/29/2025 4:45:51 PM Envelope Updated Security Checked 12/29/2025 4:45:51 PM Envelope Updated Security Checked 12/29/2025 4:45:51 PM Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.g
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Mariana Sanchez, Junior Engineer
April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: METROPOLITAN TRANSPORTATION COMMISSION (MTC) TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (TDA 3) FUNDING AGREEMENTS
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING

AGREEMENT WITH METROPOLITAN TRANSPORTATION COMMISSION IN AN AMOUNT OF $66,700 IN TDA GRANT FUNDS FOR THE PARK STREET AND BELLE AVENUE PEDESTRIAN ENHANCEMENT PROJECT; AND

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING

AGREEMENT WITH METROPOLITAN TRANSPORTATION COMMISSION IN AN AMOUNT OF $88,300 IN TDA GRANT FUNDS FOR THE POINT SAN PEDRO

PEDESTRIAN QUICK BUILD ENHANCEMENT PROJECT
RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolutions, authorizing the City Manager to execute two Funding Agreements with the Metropolitan Transportation Commission (MTC) totaling $155,000. Funds will be utilized for the Park Street and Belle Avenue Pedestrian Enhancement Project ($66,700) and the Point San Pedro Pedestrian Quick Build Enhancement Project ($88,300).

BACKGROUND:

The Transportation Development Act (TDA), Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county Metropolitan Transportation Commission (MTC) Region for the exclusive use of pedestrian and bicycle projects. The Transportation Authority of Marin (TAM) annually receives TDA 3 funding from MTC. As a condition to receive the TDA 3 grant funds, MTC requires a supporting Resolution from the City Council.

The Transportation Development Act Article 3 (TDA 3) funds will support the construction of the following projects:

1. The Park Street and Belle Avenue Pedestrian Enhancement Project proposes the installation of an asphalt concrete (AC) berm along the edge of the existing pedestrian path on Park Street and Belle Avenue. The berm is a low, raised barrier made of asphalt that helps define the path. The area inside the berm would be paved to create a continuous and smoother walking surface, and red curb paint would be added to mark no-parking zones. This project would support safer and more reliable pedestrian travel for students walking to and from San Rafael High School.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

2. The Point San Pedro Pedestrian Quick Build Enhancement Project includes pedestrian safety improvements at key City-maintained intersections along the Point San Pedro Road corridor, including the installation of rectangular rapid flashing beacons (RRFBs), flashing advanced warning signs, minor traffic striping, and rubber curbs to create refuge islands and curb bulb-outs.

A pedestrian refuge island is a median with a refuge area that is intended to help protect pedestrians who are crossing a multilane road, in this case, Point San Pedro Road. This project would promote pedestrian commute options for students who travel to Glenwood Elementary School within the neighborhood.

ANALYSIS:

In June 2025, TAM released a Multi-Fund Call for Projects that included funding from the Transportation Fund for Clean Air Act (TFCA), Measure B 1b, and Transportation Development Act Article 3 (TDA 3).

In August 2025, the City submitted an application requesting $66,700 for the Park Street and Belle Avenue Pedestrian Enhancement Project and $182,000 for the Point San Pedro Pedestrian Quick Build Enhancement Project, from any eligible funding category.

In September 2025, TAM discussed application requests with the TAM Bicycle & Pedestrian Advisory Committee.

In October 2025, the TAM Board approved the projects. In November 2025, City staff were informed that $66,700 in TDA 3 funds for the Park Street and Belle Avenue Pedestrian Enhancement Project and $88,300 in TDA 3 funds for the Point San Pedro Pedestrian Quick Build Enhancement Project, for a total amount of $155,000, were to be awarded to the City of San Rafael.

Adopting these resolutions would allow the construction of both projects, which directly support the City Council’s Three-Year Strategic Plan under Priority Area B: Mobility and Infrastructure. The projects will be delivered through the Capital Improvement Program as pedestrian improvements.

COMMUNITY OUTREACH:

In September 2025, the projects were presented to TAM’s Bicycle and Pedestrian Advisory Committee (BPAC) for discussion and approval of the application requests. Both projects will also be presented to the City of San Rafael’s BPAC in early 2026. In addition, the Point San Pedro Pedestrian Quick Build Enhancement Project was presented to the Point San Pedro Coalition in November 2025 to gather public feedback.

FISCAL IMPACT:

If the City Council adopts both resolutions, the City could receive and use a total of $155,000 in TDA 3 funds. This includes $66,700 designated for the Park Street and Belle Avenue Pedestrian Enhancement Project, and $88,300 for the Point San Pedro Pedestrian Quick Build Enhancement Project.

Park Street and Belle Avenue Pedestrian Enhancement Project The total anticipated cost for the project is $66,700. It is anticipated that appropriations of the TDA 3 funds for the project will be included in the FY 2026-27 Budget as part of the Capital Improvement Program budget under the City-Led Sidewalk Repair Annual Program, and no additional local funds will be required for the project.

Point San Pedro Pedestrian Quick Build Enhancement Project The total anticipated cost for the project is $182,000. It is anticipated that appropriations of the TDA 3 funds for the project will be included in the FY 2026-27 Budget as part of the Capital Improvement SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Program budget under the Pavement Management Annual Program. Additional funds for the construction of the Project will be appropriated with the Annual Program for the project when the FY 2026-27 Budget is approved by the City Council.

ENVIRONMENTAL DETERMINATION:

This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5) in that it does not meet CEQA's definition of a “project” because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The required CEQA review and clearance will be conducted as part of the preliminary engineering and environmental planning phase of design.

OPTIONS:

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

1. Adopt both resolutions as presented.

2. Do not adopt the resolutions and provide further direction to staff. This option would prevent the City of San Rafael from receiving MTC funds for project use.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the attached Resolutions, authorizing the City Manager to execute two Funding Agreements with the Metropolitan Transportation Commission (MTC) totaling $155,000. Funds will be utilized for the Park Street and Belle Avenue Pedestrian Enhancement Project ($66,700) and the Point San Pedro Pedestrian Quick Build Enhancement Project ($88,300).

ATTACHMENTS:

1. Resolution (Park Street and Belle Avenue Pedestrian Enhancement Project) a. TDA Resolution Attachments (Park Street and Belle Avenue Pedestrian Enhancement Project)

2. Resolution (Point San Pedro Pedestrian Quick Build Enhancement Project) a. TDA Resolution Attachments (Point San Pedro Pedestrian Quick Build Enhancement Project)
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO

EXECUTE A FUNDING AGREEMENT WITH METROPOLITAN TRANSPORTATION COMMISSION IN AN AMOUNT OF $66,700 IN TDA GRANT FUNDS FOR THE PARK STREET AND BELLE AVENUE

PEDESTRIAN ENHANCEMENT PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of San Rafael desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the City of San Rafael declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of San Rafael to carry out the project; and furthermore, be it RESOLVED, that the City of San Rafael attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials, shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Marin County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby adopts the foregoing recitals as true and correct and makes the findings set forth in Attachment A and authorizes the City Manager to execute a funding agreement with Metropolitan Transportation Commission in an amount of $66,700 in TDA grant funds for the Park Street and Belle Avenue Pedestrian Enhancement Project.

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 Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
Resolution No. INSERT NUMBER
November 2022 TDA Article 3 Model Resolution Page 2
Attachment A
Findings

1. That the City of San Rafael is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of San Rafael legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of San Rafael has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of San Rafael within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of San Rafael agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

November 2022 TDA Article 3 Model Resolution Page 3
Resolution No. xxx page 1 of 2
Attachment B
TDA Article 3 Project Application Form

1. Agency City of San Rafael

2. Primary Contact Mariana Sanchez

3. Mailing Address 111 Morphew Street, San Rafael, CA 94901

4. Email Address [email protected] 5. Phone Number
415.686.4079

6. Secondary Contact (in
the event primary is
not available)
Joanna Kwok

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone Number
415.720.4957

10. Send allocation
instructions to (if
differentfrom above):

11. Project Title Park St. & Belle Ave. Pedestrian Enhancement

12. Amount requested $66,700 13. Fiscal Year of
Claim
FY 2026/2027

14. Description of Overall Project:
• Install an asphalt concrete (AC) berm along the edge of the existing pedestrian path on Park St. and Belle Ave., place asphalt pavement within the berm limits to create a solid walking surface and apply red curb paint to designate no-parking zones.

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
• Install an asphalt concrete (AC) berm along the edge of the existing pedestrian path on Park St. and Belle Ave., place asphalt pavement within the berm limits to create a solid walking surface, and apply red curb paint to designate no-parking zones.

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
• East side of Park Street at the intersection with Belle Avene Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐ November 2022 TDA Article 3 Model Resolution Page 4
Resolution No. xxx page 2 of 2

19. Project Budget and Schedule
Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped Plan N/A N/A N/A N/A
ENV N/A N/A August 2026
PA&ED N/A N/A August 2026
PS&E N/A N/A N/A September 2026

ROW N/A N/A N/A
CON $66,700 $0 $66,700 November 2026
Total Cost $66,700 $0 $66,700
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation). BPAC Meeting September 29, 2025 - https://www.tam.ca.gov/event/bicycle-pedestrian-advisory-committee-6/ B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: January 20, 2026
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? Yes☒ No☐
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Cite the basis for the exemption.

Yes☐
N/A☒
No☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): November 2026
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO

EXECUTE A FUNDING AGREEMENT WITH METROPOLITAN TRANSPORTATION COMMISSION IN AN AMOUNT OF $88,300 IN TDA GRANT FUNDS FOR THE POINT SAN PEDRO PEDESTRIAN

QUICK BUILD ENHANCEMENT PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of San Rafael desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the City of San Rafael declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of San Rafael to carry out the project; and furthermore, be it RESOLVED, that the City of San Rafael attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials, shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Marin County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby adopts the foregoing recitals as true and correct and makes the findings set forth in Attachment A and authorizes the City Manager to execute a funding agreement with the Metropolitan Transportation Commission in an amount of $88,300 in TDA grant funds for the Point San Pedro Pedestrian Quick Build Enhancement Project.

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 Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
Resolution No. INSERT NUMBER
November 2022 TDA Article 3 Model Resolution Page 2
Attachment A
Findings

1. That the City of San Rafael is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of San Rafael legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of San Rafael has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of San Rafael within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of San Rafael agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

November 2022 TDA Article 3 Model Resolution Page 3
Resolution No. xxx page 1 of 2
Attachment B
TDA Article 3 Project Application Form

1. Agency City of San Rafael

2. Primary Contact Mariana Sanchez

3. Mailing Address 111 Morphew Street, San Rafael, CA 94901

4. Email Address [email protected] 5. Phone Number 415.686.4079

6. Secondary Contact (in
the event primary is
not available)
Joanna Kwok

7. Mailing address (if
different) N/A☐

8. Email Address [email protected] 9. Phone Number 415.720.4957

10. Send allocation
instructions to (if
differentfrom above):

11. Project Title Point San Pedro Pedestrian Quick Build Enhancements

12. Amount requested $88,300 13. Fiscal Year of
Claim
FY 2026/2027

14. Description of Overall Project:
• Pedestrian improvements at crosswalks including but not limited to installing Rectangular Rapid Flashing Beacons (RRFBs), flashing advanced warning signs, rubber curbs to establish pedestrian refuge island, minor traffic striping, and installing rubber curb bulb-outs.

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
• Pedestrian improvements at crosswalks including but not limited to installing Rectangular Rapid Flashing Beacons (RRFBs), flashing advanced warning signs, rubber curbs to establish pedestrian refuge island, minor traffic striping, and installing rubber curb bulb-outs.

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
• Intersections of Point San Pedro Road with the cross streets Knight Drive, Peacock Drive, and Riviera Drive
Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☒ No☐

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ November 2022 TDA Article 3 Model Resolution Page 4
Resolution No. xxx page 2 of 2

19. Project Budget and Schedule
Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped Plan N/A N/A N/A N/A
ENV N/A N/A August 2026
PA&ED N/A N/A August 2026
PS&E N/A N/A N/A November 2026

ROW N/A N/A N/A
CON $88,300 $93,700 $182,000 December 2026
Total Cost $88,300 $93,700 $182,000
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation). BPAC Meeting September 29, 2025 - https://www.tam.ca.gov/event/bicycle-pedestrian-advisory-committee-6/ B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: January 20, 2026
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? Yes☒ No☐
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Cite the basis for the exemption.

Yes☐
N/A☒
No☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): December 2026
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.h
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Department of Public Works
Prepared by: April Miller, Public Works Director

City Manager Approval: ______________
TOPIC: JOINT QUIET ZONE AGREEMENT
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING A JOINT QUIET

ZONE AND DESIGNATING THE COUNTY OF SONOMA AS LEAD AUTHORITY FOR PURPOSES OF ESTABLISHING THE JOINT QUIET ZONE; CEQA DETERMINATION:

EXEMPT
RECOMMENDATION:

Staff recommends that the City Council adopt the resolution approving the resolution of the San Rafael City Council establishing a joint quiet zone and designating the County of Sonoma as the lead authority for purposes of establishing the joint quiet zone.

BACKGROUND:

The Sonoma Marin Area Rail Transit (SMART) began service in 2016. In October 2016, the City Councils of San Rafael and Novato agreed to establish the Marin Joint Quiet Zone from Rush Creek Place in Novato to the Fourth Street crossing in San Rafael. In March 2017, the City Council agreed to execute an agreement with SMART for the maintenance of the Quiet Zone. In December 2019, SMART extended the SMART rail to Larkspur, and San Rafael extended the quiet zone. A year later, in December 2020, SMART and San Rafael worked together to convert Jacoby Street into a public rail crossing, extending the quiet zone to the southern terminus and bringing all of San Rafael within it. When the city extended the quiet zones with the Federal Railroad Administration (FRA), the applications created three separate quiet zones for reporting purposes.

Along the SMART rail line, there is an existing gap in Quiet Zones between Caulfield Lane in Petaluma and Rush Creek Place in Novato, where trains are required to sound their horns. To establish a quiet zone, the zone must start and end at public rail crossings and cannot occur at a station. Sonoma County approached the City of San Rafael and the City of Novato to request an extension of the Sonoma County Quiet Zone into Marin County. To achieve this, both Sonoma and Marin’s joint quiet zones would need to be modified. Since the quiet zones already needed modification, staff at all agencies agreed that it made sense to combine the quiet zones into one that included all of Marin County and extended to the Santa Rosa quiet zone at West Robles Boulevard.

In addition, the establishment of a Joint Quiet Zone with Sonoma County would allow San Rafael to clean up the Quiet Zone documentation and be in one Quiet Zone.

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

This agreement will authorize Sonoma County to act as the Lead Authority in establishing the Joint Quiet Zone and for reporting to the FRA. Both San Rafael and Novato will still be required to maintain and update, as required by the FRA, all railroad crossings within their respective jurisdictions. The crossings from the Marin Quiet Zone that are proposed to be included in the Joint Quiet Zone with Sonoma County are included in Attachment 2, Exhibit B.

While not addressing any specific City Council Goals in the Strategic Plan for Fiscal Years 2025-2028, this action will expand the quiet zone between Sonoma County and Marin County, making the areas near SMART rail more pleasant without diminishing public safety. In addition, it assists community partners and partner agencies in achieving their goals with minimal staff effort.

COMMUNITY OUTREACH:

Somona and San Rafael are required to submit a letter for both the establishment of a quiet zone and the termination of a quiet zone to other agencies, including the California Public Utilities Commission, FRA, SMART, Marin County, Caltrans, etc. An interruption in quiet zone service is not anticipated; therefore, additional outreach is not planned in San Rafael. Sonoma County will have its own outreach strategy for the new areas that will be in the quiet zone.

FISCAL IMPACT:

There is no anticipated fiscal impact to this agreement.

ENVIRONMENTAL DETERMINATION:

Sonoma County is the lead agency for the establishment of the Joint Quiet Zone. They have determined the following for environmental compliance. The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.

Even if this action were considered a project, it would still be exempt from CEQA review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New Construction of Small Structures), and 15304 (Minor Alterations to Land) as combining the Sonoma and Marin joint quiet zones would not lead to any physical changes to the environment, and any potential changes would involve constructing minor structures on existing facilities.

OPTIONS:

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

1. Adopt the resolution as presented.

2. Adopt the resolution with modifications.

3. Decline to adopt the resolution and maintain the current Marin Quiet Zone.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the resolution approving the resolution of the San Rafael City Council establishing a joint quiet zone and designating the County of Sonoma as the lead authority for purposes of establishing the joint quiet zone.

ATTACHMENTS:

1. Resolution

2. Draft Agreement with Sonoma County
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING A JOINT QUIET ZONE

AND DESIGNATING THE COUNTY OF SONOMA AS LEAD AUTHORITY FOR PURPOSES OF ESTABLISHING THE JOINT QUIET ZONE; CEQA DETERMINATION: EXEMPT WHEREAS, the Sonoma-Marin Area Rail Transit District ("SMART") has completed railway improvements in SMART-owned right of way traversing Marin and Sonoma Counties ("SMART Rail Line") and is currently operating commuter rail service in both counties; and WHEREAS, effective May 2017, San Rafael and Novato have jointly established a Marin County quiet zone (as defined in 49 C.F.R. Part 222) that applies to the SMART Rail Line in the jurisdiction of such cities, and the portion of the Marin County from the crossing at Rush Creek Place in Novato to the Fourth Street crossing in San Rafael ("Marin Joint Quiet Zone"); and WHEREAS, effective December 2019, the Quiet Zone area in Marin was extended when the Larkspur extension was opened to include Third Street to Andersen Drive crossing in San Rafael; and WHEREAS, effective December 2020, the City of San Rafael acquired property from SMART that encompassed the Jacoby Street crossing, thus making it a public crossing and allowing the Marin Quiet Zone area to be completely included in the Quiet Zone ending at the southern terminus at Jacoby Street; and
WHEREAS, the Federal Rail Authority ("FRA") considers the Marin Joint Quiet Zone to consist of three separate Quiet Zones for reporting purposes based on the extensions received; and WHEREAS, effective November 2017, Sonoma County ("County"), Cotati, and Rohnert Park have jointly established a quiet zone (as defined in 49 C.F.R. Part 222) that applies to the SMART Rail Line in the jurisdiction of such cities, and the portion of the county from the crossing at Ely Road to the northern terminus thereof at Aviation Boulevard ("Sonoma Joint Quiet Zone"); and WHEREAS, the Sonoma Quiet Zone extends from milepost 42.20 on the SMART Rail Line at Ely to milepost 50.80 at West Robles Avenue south of Santa Rosa and again from milepost 49.05 north of Santa Rosa to milepost 59.38 south of Windsor; and
WHEREAS, effective May 2017, Petaluma has established its own quiet zone under 49 C.F.R. Part 222.39(a)(3) within its jurisdictional boundaries, from milepost 41.10 at approximately Corona Road to milepost 37.77 at approximately Caulfield Lane ("Petaluma Quiet Zone"); and WHEREAS, on July 1, 2024, the City of Petaluma City Council designated Sonoma County as the lead authority and authorized the execution of an agreement establishing a Joint Quiet Zone throughout Sonoma County and agreeing to terminate the Petaluma Quiet Zone; and WHEREAS, FRA regulations refer to this risk level as the Risk Index with Horns and under FRA regulations, quiet zones must begin and end at publicly owned rail crossings; and WHEREAS, there is currently a gap in Quiet Zone between Petaluma’s northern jurisdiction at Caulfield Lane and the Marin Joint Quiet Zone in Novato at Rush Place due to FRA rules governing the beginning and endpoints of quiet zones; and
WHEREAS, the County of Sonoma desires to create an uninterrupted quiet zone that applies to the entirety of the SMART Rail Line in Sonoma County (except for the portion of the SMART Rail Line in the City of Santa Rosa), including the southern portion of Sonoma County; and WHEREAS, the Marin Joint Quiet Zone would need to be modified or terminated in order to have an uninterrupted Quiet Zone in Sonoma and Marin counties; and WHEREAS, the Parties understand and agree that safety measures installed at the public and private crossing in Sonoma and Marin County Quiet Zones and outside the Joint Quiet Zone (the "Added Quiet Zone Crossings") are such that the Added Quiet Zone Crossings are eligible for inclusion in a quiet zone pursuant to 49 C.F.R. §222.39(a)(3) because they have a risk level equivalent to the risk level with horns, and that, as a result, no additional safety measures are required to incorporate the Added Quiet Zone Crossings into the Amended Joint Quiet Zone; and WHEREAS, 49 C.F.R. §222.37(a) authorizes a single public entity ("Lead Authority") to establish a single quiet zone that includes crossings located within its own jurisdictional boundaries and also qualified crossings located in adjacent and other public authorities' jurisdictions; and WHEREAS, Sonoma County has agreed to act and serve as the Lead Authority for the purpose of establishing a single quiet zone extending from Santa Rosa to San Rafael in accordance with the terms and conditions of this Agreement; and
WHEREAS, according to the FRA regulations, agencies acting as Lead Authority perform only administrative responsibilities and Lead Authorities do not assume responsibility for liability arising out of the operation of rail crossings covered by a quiet zone but located in another jurisdiction; and WHEREAS, Sonoma County intends, upon the grant of permission by San Rafael and Novato, to file an amended notice of intent to establish a quiet zone which shall include the current portions of the Marin Joint Quiet Zone, and portions of the SMART Rail Line in Rohnert Park, Cotati, Petaluma, unincorporated Sonoma County; and
WHEREAS, the amended notice of intent to establish a quiet zone that Sonoma County intends to file in accordance with the Agreement will extend from milepost 50.80 at approximately West Robles Boulevard to milepost 15.6 at approximately Jacoby Street; and WHEREAS, the quiet zone to be established pursuant to this Agreement ("Joint Quiet Zone") is depicted, and the U.S Department of Transportation Crossing Inventory numbers and the street or highway name of the crossings in the Joint Quiet Zone are listed in Exhibit “B”, which is made a part of this Agreement; and
WHEREAS, Sonoma County has already established an agreement with the County of Marin, as required to allow the quiet zone that applies to the entirety of the SMART Rail Line within Sonoma and Marin Counties without interruption (except for the portion of the SMART Rail Line in the City of Santa Rosa); and
WHEREAS, San Rafael is agreeable to cooperating with Sonoma County to achieve the Parties' mutual quiet zone goals and desires that Sonoma County act as the Lead Authority in establishing the Joint Quiet Zone depicted in Exhibit "A," which is part of this Agreement and supports designating Sonoma County as Lead Authority for purposes of establishing the Joint Quiet Zone to include crossings located within Marin County jurisdictional boundaries in accordance with the terms and conditions of this Agreement; and
WHEREAS, San Rafael and Novato plan to sign a joint agreement with Sonoma County to establish the joint quiet zone and simultaneously dissolving the Marin quiet zone; and WHEREAS, this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378 as executing an agreement with Sonoma County to combine the Sonoma and Marin joint quiet zones does not meet CEQA's definition of a "project" because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment as the necessary safety measures to qualify for a quiet zone are already in place, and no additional safety measures are anticipated; and
WHEREAS, even if this action were considered a project, it would still be exempt from CEQA review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New Construction of Small Structures), and 15304 (Minor Alterations to Land) as combining the Sonoma and Marin joint quiet zones would not lead to any physical changes to the environment, and any potential changes would involve constructing minor structures on existing facilities.

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

1. The foregoing recitals are true and correct.

2. Finds that This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378 as executing an agreement with Sonoma County to combine the Marin and Sonoma Joint quiet zones does not meet CEQA's definition of a "project" because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment as the necessary safety measures to qualify for a quiet zone are already in place, and no additional safety measures are anticipated.

3. And even if this action were considered a project, it would still be exempt from CEQA review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New Construction of Small Structures), and 15304 (Minor Alterations to Land) as extending the quiet zone in Petaluma would not lead to any physical changes to the environment, and any potential changes would involve constructing minor structures on existing facilities.

4. Execute an Agreement to Establish a Joint Quiet Zone and Delegate Authority to the County of Sonoma as Lead Authority for Purposes of Establishing the Joint Quiet Zone, attached hereto and incorporated into this resolution as Exhibit 1.

5. Authorizes the City Manager to terminate the existing Marin Joint Quiet Zone with the Federal Railroad Administration simultaneously with the establishment of the Joint Quiet Zone, attached hereto and incorporated into this resolution as Attachment 2.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
429850.1 1

AGREEMENT TO ESTABLISH JOINT QUIET ZONE AND

DELEGATING AUTHORITY TO COUNTY OF SONOMA
This agreement (Agreement) is entered into as of the date of execution by the last signatory hereto, by and amongst the County of Sonoma, a political subdivision of the State of California (“County”), the City of San Rafael, a California charter city (“San Rafael”), and the City of Novato, a California general law city (“Novato”).

RECITALS
WHEREAS, the Sonoma-Marin Area Rail Transit District (“SMART”) is has completed railway improvements in Marin and Sonoma Counties and is currently operating commuter rail service in both Counties.

WHEREAS, SMART’s railroad right of way passes through Marin County and Sonoma County, and inter alia, the Marin County cities of Novato and San Rafael, and the Sonoma County Cities of Petaluma, Cotati, and Rohnert Park. The County, Cotati, and Rohnert Park have jointly established a quiet zone (as defined in 49 C.F.R. Part 222) in all the jurisdiction of such cities, and the portion of the county from the crossing at Eli Road in Rohnert Park, CA, to the northern terminus thereof at Aviation Boulevard, excluding portion that passes through and is under the jurisdiction of the City of Santa Rosa (“Joint Quiet Zone”).

WHEREAS, San Rafael, in cooperation with the County of Marin and Novato, has established a quiet zone beginning in Novato, continuing through certain portions of unincorporated Marin County, and terminating in the City of San Rafael. Novato has assigned to San Rafael the responsibility for the quiet zone through its jurisdictional territory, and therefor San Rafael has authority to act with respect to portions of its quiet zone within the boundaries of Novato for the purposes of the existing quiet zone; the consent of the County of Marin with respect to the intended Joint Quiet Zone is the subject of a separate agreement.

WHEREAS, San Rafael, Novato, and the County (the “Parties”) desire to create a single quiet zone through Sonoma County and Marin County to the Jacoby Street crossing within the jurisdictional boundaries of San Rafael in order for the quiet zone to encompass the entire length of the southern portion of Sonoma County without leaving any crossings outside the coverage of either the Joint Quiet Zone or the Marin County quiet zone.

WHEREAS, 49 C.F.R. §222.37(a) authorizes a single public entity (“Lead Authority”) to establish a single quiet zone that includes crossings located within its own jurisdictional boundaries and also qualified crossings located in adjacent and other public authorities’ jurisdictions, and the County has agreed to act and serve as the Lead Authority for that purpose in establishing the single quiet zone under the terms and conditions set forth in this Agreement.

The Federal Railroad Administration (“FRA”)seesthe role of a Lead Authority as one performing only administrative responsibilities. A public entity that takes on the duties of a Lead Authority 429850.1 2
under these circumstances does not thereby assume responsibility for liabilities arising out of the operation of crossings covered by a quiet zone but located in another jurisdiction.

WHEREAS, the County of Sonoma intends, upon the grant of permission by San Rafael and Novato to so file, file an amended notice of intent to establish a quiet zone, which shall include the currently extant portions of the County, including Rohnert Park and Cotati, and add the area of the City of Petaluma and the surrounding portions of the County and add the portion of Marin County from the Sonoma County Line to crossing at Jacoby Street within the boundaries of San Rafael.

WHEREAS, the cities of San Rafael and Novato are agreeable to and desire that County act as the Lead Authority in establishing the quiet zone covering the area depicted on Exhibit “A” (the Joint Quiet Zone, as revised) and delegate to County the authority to establish the Joint Quiet Zone under the terms and conditions set forth in this Agreement.

Now therefore, the parties agree as follows:

AGREEMENT

1. County agrees to act as Lead Authority and take all those steps prescribed in 49 C.F.R. Part 222 necessary to establish and/or modify the Joint Quiet Zone as identified in Attachment A.

2. San Rafael consents to County acting as the Lead Authority and, to the extent that the Joint Quiet Zone includes crossings within the jurisdictional boundaries of San Rafael, pursuant to 49 C.F.R. §222.37(a), delegates to County the authority to establish the Joint Quiet Zone.

3. Novato consents to County acting as the Lead Authority and, to the extent that the Joint Quiet Zone includes crossings within the jurisdictional boundaries of Novato and, pursuant to 49 C.F.R. §222.37(a), delegates to County the authority to establish the Joint Quiet Zone.

4. Notwithstanding County’s agreement to act as Lead Authority for the purposes described herein, County shall not be responsible for and shall not be deemed to assume any responsibility for any liabilities arising out of the maintenance, upgrade, operation, and/or repair of any of the crossings included within the Joint Quiet Zone and located within the County of Marin, including within the municipal boundaries of the City of San Rafael or the City of Novato. Notwithstanding the delegation by San Rafael and Novato to County of the authority to initiate and prosecute to completion the procedural steps necessary to establish the Joint Quiet Zone, neither Novato nor San Rafael shall be responsible for or be deemed to assume any responsibility for any liabilities arising out of the maintenance, upgrade, operation, and/or repair of any of the crossings included within the Joint Quiet Zone but located outside their jurisdictional boundaries.

5. The Parties understand that it may become necessary to revise or rescind and resubmit the Notice of Intent if any changes to the Joint Quiet Zone become necessary or advisable. County shall be authorized to act on behalf of San Rafael and Novato pursuant to 49 C.F.R. §222.37(a) to revise or rescind and resubmit the Notice of Intent upon written consent by each party hereto to the change. By its signature hereto, San Rafael and Novato each consent to the amendment and 429850.1 3
resubmission of the Notice of Intent in order to redesignate the area of the Joint Quiet Zone to include all portions of the Marin County Quiet Zone from the Marin/Sonoma County line south through the Jacoby Street Crossing in San Rafael.

6. County shall timely prosecute the amendment/resubmission of the Joint Quiet Zone to a successful conclusion such that the Joint Quiet Zone is reestablished to include the area set forth in Attachment 1 hereto and the routine use of locomotive horns must cease within the meaning of 49 C.F.R. §222.45 within 180 days after the execution of this Agreement, to the extent that such is within the reasonable control of the County.

7. San Rafael agrees to terminate its existing quiet zones, in such form as is required by the FRA, to be effective at 11:59 p.m. on the day prior to the effective date of the reestablished Joint Quiet Zone over the area described in Attachment A. County shall coordinate with San Rafael regarding termination date to ensure no break between the existing and Joint Quiet Zone effectiveness beyond that which is necessary to comply with any applicable FRA procedures. If at any time the County or FRA determines that the Joint Quiet Zone must or should be terminated, County agrees to cooperate with Novato and San Rafael in any efforts of the City reestablish a quiet zone within their own jurisdictional boundaries, and shall make all reasonable efforts to coordinate the termination of the Joint Quiet Zone with the reestablishment of the Marin County Quiet Zone, in order to eliminate or minimize any lapse of coverage of an effective quiet zone within the boundaries of the Marin County quiet zone as it exists as of the date of this Agreement.

8. Each party shall bear their own costs related to the establishment of the Joint Quiet Zone, including all staff and counsel time expended in furtherance thereof, and the costs of any improvements undertaken to prepare any portion of the Joint Quiet Zone area for inclusion therein.

In no event shall any party be required by this Agreement to undertake any improvements outside the areas of responsibility as specifically identified on Exhibit “A” hereto, or to fund or reimburse any other party hereto for improvements made outside such delineated areas.

IN WITNESS WHEREOF, the parties hereto execute this Agreement on the date(s) indicated below.

COUNTY OF SONOMA:
________________________________
By: Supervisor Rebecca Hermosillo,
Chair of the Board of Supervisors
Approved as to form for County:
__________________
Deputy County Counsel
CITY OF SAN RAFAEL:
429850.1 4
________________________________
By: Mayor Kate Colin
Approved as to form for City of San Rafael:
__________________
City Attorney
CITY OF NOVATO:
________________________________
By: Mayor Rachel Farac
Approved as to form for City of Novato
__________________
City Attorney
*Private crossings may not all be shown on map
Exhibit B:

List of U.S. DOT Crossing Inventory Numbers Within Marin Quiet Zone Crossing
Number Road/Station Name Crossing Type M.P. Jurisdiction 498665X West Robles Avenue Public 50.8 Sonoma County
498670U Todd Road Public 50.3 Sonoma County
498671B Scenic Avenue Public 49.05 Sonoma County
498673P Golf Course Drive Public 48.5 Rohnert Park
498674W Rohnert Park Expressway Public 47.4 Rohnert Park 859165Y
Rohnert Park PED X-ING
(N of Copeland Ck) Public Ped Xing 46.97 Rohnert Park
859165Y
Rohnert Park PED X-ING
(S of Copeland Ck) Public Ped Xing 46.97 Rohnert Park
498675D Southwest Blvd Public 46.8 Rohnert Park
498676K East Cotati Avenue Public 46.1 Cotati
498677S East Railroad Avenue Public 44.5 Sonoma County
498678Y Old Adobe Road Public 43.6 Sonoma County
498679F
Main St/ Woodward Ave/
Petaluma Hill Rd Public 43.3 Sonoma County
498680A Ely Road N Public 42.2 Sonoma County
498681G Corona Road Public 41.1 Petaluma
498682N N.McDowell Blvd Public 40.7 Petaluma
498683V South Point Blvd Public 40.4 Petaluma
498685J W.Payran Street Public 39.2 Petaluma
498686R PR 50 Cedar Grove Private 38.98 Petaluma
498687X Lakeville Road Public 38.8 Petaluma
498688E Washington Street Public 38.6 Petaluma
498689L East “D” Street Public 38.5 Petaluma
498692U Caulfield Lane Public 37.77 Petaluma
943166J SMART Haystack xing 2 Private 37.44 Sonoma County 943165C SMART Haystack xing 1 Private 37.22 Sonoma County 498696W PR 53 Landing Way Private 36.37 Sonoma County
859330G PR 54 Tribe North Private 35.81 Sonoma County
498697D PR 55 Tribe South Private 35.5 Sonoma County
498698K PR 56 Gambini/Roselady Private 35.1 Sonoma County 498700J PR 57 Neil's Island Private 33.74 Marin County
498701R PR 58 Hunting Lodge Private 32.8 Marin County
498702X PR 59 Redwood Landfill Private 31.89 Marin County 863494E PR 60 Miramonte/ Burdell1 Private 31.33 Marin County 863496T Rush Creek Place Public 28.5 Novato
859201S Golden Gate Place Private 28.35 Novato
863497A Olive Avenue Public 28.1 Novato
863498G Grant Avenue Public 27.9 Novato
863539J Franklin Underpass Public Ped Xing 27.46 Novato 859166F Rowland 1, 2 Private 26.99 Novato
863491J Hanna Ranch Road Public 25.9 Novato
859323W Bel Marin Keys Public 25.46 Novato
863501M Roblar Drive Public 24.5 Novato
863502U Hamilton Parkway Public 24.12 Novato
863503B State Access Public Ped Xing 23.9 Novato
863507D St. Vincent Private 21.75 Marin County
943173U Miller Station Private 21.3 Marin County
859205U Smith Ranch Road Public 20.97 San Rafael
863510L North Avenue Private 20.85 San Rafael
863511T Civic Center Drive Public 19.7 San Rafael
863513G Las Gallinas Public Ped Xing 19.3 San Rafael
863514N North San Pedro Road Public 18.8 San Rafael
863516C Paloma Avenue Public 17.4 San Rafael
863517J Pacheco Street Public 17.3 San Rafael
863518R Mission Avenue Public 17.1 San Rafael
863519X 5th Avenue Public 17.05 San Rafael
863520S 4th Street Public 17 San Rafael
863521Y 3rd Street Public 16.9 San Rafael
863522F 2nd Street Public 16.89 San Rafael
977925L Francisco Blvd. West Public 16.52 San Rafael
863527P Andersen Drive Public 16.1 San Rafael
943171F Jacoby Street Public 15.6 San Rafael
City of San Rafael
Proclamation in Recognition of
Bloomberg Philanthropies What Works Cities Certification WHEREAS, a growing movement of cities and city leaders are using data and evidence to more equitably deliver services and solve problems, invest public dollars in programs that work, increase transparency, and improve the lives of residents; and
WHEREAS, Bloomberg Philanthropies What Works Cities Certification is an international initiative, launched in 2017 by Bloomberg Philanthropies and led by Results for America, that helps cities adopt foundational data practices, develop data skills throughout city staff, and put in place critical data infrastructure; and
WHEREAS, in 2025, Digital Service and Open Government completed the What Works Cities Certification Assessment to benchmark its data practices and to develop a roadmap for building the infrastructure, skills, and culture needed to effectively use data and evidence to deliver better outcomes for its citizens; and
WHEREAS, in completing the Assessment, the City of San Rafael joined an international community of cities growing their data practices and sharing innovative ideas for adopting and scaling data-driven approaches to pressing challenges and government operations; and
WHEREAS, in the past 4 years, the City of San Rafael has made measurable progress in its foundational data practices, including open data, performance measurement, and a data-driven approach to address critical challenges, such as homelessness and mental health; and
WHEREAS, What Works Cities Certification evaluates, recognizes, and celebrates cities for their exceptional use of data to inform policy decisions, allocate funding, improve services, evaluate program effectiveness, and engage their residents; and
WHEREAS, What Works Cities Certification is contingent on connecting data directly to quality of life.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proudly announce that the City of San Rafael has met the What Works Cities Certification’s Standard of Excellence for data-driven local government and achieved 2025 What Works Cities Silver Certification.

Kate Colin
Mayor

Agenda Item No: 4.a
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney’s Office
Prepared by: Katherine Kasameyer
Deputy City Attorney

City Manager Approval: ______________
TOPIC: PUBLIC WORKS DIRECTOR AUTHORITY TO APPROVE PUBLIC WORKS PROJECT PLANS
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 2.12.290, DUTIES OF THE SUPERVISOR OF PUBLIC WORKS, TO CLARIFY

DELEGATION OF AUTHORITY TO THE SUPERVISOR OF PUBLIC WORKS AND

DESIGNEES TO APPROVE PLANS, SPECIFICATIONS, AND DESIGNS FOR PUBLIC WORKS PROJECTS; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5)
RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance amending Chapter 2.12 of the San Rafael Municipal Code to modify Section 2.12.290 to clarify that the Director of Public Works and designees have the discretionary authority to approve plans, specifications, and designs for public works projects, waive further reading of the ordinance, and refer to it by title only.

BACKGROUND:

Design immunity, codified in California Government Code Section 830.6, is an affirmative legal defense that protects public entities, such as cities, from liability for injuries allegedly caused by the design of public facilities, like roads, under certain circumstances. To prevail on a claim for design immunity, the public entity has the burden of establishing these three elements:

1. A feature in the design caused the accident;

2. The entity gave discretionary approval of the design before construction; and

3. Substantial evidence supporting the reasonableness of the design.

ANALYSIS:

This ordinance is aimed at enhancing the City's assertion of a design immunity defense in lawsuits involving alleged dangerous conditions, whether the public works project is approved at the staff or Council level. City engineers review all proposed designs, specifications, and plans to ensure they comply with applicable standards. The City Council approves most public works projects, but there are some that may be approved at the staff level because the contract amount does not reach the Council threshold or alternatively must be approved due to an emergency. In addition, the Council in the past has delegated this authority in project resolutions. The proposed Ordinance clarifies that the Director of Public Works or their designee[s] have the discretionary authority to approve designs, specifications, and plans. Codifying this delegated authority in the municipal code facilitates establishing design immunity should the City need to do so in response to a claim or lawsuit.

SAN RAFAEL COUNCIL AGENDA REPORT / Page: 2
The proposed amendment is identified through underlining directly below.

Section 2.12.290 Supervisor of public works—Duties
Subject to determination of policy by the city council, the supervisor of public works shall have the following powers and perform the following duties:
a) Supervise and administer all of the functions and duties of the department of public works and the employees thereof, including the making of recommendations to the city council with relation to the employees, the amount of their compensation, and the nature of their duties; b) Act as technical adviser and consultant to the city council and to the various department heads of the city government with relation to public works;
c) Be responsible for the maintenance of adequate records and maps pertaining to public works; d) Formulate and from time to time submit to the city council a long-range program for the construction and maintenance of public improvements;
e) Perform the duties of city traffic engineer;
f) Perform the duties of city superintendent of streets; g) Prepare and deliver to the city manager for submission to the city council, an annual budget for the operation of the department of public works;
h) Prepare and submit to the city council from time to time and as required, estimates of costs for specific public works projects;
i) Such other duties as the city manager or city council directs.; In addition, the supervisor of public works is granted the discretionary authority to approve plans, specifications and/or designs for “public works,” as that term is defined in section 11.50.020(H) of this Code. The supervisor of public works may further delegate the aforementioned authority, in writing, to designated City of San Rafael employee[s], so long as such employee[s] possess[es ] a valid certificate of registration as an engineer by the California Board of Professional Engineers both at the time of delegation and at the time of approval of the plans, specifications and /or designs. For purposes of this section and Section 830.6 of the California Government Code, a stamp or signature by the supervisor of public works or designee pursuant to this section on public works plans, specifications or designs, or a writing signed by the supervisor of public works or designee pursuant to this section concerning public works plans, specifications or designs (any or all of which may be in electronic form), shall be conclusive evidence of discretionary approval of the plans, specifications or designs.

This recommendation supports the City Council’s Strategic Plan for Fiscal Years 2025-2028 goal regarding Priority F, “High performing government,” as it promotes “the sensible use of funds in alignment with the City’s priorities and responsibilities.” It is also consistent with efforts to “streamline and modernize the City’s land use regulatory framework to facilitate development and growth” under Goal A.4.

FISCAL IMPACT:

There is no fiscal impact in adopting this ordinance.

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that, approving this action does not meet CEQA's definition of a “project,” because this is a personnel-related action that constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

OPTIONS:

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

1. Introduce the Ordinance.

SAN RAFAEL COUNCIL AGENDA REPORT / Page: 3

2. Postpone the introduction of the Ordinance to allow amendments to be incorporated into the Ordinance.

RECOMMENDED ACTION:

Staff recommends that the City Council introduce an Ordinance amending San Rafael Municipal Code Section 2.12.290, Duties of the Supervisor of Public Works, to clarify delegation of authority to the supervisor of Public Works and designees to approve plans, specifications, and designs for public works projects, to waive further reading of the ordinance, and refer to it by title only.

ATTACHMENTS:

1. Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 2.12.290, DUTIES OF THE SUPERVISOR OF

PUBLIC WORKS, TO CLARIFY DELEGATION OF AUTHORITY TO THE

SUPERVISOR OF PUBLIC WORKS AND DESIGNEES TO APPROVE PLANS,

SPECIFICATIONS AND DESIGNS FOR PUBLIC WORKS PROJECTS
WHEREAS, design immunity, codified in Government Code Section 830.6, is an affirmative legal defense that protects public entities, such as cities, from liability for injuries allegedly caused by the design of public facilities, like roads, under certain circumstances; and
WHEREAS, this Ordinance clarifies that the supervisor of public works or designees have the discretionary authority to approve designs and plans of “public works” projects as defined by section 11.50.020(H) of the San Rafael Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Section 2.12.290 of the San Rafael Municipal Code is hereby amended to read as follows, with additions shown in underline, and deletions shown in strikethrough:

Section 2.12.290 Supervisor of public works—Duties
Subject to determination of policy by the city council, the supervisor of public works shall have the following powers and perform the following duties:
(a) Supervise and administer all of the functions and duties of the department of public works and the employees thereof, including the making of recommendations to the city council with relation to the employees, the amount of their compensation, and the nature of their duties;
(b) Act as technical adviser and consultant to the city council and to the various department heads of the city government with relation to public works; (c) Be responsible for the maintenance of adequate records and maps pertaining to public works;
(d) Formulate and from time to time submit to the city council a long-range program for the construction and maintenance of public improvements; (e) Perform the duties of city traffic engineer;
(f) Perform the duties of city superintendent of streets; (g) Prepare and deliver to the city manager for submission to the city council, an annual budget for the operation of the department of public works; (h) Prepare and submit to the city council from time to time and as required, estimates of costs for specific public works projects;
(i) Such other duties as the city manager or city council directs.; (j) In addition, the supervisor of public works is granted the discretionary authority to approve plans, specifications and/or designs for “public works,” as that term is defined in section 11.50.020(H) of this Code. The supervisor of public works may further delegate the aforementioned authority, in writing, to designated City of San Rafael employee[s], so long as such employee[s] possess[es] a valid certificate of registration as an engineer by the California Board of Professional Engineers both at the time of delegation and at the time of approval of the plans, specifications and/or designs. For purposes of this section and Section 830.6 of the California Government Code, a stamp or signature by the supervisor of public works or designee pursuant to this section on public works plans, specifications or designs, or a writing signed by the supervisor of public works or designee pursuant to this section concerning public works plans, specifications or designs (any or all of which may be in electronic form), shall be conclusive evidence of discretionary approval of the plans, specifications or designs.

DIVISION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.

DIVISION 3. CEQA Determination.

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15378(b)(5), this is a personnel-related action that constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

DIVISION 4. Publication; Effective Date.

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 Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 20th day of January 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of February 2026 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: January 20, 2026
Disposition:

Agenda Item No: 5.a
Meeting Date: January 20, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Cristine Alilovich, City Manager
Preya Nixon, Senior Management
Analyst
City Manager Approval: ______________
TOPIC: CITY COUNCIL GOVERNANCE, AGREEMENTS, ROLES &

RESPONSIBILITIES AND COMMUNICATION PROTOCOLS
SUBJECT: RESOLUTION AUTHORIZING THE CITY COUNCIL APPROVAL OF THE CITY

COUNCIL GOVERNANCE, AGREEMENTS, ROLES & RESPONSIBILITIES

AND COMMUNICATION PROTOCOLS
RECOMMENDATION:

Adopt a resolution approving the City Council of the City of San Rafael Governance, Agreements, Roles & Responsibilities and Communication Protocols.

BACKGROUND:

The City Council held a public meeting, their annual retreat on November 12, 2025, which included an agenda item to review the San Rafael City Council Governance, Agreements, Roles & Responsibilities, and Communication Protocols. This document was discussed in the City’s Council’s annual retreats in 2022, 2024, and 2025.

ANALYSIS:

The proposed Governance, Agreements, Roles & Responsibilities, and Communication Protocols document provides a clear and shared framework for how the San Rafael City Council, Mayor, City Manager, and staff work together under the council–manager form of government. The document is intended to strengthen effective governance by clarifying roles, decision-making boundaries, communication expectations, and standards of professional conduct.

The document consolidates best practices related to governance, councilmember agreements, interactions with staff, coordination with the public, and appropriate parameters for official City advocacy. It also serves as a practical reference to support consistency, accountability, and transparency in Council operations, including onboarding of future councilmembers. Collectively, these protocols are designed to support a cohesive, high-functioning City Council, reinforce ethical and legal compliance, and preserve the appropriate distinction between policy leadership and operational implementation while fostering mutual respect and trust.

During the City Council retreat on November 12, 2025 The community and the City Council provided input and discussed the contents of the document. Staff have made revisions to the document that SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
reflect the feedback received. Staff recommends that the City Council formally approve the final document, as presented in Attachment 1.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

OPTIONS:

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

1. Adopt the document and adopt the resolution as presented.

2. Adopt the report and adopt the resolution with modifications.

3. Take no action.

RECOMMENDED ACTION:

Adopt a resolution approving the San Rafael City Council’s Governance, Agreements, Roles & Responsibilities and Communication Protocols.

ATTACHMENTS:

1. City Council Governance, Agreements, Roles & Responsibilities and Communication Protocols Document

2. Resolution
Governance, Agreements, Roles & Responsibilities,
and Communication Protocols
City of San Rafael City Council
1 Table of Contents
Section 1 – Governance & Councilmember Agreements....................................................................................2

1.1 Governance ................................................................................................................................................2

1.2 Mayor & Councilmember Agreements on How to Maximize City Council Effectiveness .........3

1.2.A. Considers District Interests with Citywide Perspective...........................................................................3

1.2.B. Interactions Outside Your District................................................................................................................3

1.2.C. Emerging Issues or Initiatives ........................................................................................................................4

1.2.D. Council Appointment Assignments ..............................................................................................................4

1.2.E. Communications with other Elected Officials ............................................................................................4

1.2.F. Council Teamwork ...........................................................................................................................................5

1.2.G. Political Advocacy by Councilmembers .......................................................................................................5

1.2.H. City Council Professional Development, Conferences, and Travel........................................................6 2 Section 2: Mayor, Vice Mayor, Councilmembers & City Manager Roles and Responsibilities ...........7

2.1 Role Summary – Mayor............................................................................................................................7

2.2 Role Summary – Vice Mayor...................................................................................................................8

2.3 Role Summary – Councilmember...........................................................................................................8

2.4 Role Summary - City Manager..............................................................................................................10 3 Section 3 – Interaction with Staff & Communication Protocols .............................................................11

3.1 Professionalism & Respect....................................................................................................................12

3.2 Providing Feedback ................................................................................................................................12

3.3 In Meetings & Public Settings...............................................................................................................12

3.4 Public Statements....................................................................................................................................12

3.5 Communication with Staff.....................................................................................................................13

3.6 Requests for Staff Attendance at Events ...........................................................................................14

3.7 Direction and Work Assignments & Priorities...................................................................................14

3.8 Working Hours and Communication Channels.................................................................................14

3.9 Interaction with Labor Groups .............................................................................................................14 4 Section 4 - Coordination of Communications with the Public.................................................................15

4.1 Communication with the Public ...........................................................................................................15

4.2 Constituent Management......................................................................................................................15

4.3 Community Written Inquiries ...............................................................................................................16 5 Attachments.......................................................................................................................................................16

5.1 Attachment A.................................................................................................................................................17

5.2 Attachment B.................................................................................................................................................19 2 City of San Rafael City Council – Governance, Agreements, Roles & Responsibilities, and Communication Protocols – January 2026 The City Council Governance, Agreements, Roles & Responsibilities, and Communication Protocols document provides a clear and shared framework for how the San Rafael City Council, Mayor, City Manager, and staff work together under the council–manager form of government.

This document is intended to strengthen effective governance by establishing agreements, clarifying roles and communication expectations, and standards of professional conduct.

This document consolidates best practices related to governance, councilmember agreements, interactions with staff, coordination with the public, and appropriate parameters for official City advocacy. It also serves as a practical reference to support consistency, accountability, and transparency in Council operations, including onboarding of future councilmembers.

Collectively, these protocols are designed to support a cohesive, high-functioning City Council, reinforce ethical and legal compliance, and preserve the appropriate distinction between policy leadership and operational oversight while fostering mutual respect and trust.

This document has three sections, and two attachments, as listed as follows:

1. Governance and Councilmember Agreements

2. Mayor, Vice Mayor, City Manager Roles & Responsibilities

3. Interactions with Staff and Communication Protocols

4. Coordination and Communication with the Public

5. Attachments
Attachments:

A. Guidelines for Elected Officials: Charitable Solicitations and “Behested Payments” B. Guidelines on Board Participation on Non-City Boards SECTION 1 – GOVERNANCE & COUNCILMEMBER AGREEMENTS

1.1 Governance
The City of San Rafael is a city council-city manager form of government; a structure in which an elected city council serves as the legislative body, setting policies and making decisions on behalf of the community. The council appoints a professional city manager, who serves as the chief executive officer and oversees the day-to-day operations of the city.

The city manager is responsible for implementing the council’s policies, managing city staff, preparing the budget, and ensuring efficient delivery of public services. This system combines political leadership from the elected council with professional expertise from the manager, emphasizing accountability, efficiency, and nonpartisan administration. The city manager fosters an organizational culture that values transparency, responsiveness, and professional judgment by department directors and managers, encouraging proactive and responsive communication with the mayor and councilmembers, while maintaining the city manager’s operational oversight role.
3 In 2018, the San Rafael city council adopted an ordinance approving the move from atlarge voting to “by-district” voting for city council elections, in which each of the four (4) members of the council, other than the mayor must reside in a district and is elected only by the voters within that district, and approving the district map. The city council seats are in District 1 (South), 2 (West), and 3 (East), 4 (North). The mayor is separately elected by a citywide vote.

One of the hallmarks of at-large voting is that all councilmembers “think citywide” and not just about their neighborhood or area. This approach is the preferred practice even though the council members are elected by district.

City resources are allocated to address priorities on a citywide basis using a strategic planning process to set council goals, objectives and annual workplans, adopted by the city council as a governing body in a dually noticed public meeting. Funding decisions are strategic, based on current citywide needs and capacity, and not an equal distribution by district.

The city council functions as a high-performing team and engages professionally and respectfully. The agreements below are intended to memorialize practices that are already working and that the mayor and city council would like to reinforce. The council follows the Brown Act and seeks clarity with the City Attorney’s Office whenever needed.

1.2 Mayor & Councilmember Agreements on How to Maximize City Council Effectiveness
The mayor and city council agree on the following practices to guide their work.

1.2.A. Considers District Interests with Citywide Perspective Each councilmember considers their district’s interests but always maintains a citywide perspective. They remain united in service to the community. And never “exchange votes” (e.g., support an issue in a different district and expect support for an issue in your district), and instead always cast votes with an at-large perspective of what is best for San Rafael overall, considering the needs and interests of the entire community.

Councilmembers are the primary point of contact within their district and communicate with the residents regularly. When doing so, they speak as the district councilmember.

Councilmembers may only communicate “city positions” that the full city council has voted on in open publicly noticed meeting. Councilmembers shall not speak on behalf of or act in a role similar to a councilmember of another district, unless explicitly requested by that district councilmember.

1.2.B. Interactions Outside Your District
Councilmembers go to events and activities in all city council districts, not just their own.

If a councilmember is attending a community meeting or ceremonial event in a district outside of their own, the following agreements apply:
4 • Prior to the meeting/event/activity, send a courtesy communication to the mayor and that district councilmember, for awareness, and in case they want to attend as well.
• During the meeting/event/activity, do not speak on behalf of that district’s councilmember, but instead offer to pass along issues or concerns to the district councilmember.
• Remain mindful not to inadvertently commit the city to any particular action or position.
• When sharing perspectives publicly, clarify that you are not speaking on behalf of the entire council or city.
• Educate the community on the council-manager form of government and the roles of the mayor, district councilmembers, city manager and staff. • Demonstrate support for fellow councilmembers.
• Inform the district’s councilmember and city manager about anything substantive heard from the community regarding city business.

1.2.C. Emerging Issues or Initiatives
When an emerging issue and/or initiative arises outside of the annual strategic planning and budgeting cycle, councilmembers should reach out to the mayor, to the extent allowed under the Brown Act, to determine if the new initiative rises to the level of potential re-prioritization of a council goal as identified in the annual workplan. If so, the mayor will confer with the city manager to determine next steps.

1.2.D. Council Appointment Assignments
Every year, at the council’s annual retreat, the mayor facilitates a discussion about the annual appointment process to various bodies and subcommittees. Councilmember assignments rotate periodically, including the role of vice mayor, such that each councilmember has the opportunity to broaden their expertise in all areas of city policy.

The rotation will be based on whatever will best serve the city and the highest functioning of the Council and not based on seniority. The city council will approve the annual appointment assignments in an open, publicly noticed council meeting.

Councilmembers may be invited to events on subjects that other councilmembers are assigned to through the formal, annual appointment process. In that case, the invited councilmember should either defer to the assigned councilmember (the preferred option) or, the invited councilmember should follow up with the district councilmember and inform them about anything substantiative that arose at the event.

1.2.E. Communications with other Elected Officials
When contacted by other elected officials, such as the Board of Supervisors members, or state/federal legislators:
o Be mindful not to inadvertently represent your position as that of the full city council.
5 o To the extent allowable in the Brown Act, send a courtesy communication to the mayor regarding the discussed topics, recognizing the mayor’s role as the top regional political contact.

1.2.F. Council Teamwork
Ask for what they need from fellow council members and how they can support them.

Healthy dissent is practiced as part of good governance.

1.2.G. Political Advocacy by Councilmembers
This section establishes clear, consistent governance standards for when the San Rafael City Council will issue official statements, adopts proclamations, sign onto advocacy efforts, or otherwise take public positions beyond routine legislative and administrative actions. It clarifies that advocacy effort should be considered in context of maintaining focus on matters within the City’s authority and responsibility On January 20, 2015, the city council adopted Resolution No. 13870, which established a formal legislative platform and a streamlined procedure for the city to support or oppose pending state and federal legislation, which established a formal legislative platform and a streamlined procedure for the city to support or oppose pending state and federal legislation.

By establishing that advocacy efforts delivered by an individual councilmember remain within the personal role (not official staff action), the integrity, neutrality, and professional credibility of the city’s administrative operations are protected.

Official city council advocacy includes, but is not limited to:
o Resolutions or proclamations adopted by the City Council. o Letters, statements, or sign-on communications issued in the name of the City Council.
o Formal participation in advocacy coalitions or collective statements.

Nothing in this section limits the ability of individual councilmembers to express personal views or advocate in their individual capacity. When doing so, they shall:
• Clearly distinguish their personal stance from city policy, and • Not give the impression that their perspective is the official position of the city council or city staff, and
• Expressly acknowledge that they are not speaking on behalf of the City of San Rafael.

Guiding Principles
Official city council advocacy should:

1. Be grounded in the city’s municipal purpose, legal authority, and service responsibilities.

2. Reflect the collective judgment of the city council acting as a body.

3. Avoid diluting the city’s effectiveness by engaging in matters outside its jurisdiction without a clear local nexus.

4. Be applied consistently across issues, communities, and requests. 6 A councilmember should not use city letterhead, or city staff time, or resources to endorse or campaign for candidates for public office (local, state, federal) or to imply that city staff are participating in a campaign or advocacy on behalf of a candidate.

Councilmembers should not direct or appear to direct city staff, department directors, or the city manager’s office to carry out advocacy efforts, promotional campaigns, or external lobbying on their behalf.

General Eligibility Criteria
The city council may consider official advocacy only when all of the following criteria are met.

1. The issue has a direct local municipal nexus and has a demonstrable connection to San Rafael residents, city services, municipal operations, legal authority, or fiscal responsibilities.

2. The city has legal authority to act, or a clear and reasonable opportunity to influence outcomes through established local, regional, or intergovernmental channels.

3. The proposed action aligns with adopted city council goals and the city’s strategic plan.

4. The issue demonstrably affects a substantial portion of San Rafael residents, city facilities, or city services, or has a clear and foreseeable impact on community-wide public safety, access to services, or civic participation.

National and International Issues
The city council will not take official positions on national or international matters, including wars, foreign policy, or international conflicts, unless:

1. The council determines that the matter has a direct and substantial impact on the city, such as effects on local public safety, economic stability, critical infrastructure, or legally protected populations; and

2. The action is approved by a two thirds (2/3) supermajority vote of the full city council in a publicly noticed meeting.

Absent these findings, statements regarding such matters are understood to represent the personal views of individual councilmembers, not the position of the city council as a governing body.

Proclamations and Symbolic Actions
Proclamations and symbolic recognitions may be issued when they:
• Serve a clear civic, educational, or community-building purpose; • Reflect inclusive community values; and
• Do not require the city to take sides in political, ideological, or foreign policy disputes outside the city’s authority.

1.2.H. City Council Professional Development, Conferences, and Travel • To ensure equitable and transparent use of city funds for councilmember professional development, conferences, and travel that directly support effective local governance 7 and alignment with the City’s strategic plan goals and objectives, The city council will establish a budget for professional development, conferences, and travel during the annual fiscal year budget process.
• Activities must be directly related to local government, municipal policymaking, and/or initiatives that advance the city council’s goals and strategic plan. • Allowable expenses include:
o Conference, workshop, or training registration fees.
o Travel, lodging, and meal expenses consistent with city policy. o Memberships in professional organizations relevant to municipal governance. • The city manager or their designee will review and approve requests based on relevance to role as a local government official and budget availability. • Under the Fair Political Practices Commission Requirement Form 700, travel reimbursements for city-related conferences are not reportable expenses, and therefore not required to be disclosed.
2 SECTION 2: MAYOR, VICE MAYOR, COUNCILMEMBERS & CITY

MANAGER ROLES AND RESPONSIBILITIES

2.1 Role Summary – Mayor
The City of San Rafael is unique in Marin County in that it is the only city with a directly elected mayor, as all the other cities and towns rotate the mayor position. Additionally, the San Rafael mayor position historically has taken on additional responsibilities that may be unique to San Rafael.

The mayor is the elected citywide leader of San Rafael, who is elected by all residents of San Rafael to provide leadership for the city. This role includes facilitating city policy discussions, representing San Rafael at the regional and state levels, and leading major civic initiatives in collaboration with the city manager, city council, and other stakeholders. As the official voice of the city, the mayor sets the tone for public communications and works with the city manager to review the agenda for city council meetings. The mayor ensures that city council actions reflect the long-term interests and priorities of the community and address its diverse needs.

Key Responsibilities - Mayor
Citywide Leadership
The mayor represents the entire community and promotes a cohesive vision for San Rafael’s future. Elected at-large, the mayor works with the city council and city manager to advocate for policies that foster the collective well-being of all residents and ensure the city’s long-term success. The mayor maintains awareness of key policy issues facing the City at large and works with the city council and city manager to help shape the framework for citywide priorities. The actual setting of priorities and, goals, objectives is a collaborative strategic planning effort that involves the entire city council, city manager, city staff and the community. The mayor facilitates councilmember appointments to various bodies or committees through the annual appointment process. 8 The mayor speaks on behalf of the city council when authorized to author letters of support for public policy decisions made by the city council. The mayor is also authorized to author letters representing the city as a whole, that are in alignment with City’s established policies and regulations, adopted by the entire city council.

Ceremonial Figurehead for San Rafael
• Represents the city at ceremonial functions or public events, acting as the "face" of the city, especially in interactions with the public or external stakeholders.

Council Meetings
• Runs city council meetings and facilitates the order in which council members participate.

Community Engagement
• Actively engages with residents, organizations, stakeholders, and businesses across all neighborhoods to stay connected to the broader community's needs and interests.

Representation and Advocacy
• Serves as San Rafael’s primary elected representative in intergovernmental matters, advocating for the city’s interests at the County of Marin, regional, state, and national levels.

Strategic Vision
• Spearhead's citywide strategic planning efforts, facilitating a unified approach to addressing the city’s major challenges and opportunities. While the mayor plays a key role in fostering collaboration and vision, the city manager leads the implementation of strategic plans and objectives.

2.2 Role Summary – Vice Mayor
• The vice mayor's role rotates on an annual basis.
• Serves as a backup for the mayor for ceremonial responsibilities when the mayor isn’t available.
• Serve as mayor pro tempore (“pro-tem”) of council meetings in the mayor’s absence.

2.3 Role Summary – Councilmember
Councilmembers are elected by districts within the City of San Rafael, ensuring localized perspectives and input are considered in setting policy. Although council members bring forward the unique concerns of their district, they are primarily responsible for serving the interests of the entire city, communicating with the mayor and other councilmembers to support a cohesive, well-balanced approach to policymaking and resource allocation.

Key Responsibilities – Councilmember
9 District Representation
• Ensures district issues are heard and considered by the full council on subcommittees and at council meetings.
• Following the Brown Act, reach out to the mayor and city manager to ask for support and ideas about how to address district-related issues. • Attends ceremonial events, such as groundbreakings or ribbon cuttings, regardless of district. If only one councilmember receives an invitation, they will proactively inform the others of the event.

Citywide Policy
• Communicated with the mayor and city manager on policy initiatives that affect the entire city, working to balance district interests with citywide goals. • Serves on council subcommittees and develops expertise on specific issues (i.e., finance, homelessness) and shares knowledge with colleagues, following the Brown Act.

Representation and Advocacy
• Communicates directly with the mayor on intergovernmental matters, when advocating for the city’s interests at the County of Marin, regional, state, and national levels. Provide courtesy notification to the mayor when issues and/or discussions involve external elected officials and executive-level staff in other agencies. • When serving on an external agency board, the authority to speak/vote on behalf of the city is delegated to the councilmember when in alignment with city policies and goals; otherwise, the item is to be brought back to the full council for discussion in a publicly noticed meeting.

Community Outreach
• Maintains strong connections within the district to keep a pulse on resident concerns, while engaging with citywide initiatives to ensure all voices contribute to policy making.

Legislative Role
• Considers both district-specific and broader community interests when voting in a public city council meeting.
• Reviews all materials (council packet, etc.) prior to the city council meeting and asks questions of the city manager prior to the meeting if needed for clarification or additional information.
• Serves on city council standing and ad hoc subcommittees.

Responsive Representation
• Serves as a liaison between their district and the city manager, responding to local concerns and working with the city manager to address issues that impact both their district and the broader community of San Rafael.
10 Media
• Upon receipt of a media inquiry, coordinates response with the city manager and/or PIO designee to ensure accuracy and timeliness of response. May directly respond to a media inquiry for a quote, when appropriate.

2.4 Role Summary - City Manager
The city manager serves as the chief executive officer of the City of San Rafael, overseeing the daily operations of the city government under the policy direction of the mayor and city council. As described in the City Charter, the city manager is responsible to the city council for the efficient administration of all city business and operations.

Acting as the primary liaison between the city council and city staff, the city manager ensures that council priorities and policies are implemented effectively while providing professional expertise and recommendations to inform decision-making. The city manager is responsible for fostering a high-performing organizational culture, managing municipal operations, maintaining fiscal health, and promoting transparency and equity in service delivery to meet the needs of the community.

Key Responsibilities – City Manager
Executive Leadership
• Implements city council policies and priorities by managing the administration of all city departments and operations, including budget and fiscal management. • Provides strategic guidance and professional expertise to the mayor, city council, and vice mayor, offering recommendations based on expertise, research, best practices, and community needs.
• Ensures alignment of city operations with council-adopted strategic plans, goals, long-term plans, and the broader vision for San Rafael.

Policy Implementation and Advisement
• Prepares and presents policy recommendations, reports, and analyses to the city council to aid in decision-making.
• Collaborates with the mayor and city council to set strategic goals and priorities while ensuring transparent communication with the community.
• Serves as the primary contact for implementing legislative actions and ensuring compliance with state and federal regulations.

Organizational & Operational Oversight
• Leads the recruitment, development, and retention of a diverse and talented city workforce, fostering a culture of professionalism, innovation, and collaboration. • Ensures the organization is responsive to community needs and is responsible for implementing the city council’s adopted strategic plan. • Oversees the preparation and administration of the city's budget, ensuring fiscal responsibility and efficient allocation of resources.
11 Community Engagement
• Represents the city in interactions with residents, stakeholders, and community organizations, fostering trust and collaboration through open and transparent communication.
• Promotes civic engagement by attending community meetings and events, gathering input to inform city initiatives.
• Acts as a key point of contact between the city and appointed top executives of external partners, including regional, state, and federal agencies, as well as community-based organization partners.

Collaboration with Elected Officials
• Works closely with the mayor to prepare agendas, review citywide priorities, and coordinate responses to district-specific and citywide issues. • Supports councilmembers in addressing district-specific concerns while balancing broader citywide objectives.
• Maintains regular communication with the mayor and councilmembers to stay informed on emerging issues and ensure consistent representation of city goals.

Emergency Management
• Serves as the city's director of emergency services and oversee the city’s emergency organization in all phases of emergency management, including mitigation, preparedness, response, and recovery in support of the community’s safety and resilience during crises.
• Represents the city in all dealings with public or private agencies on matters pertaining to emergencies.

Strategic Planning and Innovation
• Leads long-term strategic planning efforts to address community challenges and priorities.
• Drives initiatives that modernize city operations, reduce unnecessary bureaucracy, and enhance service delivery.

Performance and Accountability
• Monitors and evaluates the effectiveness of city programs and city staff; ensuring accountability, continuous improvement, and alignment with council and community priorities.
• Reports regularly to the city council and community on progress toward achieving city goals and addressing emerging issues.
3 SECTION 3 – INTERACTION WITH STAFF & COMMUNICATION

PROTOCOLS
Section 2 clarifies communication and interaction expectations between the mayor and councilmembers and city staff. It states that council members can communicate directly with 12 senior leaders for information-gathering and community coordination and defines the city manager’s role as the sole authority for directing staff, assigning work, and managing the operations of the city. Additionally, this section covers coordination of communication between the council and the community.

It provides additional guidance on interactions with labor groups and maintaining professional boundaries organizational effectiveness.

In the council–city manager form of government, the city manager is responsible for the dayto-day administration of the city and for directing staff. To maintain clarity of roles while supporting open communication and collaboration, the following guidelines apply:

Councilmember Conduct Toward Staff - Guiding Principles Staff serves the community under the direction of the city manager by carrying out the city council’s policies and providing professional, objective recommendations. Council members must maintain respectful, professional relationships with staff at all times, recognizing that a culture of trust and mutual respect supports effective governance and effective service delivery.

3.1 Professionalism & Respect
• Treats all staff with courtesy, civility, and professionalism, in public and private. • Recognizes staff’s role to provide information and recommendations, not engage in political advocacy.
• Does not publicly criticize, reprimand, or question individual staff performance in meetings or media settings.

3.2 Providing Feedback
• Routes all concerns, performance issues, or complaints about staff to the city manager, who is responsible for supervision and performance management. • Avoids giving direction to staff or appearing to evaluate or discipline them individually.

3.3 In Meetings & Public Settings
• Maintains a respectful tone during discussions and allow staff to complete presentations before questioning.
• Directs questions to staff in a way that is respectful and professional. • Avoids using public meetings or statements to single out staff for blame or criticism.

3.4Public Statements
• When speaking publicly or to the media, do not attribute motives or opinions to staff or imply they acted improperly.
• Reinforce that staff implement the city council’s direction through the city manager and serve the community impartially.
13 3.5Communication with Staff
The mayor and councilmembers may communicate directly with department directors, assistant city managers, and senior leaders for the purpose of obtaining information, discussing community concerns, and coordinating events. When doing so, councilmembers shall copy the city manager and/or an assistant city manager (based on the functions they oversee) on all substantive communications to ensure situational awareness, role clarity, alignment on priorities, and timely coordination of follow-up. If communication between a councilmember and staff is a conversation, the councilmember shall inform the city manager about the content of any substantive discussion. • When emailing to obtain general or publicly available information (e.g., items posted on the City’s website or previously released to the public), there is no need to copy the city manager or assistant city manager.
• To maintain clear and consistent communication, department directors, assistant city managers, and other key managers will copy the city manager on their communications with the mayor and councilmembers and promptly inform the city manager of interactions where substantive discussion occurred.
• Substantive communications include any conversations, emails, text messages, or meetings between a councilmember and staff that involve policy matters, operational issues, staffing or resource needs, or questions that may influence city priorities, emerging issues, resource allocation, operational decisions, and/or workload.

For purposes of this protocol, “substantive communications” include:
• Asking staff for analysis, work products, recommendations, or opinions on pending policy and/or operational matters.
• Discussing project scope, timelines, or priorities for city initiatives. • Suggesting or requesting that staff take particular action. • Raising concerns about staff performance, departmental operations, and/or resource allocation.

Examples of communications that are not substantive include:
• Acknowledging receipt of an email.
• Providing or linking to publicly available information. • Offering factual explanations to clarify existing city policies, procedures, programs, or decisions.
• Responding to community complaints with general information or directing residents to the appropriate resource; for example, referring residents to the City’s website or the Public Works Community Resource Management (CRM) tool (i.e, SeeClickFix), which is the current constituent resource management system for reporting potholes, graffiti, etc. For generic emails inboxes (i.e., [email protected]) councilmembers will use these as tools to acknowledge a community member’s email and refer them to the appropriate team and/or staff for a resolution. 14 3.6 Requests for Staff Attendance at Events
• Councilmembers shall not directly ask or direct staff to attend community events, meetings, or functions. Any such requests should be routed through the city manager or assistant city manager, who will determine staff availability and appropriateness of participation.

3.7 Direction and Work Assignments & Priorities
• Direction to staff, initiation of new work assignments, or reprioritization of existing work shall occur only through the city manager or assistant city managers, depending on their direct areas of supervision. This preserves the integrity of the council– manager form of government and ensures that staff receive clear direction. • Councilmembers should be careful not to inadvertently direct staff or create the impression that staff are being directed, which can sometimes occur when council members make suggestions about what and how they would like the work to be completed.
• While it is appropriate to ask questions or seek factual information, councilmembers should avoid engaging in substantive conversations with staff about city operations, policy development, or project priorities, as these discussions can be interpreted as providing direction or influencing operational decisions and priorities. Any conversation that involves how work should be performed, what actions should be taken, or the timing or prioritization of work should occur only with the city manager or assistant city manager present.

3.8 Working Hours and Communication Channels
• To promote work–life balance and consistency, councilmembers will reach out to staff during regular working hours (typically Monday–Friday, 8:30 a.m.–5:00 p.m. – except when public or community meetings occur outside of typical hours). Contact outside these hours should be reserved for emergencies or urgent, time-sensitive matters.

Council members are encouraged to send emails at any time, understanding that staff will respond in a timely manner during regular business hours.

3.9 Interaction with Labor Groups
• Councilmembers may meet with any city labor groups 1:1 after first checking in with the city manager. For substantive issues that require additional city staff and/or outside elected officials, it will be the mayor, and, as appropriate, the city manager will serve as the city’s representative for these meetings. During periods of active labor negotiations, councilmembers agree to refrain from meeting with labor groups to maintain the integrity of the negotiation process and ensure consistency in communication.
15 4 SECTION 4 - COORDINATION OF COMMUNICATIONS WITH THE PUBLIC

4.1 Communication with the Public
• To ensure transparency, coordination, and consistent follow-up, the city manager and/or an assistant city manager (based on the functions they oversee) should be copied (“cc’d”) on all substantive written communications between the mayor or councilmembers and community members that relate to city business, particularly matters that may impact municipal services, programs, policies, priorities, resources, and/or staff workload. • Including the city manager in substantive communications is essential under the council– manager form of government, in which the city manager is responsible for the administration of city operations and for directing staff. The city manager is ultimately accountable for all work performed by the organization and must therefore have full situational awareness of issues raised. This ensures that the wishes and policy direction of the city council are effectively implemented by providing the necessary resources, guidance, and follow-up for staff to be successful.

For purposes of this protocol, “substantive communications” includes:
• Policy and/or operational issues, community requests that require staff work, or matters that could influence City priorities, resources, or workload. • Emails that go beyond routine acknowledgments, referrals to specific contacts, or factual responses.
• Replies to community members that commits the city to exploring or addressing an issue, in a particular way, or in a particular time frame.
• Communications that highlight potential changes in city operations, programs, or services.

Examples of communications that are not substantive include:
• Acknowledging receipt of an email.
• Thanking a community member for their input.
• Providing or linking to publicly available information. • Offering factual explanations to clarify existing city policies, procedures, programs, or decisions.
• Responding to community complaints with general information or directing residents to the appropriate resource; for example, referring residents to the City’s website or SeeClickFix, which is the current constituent resource management system for reporting potholes, graffiti, etc. For generic emails inboxes (i.e., endhomelesses) councilmembers will use these as tools to make acknowledge the residents’ email and refer them to the appropriate staff for a resolution.

4.2 Constituent Management
• The mayor and council members use the city council constituent resource management (CRM) system, managed by the city managers’ office, when community 16 member issues are brought to them that are operational in nature (i.e., requests for crosswalk flashing beacons, neighbor-to-neighbor disputes, questions about capital projects, code enforcement inquiries). For policy-level issues, communicate those directly via email to the city manager and/or assistant city manager for resolution.

4.3 Community Written Inquiries
• When an inquiry comes in addressed to the full city council, staff will respond on behalf of the city council and will forward their response to the council on all occasions that are not addressed directly by the mayor or councilmembers. To avoid situations where different staff are being asked to respond by different councilmembers, these inquiries should be forwarded to the city council CRM system.
• Individual councilmembers are not prohibited from directly responding to written community inquiries, such as email, but must follow the Brown Act and should take care not to speak on behalf of the city (on issues that do not have clear city positions, voted on in an open session) or over-commit a particular response. • If the city receives communication addressed to the mayor or one councilmember which clearly should be shared with the full city council, staff will share the communication with the full city council.
5 ATTACHMENTS
The following items are included as attachments to provide clear reference materials that support councilmembers in complying with applicable ethics, disclosure, and conflict-of-interest requirements.
• Attachment A: Guideline for Elected Officials: Charitable Solicitations and “Behested Payments”
• Attachment B: Guidelines on Board Participation on Non-City Boards 17 5.1 Attachment A
Guideline for Elected Officials: Charitable Solicitations and “Behested Payments” What This Is About
Under California’s Political Reform Act and Fair Political Practices Commission (FPPC) rules, when an elected official asks, requests, or otherwise influences someone to make a charitable, governmental, or legislative donation, that donation is considered a “behested payment.” This rule applies even if:
• The payment is for a legitimate nonprofit or public cause; and • The official does not personally receive any money.

The Threshold
Reporting is required when the total amount donated by a single source at the official’s request is $5,000 or more in a calendar year.

Once that threshold is met, any additional donations from that same source must also be reported — regardless of size.

The Timing
The official must file a Form 803 (Behested Payment Report) within 30 days of the date the payment is made.

Where to File
Local elected officials file the Form 803 with their agency’s filing officer (typically the City Clerk). State officials file with their state agency, which forwards it to the FPPC.

What the Report Must Include
The Form 803 discloses:
• The donor’s name and address;
• The recipient charity’s name and address;
• The amount and date of the payment; and
• A brief description of the charitable purpose.
• Form 803 is a public record — it must be posted on the agency’s website within 30 days of filing.

When the Rule Applies
The rule applies when an official:
• Personally, asks a person, business, or organization to contribute; • Is featured or named in a fundraising solicitation (flyer, website, social media, etc.); or • Acts through an agent or intermediary to request or encourage a donation.

What Doesn’t Trigger Reporting
Reporting is not required if:
18 • The official makes a general public appeal (e.g., “please support fire relief charities”) without naming a specific organization;
• The payment is made by a government agency or public fund; or • The total amount from a single donor in the calendar year is under $5,000.

Key Limitations
• The donations cannot be campaign contributions — this rule is strictly for charitable or governmental purposes.
• The official may not receive any personal benefit or compensation.

Even if the official sits on the nonprofit’s board, the same reporting and ethical limitations apply.

Penalties for Non-Compliance
Failure to timely file Form 803 can result in FPPC enforcement actions, administrative fines, and negative press/public disclosure, since the reports are public.

The Form
Download the official FPPC Form 803 – Behested Payment
Report here: https://www.fppc.ca.gov/content/dam/fppc/NSDocuments/TAD/Agency%20Reports/Form803.pdf FPPC Fact Sheet
https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/TAD/fact-sheets/behestedpayments/Behested_Payment_Report_Fact_Sheet_Final.pdf 19 5.2 Attachment B
Guidelines on Board Participation on Non-City Boards
Board Participation on Non-City Boards
As elected officials for the City, the priority is to serve the San Rafael community; therefore, participation on outside boards, those that are not identified on the City of San Rafael’s Council Appointments resolution, is discouraged. When considering, consult with the city manager and/or City Attorney.

Incompatible Offices
Serving on a non-profit board is acceptable and does not violate the incompatible office doctrine, unless it creates a serious conflict of interest issue as stated in the Conflict of Interest (California Political Reform Act Government Code Section 1090), if the nonprofit receives funding, contracts, or regulatory decisions from the City, the councilmember must:
• Disqualify from votes affecting the nonprofit.
• Will be required to publicly disclose the relationship. • Could face violations if pecuniary interests exist.
• Political Reform Act and related laws prohibiting officials from having a financial interest in matters coming before the City (e.g., Government Code Section 1090).

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY COUNCIL APPROVAL OF THE CITY COUNCIL

GOVERNANCE, AGREEMENTS, ROLES & RESPONSIBILITIES AND COMMUNICATION

PROTOCOLS
WHEREAS, the City Council held a retreat on November 12, 2025 to review the Governance, Agreements, Roles & Responsibilities and Communication Protocols Document; and WHEREAS, this document was most originally drafted and discussed in a public meeting in 2022; and
WHEREAS, The purpose of this document is to establish a comprehensive set of governance rules by which the San Rafael City Council conducts its business in a fair, consistent, and equitable manner; and
WHEREAS, the intention is to create a system and a clear process so that this document will continue to shape the City's culture of high functioning governance into the future; and WHEREAS, during the City Council retreat on November 12, 2025, numerous revisions were proposed and discussed; and
WHEREAS, the Project is exempt from environmental review pursuant to California Environmental Quality Act Guidelines 15061(b)(3).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES The City Council hereby approves and adopts the Governance, Agreements, Roles & Responsibilities and Communication Protocols Document.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Tuesday, the 20th day of January 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

____________________
Lindsay Lara, City Clerk