Agenda packet — San Rafael City Council, February 17, 2026 (part 1 of 3)

AGENDA

SAN RAFAEL CITY COUNCIL - TUESDAY, FEBRUARY 17, 2026
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/city-council-2
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

OPEN TIME FOR PUBLIC EXPRESSION – 10 MINUTES
Members of the public may speak to the City Council on items that are not on the agenda and are within the Council’s jurisdiction. Open Time for Public Expression happens twice during the meeting. At the beginning of the meeting, public comment is limited to a total of 10 minutes, with each speaker allowed up to 2 minutes. Open Time for Public Expression will be held again at the end of the meeting with no total time limit. Please note that, under state law, the City Council cannot discuss or take action on items that are not on the agenda.

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

1. City Manager and Councilmember Reports:

CONSENT CALENDAR:

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

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special, Closed Session and Regular City Council Meetings of February 2, 2026, Closed Session City Council Meeting of February 9, 2026, and the Closed Session City Council Meeting and Special City Council Meeting of February 11, 2026 (CC) Recommended Action - Approve Minutes as submitted
2 b. 350 Merrydale Road Interim Shelter
Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Swinerton Management & Consulting (Swinerton) to Provide Project Management and Construction Management Services in an Amount Not to Exceed $229,703 and an Amendment to a Professional Services Agreement with LCA Architects to Provide Design Services in the Amount Not to Exceed $207,250 for a Total Contract Amount of $280,750, and Authorizing a Supplemental Fiscal Year 2025-26 Budget Appropriation in the Amount of $510,453 Provided Through the Encampment Resolution Fund Round 3 Grant (Fund 281) (CM)
Recommended Action – Adopt Resolution
c. Approval of Final Subdivision Map for 709 C Street Four-Unit Condominium Project Resolution Approving the Final Subdivision Map for the 709 C Street Development for Condominium Purposes (PW)
Recommended Action – Adopt Resolution
d. Peacock Gap Park Playground Improvement Project Completion Accept Completion of the Peacock Gap Park Playground Improvement Project, City Project No. 11436, and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action – Accept Completion and authorize the City Clerk to file the Notice of Completion
e. Pickleweed Childcare Replacement Portable Buildings Procurement Resolution Accepting a Proposal From Class Leasing, LLC for the Procurement of Portable Buildings for the Pickleweed Childcare Replacement Portables Project, City Project No.

C661145010, in the Amount Not to Exceed $849,606 and Authorize the City Manager to Execute the Purchase Agreement (Sole Source); CEQA Determination Exempt Pursuant To CEQA Guideline 15302 (PW)
Recommended Action – Adopt Resolution

PUBLIC HEARINGS

3. Public Hearings:
a. Call for a Special Election to Renew the Special Library Services Parcel Tax Resolution Calling for a Special Municipal Election on June 2, 2026, for the Purpose of Submitting to the Qualified Electors of the City of San Rafael, a Measure to Extend a Special Library Services Parcel Tax and Updating the Senior Exemption; Authorizing and Requesting that the County of Marin Consolidate and Conduct the Election; Directing the City Attorney to Prepare an Impartial Analysis and Authorizing the Mayor and Councilmember Bushey to File a Ballot Argument and Rebuttal for the Measure. CEQA Determination: Exempt Pursuant to CEQA Guideline 15061(b)(3) (CM)
Recommended Action – Adopt Resolution
b. Amendments to Municipal Code Related to Bail Schedule Repeal and Parking Regulation Clarification
Ordinances: (PS)
i. Consideration of an Ordinance Amending San Rafael Municipal Code, to Repeal Chapter

5.74 Bail Schedule for Violations of the San Rafael Municipal Code; CEQA Determination: Exempt Pursuant to CEQA Guideline 15378(b)(5) Recommended Action – Introduce the Ordinance, waive further reading, and refer to it by title only
3 ii. Consideration of an Ordinance Amending San Rafael Amending Municipal Code, Chapter

5.48 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets, to Clarify Applicability to Off-Street Parking Facilities; CEQA Determination: Exempt Pursuant to CEQA Guideline 15378(b)(5)
Recommended Action – Introduce the Ordinance, waive further reading, and refer to it by title only
c. Appeals of Planning Commission Approval for Mixed-Use Development at 700 Irwin Street Resolutions Denying the Three Appeals of and Upholding the Planning Commission Determination Approving an Environmental and Design Review Permit (ED25-031) and Associated Conditions of Approval and a Below Market Rate (BMR) Agreement to Allow for the Demolition of an Existing Vacant Office Building and Development of a New Mixed-Use Building with 200 Residential Units and Commercial Space Located at 700 Irwin Street (APN 014-132-18) and Determining the Project is Statutorily Exempt from CEQA Review Pursuant To Public Resources Code Section 21080.66 (CED) Recommended Action – Adopt Resolutions (4)
d. Appeal of Planning Commission Approval for Mixed-Use Development at 1030 3rd Street (Also Known As 900 A Street Project)
Resolution Denying the Appeal of and Upholding the Planning Commission Approval of an Environmental and Design Review Permit for Demolition of an Existing Commercial Building, Construction of a New Mixed-Use Building Containing 4,000 Square Feet of Commercial Space and 131 Residential Units Located at 1030 3rd Street (APN 011-263-21), and Determining the Project is Categorically Exempt Pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA) (CED) Recommended Action – Adopt Resolution

OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
Members of the public may speak to the City Council on items that are not on the agenda and are within the Council’s jurisdiction. Please note that, under state law, the City Council generally cannot discuss or take action on items that are not on the agenda, unless there is an emergency or an urgent issue that came up after the agenda was posted. Each speaker may speak for up to two minutes. Comments should be respectful to the community.

ADJOURNMENT:

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

Minutes subject to approval at the February 17, 2026 City Council Meeting

MINUTES

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SAN RAFAEL CITY COUNCIL SPECIAL CLOSED SESSION
MONDAY, FEBRUARY 2, 2026 AT 5:30 P.M.

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

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

Absent: None
Also Present: City Attorney Robert Epstein
Mayor Kate called the meeting to order at 5:30 p.m.

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM
The Mayor will announce Closed Session items and invite public comment on agenda items. Each speaker will have two minutes to provide comments before the City Council convenes in Closed Session.

1. Mayor Kate announced Closed Session items.

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

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM

2. Closed Session:
a. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) Lin, et al v. Petaluma People Services Center, et al. (Marin Superior Court Case No.

CV 0003911)
ADJOURNMENT:

Mayor Kate adjourned the meeting at 5:41 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the February 17, 2026 City Council Meeting

MINUTES

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SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, FEBRUARY 2, 2026 AT 4:00 P.M.

In-Person:

City Hall Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/city-council-1
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398#

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

Absent: None
Also Present: Assistant City Manager Angela Robinson-Piñon City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 4:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

City Attorney Robert Esptein provided comment that this item relates to no specific property or project and advised the City Council to refrain from comments related to specific projects.

STUDY SESSION
a. 2026 Housing Study Session One
Presentation on Housing Development in San Rafael and Potential Changes to Housing Policies and Review Procedures (CED)
Assistant City Manager Angela Robinson-Piñon provided comments and introduced Assistant Community & Economic Development Director Greg Minor and Planning Manager Margaret Kavanaugh-Lynch who presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Richard Falk, Ken Dickinson, Marianne Nannestad, David Smith, Responsible Growth of Marin, Bill Carney, Sustainable San Rafael, Tom Monahan, Name Withheld, Gregory Andrew
Staff responded to questions from the public and the City Council.

Councilmembers provided comments.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 5:27 p.m.
_________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor

Minutes subject to approval at the February 17, 2026 City Council Meeting

MINUTES

SAN RAFAEL CITY COUNCIL - MONDAY, FEBRUARY 2, 2026
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/city-council-1
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

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

Absent: None
Also Present: Assistant City Manager Angela Robinson-Piñon City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:03 p.m. and invited City Clerk Lindsay Lara to call the roll.

City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session held earlier this evening. As for the January 20 meeting, he announced there was a Closed Session to discuss the pending litigation of Worker’s Compensation Appeals Board, Claim No. 1993400030 and the report out made that night is being corrected now. The report out indicated that the Council had voted unanimously to authorize the settlement of the Worker’s Compensation Claim at 50% of permanent disability, which was incorrect. The correct number that was settled and approved was for 58% of permanent disability.

Mayor Kate provided opening remarks which included gratitude to City Staff, recognition to Employee of the 3rd Quarter awarded to Jim O’Hagan, Park Equipment Mechanic, recognition to Team of the 3rd Quarter awarded to the Fire Department, Emergency Medical Services (EMS) and Operations team, the death of two American citizens during encounters with federal law enforcement agencies in Minnesota, and a land acknowledgment. 2 City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

OPEN TIME FOR PUBLIC EXPRESSION – 10 MINUTES
• DeMarco Garcia, Legal Aid of Marin, addressed the City Council regarding mobile home rent stabilization.
• Julio Sontay addressed the City Council regarding mobile home rent stabilization. • Herman Privette addressed the City Council regarding mobile home rent stabilization.

City Attorney Rob Epstein provided a comment on the Open Time comments.

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

1. City Manager and Councilmember Reports:

Assistant City Manager Angela Robinson-Piñon provided the following announcements and updates:
• Black History Month - Proclamation on tonight’s Agenda and Library to host several events and have curated booklists
• OpenGov Introduction - New user-friendly online permitting system to be implemented on February 23
• U.S. 101 HOV hours to change in Marin and Sonoma counties in late February to 6–9 a.m. and 3–6:30 p.m., Monday–Friday
• Lynn Murphy, Police Mental Health Outreach Provider to be inducted into the YWCA Marin Women’s Hall of Fame
• 2026 Public Service Award nominations open through February 6 • February Events
 3rd Annual Downtown San Rafael Lunar New Year Hunt & Word Scramble Challenge
 FeBREWary in Downtown San Rafael
• Upcoming Public Meetings
 Pickleweed Advisory Committee to be held February 4, at 6 p.m., at the Albert J.

Boro Community Center
 Finance Subcommittee to be held February 10, at 10 a.m., at City Hall  Board of Library of Trustees to be held February 10, at 6 p.m., at City Hall  Fire Commission to be held February 11, at 4 p.m., at the Public Safety Center  Bicycle and Pedestrian Advisory Committee to be held February 11, at 6 p.m., at City Hall
 Presidents Day Holiday Closure on February 16 - City Hall and other nonemergency operations would be closed
 Next City Council meeting to be held Tuesday, February 17 City Councilmember Reports:
• Vice Mayor Kertz reported on the Cal Cities Policy Committee, the Marin Women’s Hall of Fame honoring Lynn Murphy (Police Mental Health Outreach Provider), the Point-in-Time Count, and the “What About Age?” Exhibit. • Councilmember Hill reported on a Marin County Council of Mayors and Councilmembers (MCCMC) meeting.
• Councilmember Llorens Gulati reported on the Cal Cities Policy Committee, the City’s Sea Level Rise Study results presentation, a Marin Clean Energy meeting, the Marin 3 Women’s Hall of Fame, a Canal Celebration for the acquisition of 620 Canal Street, National Seed Swap Day, and a Marin Clean Energy Executive Committee meeting. • Councilmember Bushey reported on a Marin Transit meeting and the Marin Women’s Hall of Fame.
• Mayor Kate reported on a Sonoma-Marin Area Rail Transit (SMART) meeting, a Transportation Authority of Marin (TAM) meeting, and
Mayor Kate invited public comment.

Speakers: Gregory Andrew, Ken Dickinson
CONSENT CALENDAR:

Mayor Kate invited public comment.

Speaker: Ken Dickinson
Mayor Kate commented on a typo in the Minutes on the Agenda to be corrected to 2026.

Staff responded to questions from public comment.

Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to approve the Consent Calendar, with the corrected typo (in the Minutes).

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

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Closed Session and Regular City Council Meeting of January 20, 2025 (CC)
Approved Minute, with a correction to the typo on the Agenda b. Public Works Director Authority to Approve Public Works Project Plans Final Adoption of Ordinance 2058: 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) (CC)
Final Adoption of Ordinance 2058
c. Black History Month Proclamation
Proclamation in Recognition of Black History Month (CM) Received and filed
d. Agreements for Development of Impact Fee Nexus Studies Resolution Authorizing the City Manager to (1) Amend the Existing Professional Services Agreement with Keyser Marston Associates, Inc. for Additional Work Related to the Park Impact Fee Nexus Study for a New Not To Exceed Amount of $48,571, And (2) Enter Into 4 a New Professional Services Agreement with Keyser Marston Associates, Inc. for Additional Development Impact Fee Nexus Studies In the Not To Exceed Amount of $76,560, for a Combined Total Amount Not To Exceed Amount Of $125,131 (CED) Adopted Resolution 15503
e. Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project Funding Agreement
Resolution Authorizing The City Manager To Execute A Program Supplement Agreement With The California Department Of Transportation (Caltrans) For $180,000 In Local Highway Safety Improvement Program (HSIP) Funds For The Lincoln Avenue From Second Street To Paloma Avenue Safety Improvements Project (PW) Adopted Resolution 15504

OTHER AGENDA ITEMS

3. Other Agenda Items
a. SAFE Team Pilot Program Overview and Recommendation for Program Continuation Resolution Authorizing the City Manager to Execute an Amendment to the Agreement for Professional Services with Petaluma People Services Center to Extend the Term Through June 30, 2027 for Continuation of the Specialized Assistance for Everyone (SAFE) Team in a Not to Exceed Amount of $775,000 per Year Through the Term of the Contract Extension (PD)
Police Chief David Spiller provided comments and introduced Police Captain Todd Berringer and Aziz Majid, Director of SAFE Team, Petaluma People Services Center who presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Daryoush Davidi, Police Advisory & Accountability Committee, Ken Dickinson, Gregory Andrew
Staff responded to questions from public comment.

Councilmembers provided comments.

Vice Mayor Kertz moved and Councilmember Llorens Gulati seconded to adopt the Resolution authorizing the City Manager to execute an Amendment to the agreement for Professional Services with Petaluma People Services Center to extend the term through June 30, 2027 for continuation of the Specialized Assistance for Everyone (SAFE) Team in a not to exceed amount of $775,000 per year through the term of the contract extension.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15505
5 b. Fiscal Sustainability Framework
City’s Budget Outlook, Framework for Fiscal Sustainability, and Preliminary Staff Recommendations Related to Potential 2026 Ballot Measures (Fin) Assistant City Manager Angela Robinson-Piñon provided comments and introduced Assistant City Manager John Stefanski and Finance Director Paul Navazio who presented the Staff Report and introduced Kurt Balo, FM3 Research who gave a presentation.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Hill moved and Vice Mayor Kertz seconded to receive the presentation on the City’s budget outlook, framework for fiscal sustainability, and preliminary staff recommendations related to potential 2026 ballot measures.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Received presentation
c. Downtown San Rafael Arts District Public Art Program 2025/2026 Implementation: Five Public Art Proposals
i. Resolution (1) Approving the Installation of Three Murals and One Temporary Sculpture at Four Public Locations in San Rafael, And (2) Authorizing the City Manager to Execute Art License Agreements with Each Artist, And Amending the Agreement with Local Edition Marketing, LLC to Increase the Total Not to Exceed to $260,000; And
ii. Resolution Approving the Installation of One Sculpture in San Rafael and Authorizing the City Manager to Execute an Art License Agreement with the Artist (CED/LR) Councilmember Eli Hill recused himself due to a conflict of interest in that he resides within 500 feet of one of the sites identified in the staff report and left the Council Chambers.

Library & Recreation Assistant Director Craig Veramay and Economic Development Program Manager Stacey Luamann presented the Staff Report and introduced Tari Loring and Sage Loring, Local Edition Creative who gave a presentation.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speaker: Daniel Alm, West End Neighborhood Association
Councilmembers provided comments.
6 Vice Mayor Kertz moved and Councilmember Llorens Gulati seconded to adopt the Resolution approving the installation of three murals and one temporary sculpture at four public locations in San Rafael, And (2) authorizing the City Manager to execute art license agreements with each artist, And amending the agreement with Local Edition Marketing, LLC to increase the total not to exceed to $260,000
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Adopted Resolution 15506
Councilmember Bushey moved and Vice Mayor Kertz seconded to adopt the Resolution Approving the Installation of One Sculpture in San Rafael and Authorizing the City Manager to Execute an Art License Agreement with the Artist
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Adopted Resolution 15507
Councilmember Hill returned to the Council Chambers at 9:08 p.m.

OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
None.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 9:08 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the February 17, 2026 City Council Meeting

MINUTES

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SAN RAFAEL CITY COUNCIL SPECIAL CLOSED SESSION
MONDAY, FEBRUARY 9, 2026 AT 6:00 P.M.

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

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

Absent: None
Also Present: City Attorney Robert Epstein
Mayor Kate called the meeting to order at 6:00 p.m.

1. Mayor Kate announced Closed Session items.

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

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM

2. Closed Session:
a. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager
ADJOURNMENT:

Mayor Kate adjourned the meeting at 8:21 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the February 17, 2026 City Council Meeting

Page 1 of 3 ends

MINUTES

SAN RAFAEL CITY COUNCIL SPECIAL MEETINGS
WEDNESDAY, FEBRUARY 11, 2026
In-Person:

City Hall, City Manager’s Conference Room
1400 Fifth Avenue, San Rafael, CA 94901

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

Absent: None
Also Present: City Attorney Robert Epstein
Mayor Kate called the meeting to order at 5:00 p.m.
5:00PM - OPEN SESSION – CITY MANAGER’S CONFERENCE ROOM
The Mayor will announce Closed Session items and invite public comment on agenda items. Each speaker will have two minutes to provide comments before the City Council convenes in Closed Session.

1. Mayor Kate announced Closed Session items.

Mayor Kate invited public comment.

Speaker: Richard Bernstein, Federation of San Rafael Neighborhoods 5:00PM - CLOSED SESSION – CITY MANAGER’S CONFERENCE ROOM

2. Closed Session:
a. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)
Title: Acting City Manager

ADJOURN TO SPECIAL MEETING IN COUNCIL CHAMBERS
Mayor Kate adjourned the meeting at 5:29 p.m.

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In-Person:

City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/CCSM-2026-02-11
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 850-9090-9460#

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

Absent: None
Also Present: City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 5:32 p.m. and invited City Clerk Lindsay Lara to call the roll.

City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session held earlier that evening, or on Monday, February 9, 2026. 5:01PM – SPECIAL MEETING – COUNCIL CHAMBERS

1. Special Meeting:
a. Acting City Manager Appointment
Resolution of the City Council of the City of San Rafael Appointing City Employee as Acting City Manager (CA)
City Attorney Robert Epstein presented the Staff Report.

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

Vice Mayor Kertz moved and Councilmember Bushey seconded to adopt the resolution appointing Paul Navazio as Acting City Manager.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15508

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Mayor Kate adjourned the meeting at 5:34 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.b
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: John Stefanski, Assistant City
Manager
Daniel Cooperman, Community Services
Division Director
City Manager Approval: ______________
TOPIC: 350 MERRYDALE ROAD INTERIM SHELTER
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH SWINERTON MANAGEMENT & CONSULTING (SWINERTON) TO PROVIDE PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $229,703 AND AN

AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH LCA

ARCHITECTS TO PROVIDE DESIGN SERVICES IN THE AMOUNT NOT TO EXCEED $207,250 FOR A TOTAL CONTRACT AMOUNT OF $280,750, AND AUTHORIZING A SUPPLEMENTAL FISCAL YEAR 2025-26 BUDGET APPROPRIATION IN THE AMOUNT OF $510,453 PROVIDED THROUGH THE ENCAMPMENT RESOLUTION FUND ROUND 3 GRANT (FUND 281)
RECOMMENDATION:

Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a professional services agreement with Swinerton Management & Consulting (Swinerton) to provide project management and construction management services in an amount not to exceed $229,703 and an amendment to a professional services agreement with LCA Architects to provide design services in the amount not to exceed $207,250 for a total contract amount of $280,750, and authorizing a supplemental fiscal year 2025-26 budget appropriation in the amount of $510,453 provided through the Encampment Resolution Fund Round 3 Grant (Fund 281).

BACKGROUND:

On November 17, 2025, the City Council took a series of actions to advance the City’s response to homelessness and enable the development of an interim shelter at 350 Merrydale Road. These actions included declaring a shelter crisis pursuant to Government Code section 8698 et seq.; adopting an urgency ordinance and introducing a related ordinance establishing local standards and procedures for homeless shelters; authorizing the City Manager to negotiate and execute an $8 million grant agreement and affordable housing agreement with the County of Marin; and authorizing the acquisition of the property at 350 Merrydale Road for use as an interim shelter followed by permanent affordable housing.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
With these approvals in place, the project has transitioned into its implementation phase. The interim shelter is intended to serve up to 70 individuals over time in 65 units on a temporary basis and requires coordinated site preparation, utility service upgrades, permitting, and construction activities to be completed within a defined timeframe. Advancing this work involves multiple City departments, external consultants, utility providers, and construction contractors, as well as sequencing tasks that must occur in parallel to maintain the project schedule.

As implementation proceeds, effective delivery of the interim shelter requires focused oversight of design coordination, permitting, utility service, scheduling, and construction activities. To support orderly and timely implementation consistent with prior City Council direction, staff identified the need for professional project management and construction management services.

ANALYSIS:

Following City Council direction to advance the interim shelter project at 350 Merrydale Road, staff evaluated the project requirements associated with moving from design into construction. The project will be delivered using a Design-Bid-Build approach and involves several concurrent activities, including design coordination, permitting, utility service coordination, bidding, and construction. These activities must be sequenced and managed in parallel to maintain the project schedule and address technical requirements. Department of Public Works, City Manager’s Office, and Community and Economic Development staff reviewed the level of coordination required across City departments, the design team, regulatory agencies, utility providers, and construction contractors, and determined that dedicated project management and construction management support would be necessary to effectively manage these activities during implementation. This assessment was based on the Department of Public Works’ expertise in managing and delivering complex capital projects, the number of interfaces involved, the need for ongoing schedule and budget tracking, and the requirement for consistent coordination throughout both the preconstruction and construction phases.

Swinerton Management & Consulting (Swinerton) was identified as a qualified firm to provide these services based on its experience providing project management and construction management support for similar public agency projects and modular construction. For the 350 Merrydale Road Interim Shelter project, Swinerton proposes to provide services during design, preconstruction, construction, and postconstruction phases. Proposed services include design coordination, constructability review, schedule and budget development and monitoring, permitting and plan check coordination, coordination with PG&E and the San Rafael Fire Department, and support through bidding and construction.

During construction, Swinerton would support day-to-day coordination through document control, field observations, progress reporting, review of requests for information and submittals, participation in weekly project meetings, coordination of inspections and testing, review of contractor payment requests, and support with change order review and project close-out. These services would support consistent communication among project participants and provide ongoing monitoring of progress against schedule and budget.

Staff determined that engaging professional project management and construction management services will support the timely and orderly implementation of the interim shelter while allowing City staff to retain overall project oversight and decision-making authority. Upon approval of the professional services agreement, Swinerton would begin coordinating with the design team and City departments to support completion of construction documents, permitting, and preparation for bidding and construction.

In addition, the city has contracted with LCA Architects, as part of our on-call architect list, to begin the architectural and joint trench design for the project. The original contract included schematic design and design development documents for a total not to exceed $73,500. Through this initial scope, LCA SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
prepared a preliminary site plan, which was reviewed by the community at a January 14, 2026, meeting.

This report includes an amendment to the professional services agreement to include the full design of the project. The total not to exceed for the amendment plus the original contract is $280,750.

COMMUNITY OUTREACH:

The City has conducted a series of community engagement activities related to the 350 Merrydale Road Interim Shelter Project. Outreach efforts included door-to-door outreach in October 2025, a community webinar in October 2025, an in-person open house on November 6, 2025, and in-person community engagement meetings on December 9, 2025, and January 14, 2026.

At these engagements, City staff shared information about the proposed site design, shelter operations, services, safety measures, and project timeline. Community members were invited to ask questions, share concerns, and provide feedback. Feedback received through these engagement efforts informed refinements to the site design, operational policies, and program materials, including updates to the Good Neighbor Policy, Resident Code of Conduct, and project FAQs.

The proposed professional services agreements support the implementation of the interim shelter project as refined through community engagement and are consistent with the site design, services, and operational framework shared with the community.

FISCAL IMPACT:

The recommendation in this staff report will authorize the PSA with Swinerton in an amount not to exceed $229,703 and an amendment to the LCA contract in an amount not to exceed $207,250 for a total contract value of $280,750, which will be funded by a supplemental appropriation from the City’s Encampment Resolution Fund Round Three Grant (Fund 281) in the amount of $510,453.

ENVIRONMENTAL REVIEW:

In adopting Resolution Nos. 15480 and 15479, the City Council previously found that the purchase of the real property located at 350 Merrydale for the purposes of an interim shelter and long-term permanent affordable housing was exempt from environmental review under the California Environmental Quality Act.

OPTIONS:

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

1. Adopt the resolution as presented.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

If any option is selected besides option 1, there will likely be a delay to the opening date of the interim housing project.

RECOMMENDED ACTION:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
ATTACHMENTS:

1. Resolution

2. Swinerton PSA

3. LCA Amendment to PSA
RESOLUTION NO.

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

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SWINERTON MANAGEMENT &

CONSULTING (SWINERTON) TO PROVIDE PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $229,703 AND AN AMENDMENT TO

A PROFESSIONAL SERVICES AGREEMENT WITH LCA ARCHITECTS TO PROVIDE DESIGN SERVICES IN THE AMOUNT NOT TO EXCEED $207,250 FOR ATOTAL CONTRACT AMOUNT OF $280,750, AND AUTHORIZING A SUPPLEMENTAL FISCAL YEAR 2025-26 BUDGET APPROPRIATION IN THE AMOUNT OF $510,453 PROVIDED THROUGH THE ENCAMPMENT RESOLUTION FUND ROUND 3 GRANT (FUND 281)
WHEREAS, On November 17, 2025, the San Rafael City Council took a series of actions to advance the City’s response to homelessness, including declaring a Shelter Crisis pursuant to Government Code section 8698 et seq.; adopting local standards and procedures for homeless shelters; authorizing the City Manager to negotiate and execute an $8 million grant agreement and affordable housing agreement with the County of Marin; and authorizing the acquisition of the property located at 350 Merrydale Road for use as an interim shelter followed by permanent affordable housing; and WHEREAS, with these approvals in place, the 350 Merrydale Road Interim Shelter Project has transitioned from planning and entitlement into implementation, requiring coordinated site preparation, utility upgrades, permitting, and construction activities to be completed within a defined timeframe; and WHEREAS, Implementation of the project involves concurrent and interrelated activities that require coordination among City departments, external consultants, regulatory agencies, utility providers, and construction contractors, as well as ongoing schedule and budget oversight; and WHEREAS, City staff have determined that engaging professional project management and construction management services is necessary to support the timely and orderly implementation of the interim shelter project while allowing City staff to retain overall project oversight and decision-making authority; and
WHEREAS, Swinerton Management & Consulting is a qualified firm with experience providing project management and construction management services for similar public agency and modular construction projects, and has submitted a proposal to provide such services for the 350 Merrydale Road Interim Shelter Project in an amount not to exceed $229,703; and WHEREAS, the City previously entered into a professional services agreement with LCA Architects to provide schematic design and design development services for the project, and staff have determined that an amendment to that agreement is necessary to complete the full design and construction documents required for implementation of the interim shelter project; and WHEREAS, the proposed amendment to the professional services agreement with LCA Architects would increase the total contract amount to $280,750, inclusive of the original contract amount; and
WHEREAS, the proposed professional services agreement with Swinerton Management & Consulting and the amendment to the professional services agreement with LCA Architects support implementation of the interim shelter project as refined through community engagement and are consistent with the site design, services, and operational framework shared with the community; and WHEREAS, Funds for the professional services agreement and amendment are available from the Encampment Resolution Fund Round 3 Grant.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby:

1. Authorizes the City Manager to execute a Professional Services Agreement with Swinerton Management & Consulting to provide project management and construction management services for the 350 Merrydale Road Interim Shelter Project in an amount not to exceed $229,703, in substantially the form presented to the City Council.

2. Authorizes the City Manager to execute an amendment to the Professional Services Agreement with LCA Architects to provide full design services for the 350 Merrydale Road Interim Shelter Project, increasing the total contract amount to $280,750, in substantially the form presented to the City Council.

3. Authorizes the City Manager to make non-substantive modifications to the agreements as necessary, subject to approval as to form by the City Attorney.

4. Authorizes a supplemental Fiscal Year 2025-26 budget appropriation of $510,453 from available funds provided through the Encampment Resolution Fund Round 3 Grant (Fund 281).

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 17th day of February 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.”. 350 Merrydale Road Interim Shelter Project & Construction Management Services Swinerton Management & Consulting, LLC
December 18, 2025
December 18, 2025
California
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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 229,703
one (1) year
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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.

April Miller, Director of Public Works
Bob Addiego
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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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: ______________________
111 Morphew Street
[email protected] [email protected]
2001 Clayton Road, 7th floor
Concord, CA 94520
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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:

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:

1.1 Description: The City of San Rafael will provide short term interim housing through a tiny home community, located at 350 Merrydale Road in San Rafael. The contractor, Swinerton Management & Consulting, LLC will provide project management and construction management services to oversee the design and construction of the project.

2. Specific Tasks:

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

2.1 Task 1 – Design Management Services:
- Project Schedule Development and Management
- Project Budget Development and Monitoring
- Coordination between Design Team, City Staff, and other stakeholders - Support to Design Team with San Rafael Fire Department - PG&E Coordination / Application Process
- Constructability Reviews
- Environmental Process Management services (CEQA)
- Permitting / Plan check review coordination
- Bid and Award Phases Support

1.1 Task 2 – Construction Management Services:
- Project Document Control
- Photo Documentation / Progress recording
- Daily Field Observations / Reports
- Assistance with RFI’s and Submittals
- Attending weekly progress (OAC) meetings
- Quality Assurance (review contractor quality control) - Coordinating special inspection and materials testing (as required) - Monitor Contractor progress / schedule and budget
- Assist with Contractor Progress Payment review
- Assist with change order request review and negotiation - Verify Contractor As-builts / Record Drawings
- Punch List / Final Inspection
- Occupancy
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1.2 Task 3 – Post Construction and Project Close-out

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 Schedule

2. Project Budget

3. PG&E Application submission

4. Daily field reports and photo logging

5. Weekly OAC meeting minutes

6. Punch list and final inspection report

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:

Project Executive: $250/hour
Senior Project Manager: $225/hour
Assistant Project Manager: $160/hour

SCHEDULE
– END OF EXHIBIT A –
Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 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: E93C1355-2847-4B3D-989E-F3DD1DF04886 Updated January 7, 2026

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
☐ AB 339 not applicable or ☐ Complied with AB 339
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
Bob Addiego
X
[email protected]
Shannon Mackle (for April Miller)
Swinerton Management & Consulting
February 17, 2026
Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 X
City of San Rafael - 350 Merrydale Road Interim Shelter Project December 18, 2025
2 0 2 6

N D J F M A M J J A S O N D
350 Merrydale Road Interim Shelter Project
Procure Architect / Design Team Project Executive 0.500 164 $250 $20,500.00 Review Utility Requirements Sr. Project Manager 2.125 164 $225 $78,412.50 Prepare / Submit PG&E Application Asst Project Manager 0.000 164 $160 $0.00 Schematic Design
Community Engagement Session - Dec 9th Total $98,912.50 Community Meeting - January 14th
Construction Documents
Permitting
Bid / Award
Construction Phase Project Executive 0.63 164 $250 $25,625.00 PG&E Application / Timeline to Energize Sr. Project Manager 1.25 164 $225 $46,125.00 Punch List / Final Inspection Asst Project Manager 2.25 164 $160 $59,040.00 Construction Complete / City Occupancy
Total $130,790.00
$ 229,703
Project Executive 0.000 0.125 0.125 0.125 0.125 0.125 0.125 0.125 0.125 0.125 Sr. Project Manager 0.125 0.500 0.500 0.500 0.500 0.250 0.250 0.250 0.250 0.250 Asst Project Manager 0.500 0.500 0.500 0.500 0.250
Swinerton Labor Hours by Position
Project Executive
Sr. Project Manager
Asst Project Manager
TOTALS
Project Qualifications / Assumptions:

1. LCA under contract in December 2025 and begins Site Assessments, Utility Calculations, and Schematic Design.

2. PG&E Application process starts in December 2025. Based on PG&E timeline, project energizing would be expected in late- August 2026.

3. Construction Documents will be completed by mid-February 2026.

4. City Building Department review / plan check / permitting to be completed by early-March 2026.

5. Bid Phase / Award Construction Contract to be completed by end of April 2026.

6. Construction Phase duration is approximately four (4) months. Completion to coincide with PG&E energization.

SMC Staffing Qualifications / Assumptions:

1. The Sr. PM will provide part-time PM/CM Services during the Preconstruction, Bid, and Construction Phases.

2. The Asst Project Manager will provide part-time PM/CM Services during the Construction Phase to assist the Sr. PM and observe field work.

3. The Project Executive will provide project administration and support to the team as needed throughout Preconstruction and Construction Phases. 2025
Level of Effort (Totals) Total Monthly Hours Available Total Hours Hourly Rates Totals Precon Budget
Construction Budget

PROJECT TOTALS
Team Member Level of Effort (Full-time Equivalent)

3.375 164 553.5 $225 $124,538

1.125 164 184.5 $250 $46,125
1,107.0 $229,703

2.250 164 369.0 $160 $59,040
Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 2001 Clayton Road, 7th Floor
Concord, CA 94520-2166
925.602.6400
swinerton.com
Proposal for PM/CM Services for the 350 Merrydale Road Interim Shelter Project Page 1 December 18, 2025
Via email to John Stefanski [email protected] Mr. John Stefanski
Assistant City Manager
City of San Rafael
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
Subject: 350 Merrydale Road Interim Shelter Project
Proposal for Project Management/Construction Management Services Dear Mr. Stefanski:

Swinerton Management & Consulting (Swinerton) is pleased to present this proposal to provide Project Management/Construction Management (PM/CM) Services for the City’s 350 Merrydale Road Interim Shelter Project. Our proposal is based on our meeting on December 3, 2025, followup discussions and meetings with the City staff, and project information provided via email.

We understand the City is requesting PM/CM services to oversee the design and construction of the 350 Merrydale Road Interim Shelter Project, which includes potential pedestrian safety improvements, site utility upgrades, site electrical service and lighting, 65 modular housing units, fencing, security cameras, and temporary facilities (mobile showers). Swinerton further understands the project delivery method is Design-Bid-Build and the City has retained LCA Architects to provide the project design and construction documents. The schematic design has immediately begun, which will be followed by the development of the construction documents, permitting, bid, award, and construction phases. As the City has submitted an exemption for Environmental requirements (CEQA), this will need to be confirmed during the design phase.

We understand the City is looking for assistance with the following services:
 Design Management services
 Project Schedule Development and Management
 Project Budget Development and Monitoring
 Coordination between Design Team, City Staff, and other stakeholders  Support to Design Team with San Rafael Fire Department  PG&E Coordination / Application Process
Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 Proposal for PM/CM Services for the 350 Merrydale Road Interim Shelter Project Page 2  Constructability Reviews
 Environmental Process Management services (CEQA)
 Permitting / Plan check review coordination
 Bid and Award Phases Support
 Construction Management Services
o Project Document Control
o Photo Documentation / Progress recording
o Daily Field Observations / Reports
o Assistance with RFI’s and Submittals
o Attending weekly progress (OAC) meetings
o Quality Assurance (review contractor quality control) o Coordinating special inspection and materials testing (as required) o Monitor Contractor progress / schedule and budget
o Assist with Contractor Progress Payment review
o Assist with change order request review and negotiation o Verify Contractor As-builts / Record Drawings
o Punch List / Final Inspection
o Occupancy
 Post Construction and Project Close-out
SWINERTON TEAM:

Mr. Bob Addiego, Project Executive, will lead the team in this effort and will provide support to the project team. Mr. Addiego will also provide project administration support and be the overall contact for Swinerton’s contract. Mr. Addiego has managed and overseen several relevant projects for local agencies over recent years, including the City of Concord Willow Pass Road SR2T Repaving, the City of Richmond Yellow Brick Road, and, currently, the Contra Costa County Brookside Modular Project in Richmond.

Mr. Jesse Saavedra, Senior Project Manager, will be the daily point of contact. Mr. Saavedra will provide project management services during the design, bid and award phases. He will also be the main point of contact during the construction and post-construction phases, and will be supported by an assistant project manager during construction. He will ensure onsite field observations, coordination with the City and Design Team, and monitor the Contractor.

He will monitor the Contractor’s progress, means and methods, and work with the Design Team to ensure the work is in compliance with the plans and specifications.

The attached schedule and staffing plan illustrates the anticipated level of effort for the PM/CM services throughout the Design/Preconstruction, Construction and Post-Construction Phases.

Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 Proposal for PM/CM Services for the 350 Merrydale Road Interim Shelter Project Page 3 Our fee proposal of $229,703.00 is a not-to-exceed amount so any hours or costs not expended will not get billed to the City. If you have any questions or require additional clarification, please do not hesitate to call me at (925) 270-5636.

Thank you for this opportunity to submit this proposal.

Very truly yours,
Bob Addiego, CCM, LEED® AP
Project Executive
Attachment: 350 Merrydale Road Schedule / Staffing Plan CC: Jeff Gee
Connie Guerrero
Jesse Saavedra
Bob Addiego
Digitally signed by Bob Addiego
DN: C=US, [email protected],
O=Swinerton Mgmt & Consulting, CN=Bob Addiego
Date: 2025.12.18 12:13:22-08'00'
Docusign Envelope ID: E93C1355-2847-4B3D-989E-F3DD1DF04886 Certificate Of Completion
Envelope Id: E93C1355-2847-4B3D-989E-F3DD1DF04886 Status: Sent Subject: DocuSign: PSA with Swinerton Management for 350 Merrydale Interim Shelter PM & CM Services Source Envelope:

Document Pages: 21 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 3 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
1/7/2026 9:20:37 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: 199.88.113.8
Sent: 1/29/2026 11:10:14 AM
Viewed: 1/29/2026 11:12:00 AM
Signed: 1/29/2026 11:12:13 AM
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:
2001:5a8:4488:8800:813e:fba7:368d:2c3
Sent: 1/29/2026 11:10:14 AM
Viewed: 1/29/2026 11:17:24 AM
Signed: 1/29/2026 11:18:02 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Van Bach
[email protected]
Signing Group: Finance
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 1/29/2026 11:18:05 AM
Viewed: 1/29/2026 1:03:34 PM
Signed: 1/29/2026 1:04:08 PM
Electronic Record and Signature Disclosure:

Accepted: 1/29/2026 1:03:34 PM
ID: a1c9f184-8ecd-41f6-99fc-8f9ddb56b37d
Jeffrey Gee
[email protected]
Vice President
Jeff Gee, Vice President
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 4.16.41.82
Sent: 1/29/2026 1:04:10 PM
Viewed: 1/29/2026 1:05:03 PM
Signed: 1/29/2026 1:05:37 PM
Electronic Record and Signature Disclosure:

Accepted: 1/29/2026 1:05:03 PM
ID: 0d87e9de-d856-4df9-b021-cf8f02273e02
Signer Events Signature Timestamp
SheriAnn Murphy
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 1/29/2026 1:05:40 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
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: 199.88.113.8
Sent: 1/29/2026 8:40:05 AM
Viewed: 1/29/2026 10:52:46 AM
Completed: 1/29/2026 11:10:12 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/29/2026 8:40:05 AM
Envelope Updated Security Checked 1/29/2026 11:10:13 AM Envelope Updated Security Checked 1/29/2026 11:10:13 AM Envelope Updated Security Checked 1/29/2026 11:10:13 AM Envelope Updated Security Checked 1/29/2026 11:10:13 AM Envelope Updated Security Checked 1/29/2026 11:10:13 AM Envelope Updated Security Checked 1/29/2026 11:10:13 AM Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.

You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of San Rafael:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of San Rafael of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM Parties agreed to: Van Bach, Jeffrey Gee, Cristine Alilovich previous email address, your new email address. We do not require any other information from you to change your email address.

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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

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The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the checkbox next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of San Rafael as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of San Rafael during the course of your relationship with City of San Rafael.
v. Feb 2025 Page 1

AMENDMENT TO CONTRACT

BY AND BETWEEN
THE CITY OF SAN RAFAEL AND ________________________________ FOR ________________________________________________________ Original Contract Execution Date: ________________,
Contract No._______________________
Amendment No. ___
THE ABOVE-NAMED CONTRACT is hereby amended by the parties as set forth herein by the checked boxes below and is effective on _____________________. ☐ SCOPE OF WORK: The Scope of Work is hereby amended in Exhibit A-__, attached hereto and incorporated by reference.
☐ COMPENSATION: The parties agree to increase the not-to-exceed amount by $____________, and to increase the total not-to-exceed amount under the Contract to $_________________.
☐ TERM OF CONTRACT: For Contractor to perform the additional or amended work described herein, the term of this Contract shall be extended to ______________________.

Except as specifically amended herein, all other provisions, terms and obligations of the Contract between the parties shall remain valid and shall be in full force. 2026.0001
350 MERRYDALE ROAD INTERIM SHELTER ARCHITECTURAL SERVICES For City Clerk use only: Exp. 12/19/2026
January 8, 2026
1 X
207,250
1 280,750
LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC.

X
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Page 2
IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first specified below.

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

Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:

SCOPE OF WORK AMENDED
The Parties hereby agree to amend the Scope of Work to add the following work:

1. Additional or Amended Services:

Based on the Contractor’s proposal submitted on December 29, 2025, Contractor shall perform the following:

Task 1 – GENERAL PROJECT ADMINISTRATION
1) The Construction Management Consultant (Swinerton Management & Consulting) will coordinate, facilitate, and define communication protocol with the City. LCA will assist with Design Consultant Information, as needed. 2) The Construction Management Consultant will coordinate and schedule meetings with LCA’s collaboration, as needed.
3) LCA will focus on the management of the Construction Documents Set generated by the Design Team of Consultants.
4) The Construction Management Consultant will provide agendas and minutes and will distribute to all Stakeholders for review and comment. 5) LCA will assemble and package conformed sets for City Plan Check Review and the PG&E package for the Construction Management Consultant to coordinate review and submittal.
6) The Construction Management Consultant will coordinate and facilitate communication and documentation regarding Public Utilities, Trash Companies, Solar Companies, and the like. LCA will provide Design Documents, as needed. 7) The Construction Management Consultant will administratively coordinate with Stakeholders.
8) The Construction Management Consultant will develop the Project Schedule and track Tasks and monitor progress. LCA will provide input related to design, as needed.
9) The Construction Management Consultant will develop and coordinate Budget Cost Estimate, which will include direct and indirect costs. 10) The Construction Management Consultant will assist the City with establishing budget and coordination reviews.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Task 2 – CONSTRUCTION DOCUMENTS AND LIMITED SPECIFICATIONS 1) Provide Construction Documents based on the approved Design Development Documents. The Construction Documents will set forth, in detail, the requirements for construction of the project. Construction Documents shall include Drawings and Limited Specifications that establish, in detail, the quality levels of materials and systems required for the project.
2) Assist the City in compiling the Project Manual that includes Conditions of the Contract for Construction and Limited Specifications and may include bidding requirements and sample forms.
3) Manage requirements per the CalGreen Code.

Task 3 – PERMITTING
1) Meet with City of San Rafael Representatives and establish permitting requirements and schedule. Assumes that the permit process will be expedited.

Establish protocol and timeline for plan check process. 2) Coordinate with other project consultants, assemble their plans into submittal sets and assist in processing their work.
3) Coordinate the submittal package through City of San Rafael Departments, Fire Districts, and other agencies to obtain required permits for construction. There will be one building permit submittal package only, not multiple separate submittal packages.
4) Respond to agency architectural comments, make plan revisions and prepare/process subsequent resubmittal(s) as required. Coordinate with agencies and other design consultants as required to obtain a Building Permit.

Task 4 – BIDDING
1) The Construction Management Consultant will coordinate the bid process with the City. LCA will assist and review documents, RFI’s, and Addenda, as needed. 2) Assist the City and/or the City’s Construction Manager in the development and preparation of:
a) Bidding and procurement information which describes the time, place, and conditions of bidding.
b) The Conditions of the Contracts for Construction (General, Supplementary and other Conditions).
3) Assist the City and/or the City’s Construction Manager in obtaining competitive bids or negotiated proposals and assist the City in awarding and preparing contracts for construction.
4) Assist the City and/or the City’s Construction Manager in establishing a list of prospective bidders or contractors.
5) Assist the City and/or the City’s Construction Manager in bid valuation or proposal evaluation and determination of the successful bid or proposal, if any.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Task 5 – CONTRACT ADMINISTRATION SERVICES
1) The Architect will provide administration of the Contract between the City and their Contractor as set forth below:
a) Represent, advise, and consult with the City and their Construction Manager. b) Review and respond to properly prepared, timely requests by the Contractor for additional information about the Contract Documents.
c) Provide periodic site visits to become generally familiar with the site and keep the City informed about the progress and quality of work. d) Review and take appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data, and/or Samples for conformance to the design intent of the Construction Documents.
e) Conduct Construction Site Reviews to assist the City in determining project completion dates, and review payment applications, if required.

Task 6 – ADDITIONAL SERVICES
1) Additional services would be those services and meetings not specifically listed and described above. Extra drawings, renderings, and changes required by the City of San Rafael, Contractor, or Local Government Agencies to drawings or designs previously approved, will be considered additional services. Additional services will only be provided with authorization in writing from the City. 2) For additional services of the Architect’s Consultants, compensation shall be computed as a multiple of 1.10 times the amount billed to the Architect for such services.

DELIVERABLES
The Scope of Work is amended to add the following:

2. Project Deliverables:

2.1 Respond to Contractor inquiries

2.2 Construction Documents and Specifications

2.3 Permit submittal package and resubmittals as necessary

2.4 Bid preparation, review and assistance

2.5 Site visits and progress reports

METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis as written below:

For Task 1, General Project Administration:
• Architect Fixed Fee: $50,000
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 For Task 2, Construction Documents and Limited Specifications:
• Architect Fixed Fee: $45,000
• Electrical Engineer Fixed Fee: $13,000
• Joint Trench Consultant Fixed Fee: $17,000
For Task 3, Permitting:
• Architect Fixed Fee: $15,500
• Electrical Engineer Fixed Fee: $ 1,500
• Professional Cost Consultant Fixed Fee: $14,750
For Task 4, Bidding:
• Architect Fixed Fee: $7,500
• Electrical Engineer Fixed Fee: $500
• Joint Trench Consultant Fixed Fee: $1,000
For Task 5, Contract Administration Services:
• Architect Fixed Fee: $40,000
• Electrical Engineer Fixed Fee: $1,500
For Task 6, Additional Services:
• Hourly fee basis per attached fee schedule.

For Reimbursables: (Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance calls, postage, express mail, and travel outside the Walnut Creek area):
• At cost plus 10%
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Updated January 7, 2026

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.

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
February 17, 2026
X
Carl Campos [email protected]
Public Works / City Manager's Office
X
Shannon Mackle (for April Miller)
LCA Architects
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 X
v. Feb 2025 Page 1

CITY OF SAN RAFAEL

NOW, THEREFORE, the parties hereby agree as follows:

CONTRACT

1. WORK TO BE PERFORMED.

California
December 19, 2025
350 Merrydale Road Interim Shelter Architectural Services Loving Campos Associates, Architects, Inc.

Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Corporation
January 8, 2026
2026.0001
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Page 2

2. COMPENSATION.

3. TERM OF CONTRACT.

4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR.

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 one (1) year
73,500
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Page 3
apparent or detected at the time of such payment, inspection, review or approval.

5. PROJECT COORDINATION.

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.

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.

Carl Campos
April Miller, Public Works Director
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Page 4
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.

8. INDEMNIFICATION.

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: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 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.

9. PREVAILING WAGE.

10. NOTICES.

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: ______________________
590 Ygnacio Valley Rd, Suite 310
Walnut Creek, CA 94596
[email protected] [email protected]
111 Morphew Street
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 v. Feb 2025 Page 6

11. LIABILITY OF CITY.

12. MEDIATION.

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.]
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Page 7
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: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 LCA Architects Inc
CEO | Architect
Carl Campos
David Bogstad
President/ Architect
LCA Architects Inc.

Chief Assistant City Attorney
Andrea Visveshwara
Cristine Alilovich
City Manager
January 8, 2026
Lindsay Lara
City Clerk
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3

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:

1.1 Description: The City of San Rafael will provide short term interim housing through a tiny home community, located at 350 Merrydale Road in San Rafael. The contractor, Loving Campos Associates, Architects, Inc. will provide architectural services for the project.

2. Specific Tasks:

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

2.1 Task 1 – Schematic Design Documents:

Provide Schematic Design Documents based on the agreed City-approved program. The documents shall establish the Schematic Design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include the following:
a) Schematic Site Plan
b) Preliminary Floor Plans
c) Preliminary Cost Estimate
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3

2.2 Task 2 – Design Development Documents / Value Engineering / Preliminary Construction Documents:
1) LCA Architects, Inc. shall provide Design Development Documents based on City’s approval of the Conceptual Design Documents and the Approved City of San Rafael Submittal Documents. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include:
a) Specifications that identify major materials and systems and establish in general their quality levels.
b) Further developed interior floor plan layouts, exterior elevations, building sections, equipment layouts, and construction details to meet the City’s program. c) Coordination with the City’s interior designer.
2) Meet with the City and subconsultants to discuss Design Development Documents and get input on constructability.
3) Meet with the City’s General Contractor and their framers, plumbers, electricians, etc., with Design Development Phase drawings prepared by the Design Team. Obtain direction from the City and their General Contractor and subcontractors on proposed systems, products, and any drawing revisions necessary for constructability.
4) Final meeting with the City and their General Contractor and their subconsultants to verify incorporation of all elements recommended to be incorporated in the drawings for construction. The Design Team will complete the Design Development Documents based on sign-off from the City at this time. 5) The City and/or their General Contractor or Cost-Estimation Consultant to verify the project is within budget and no further Value Engineering or revisions will be required by the Architect and his consultants.

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. Schematic Design Documents

2. Design Development Documents

3. Preliminary Construction Documents

METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis as written below:

Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 For Task 1, Schematic Design Documents:
• Architect Fixed Fee: $15,000
• Electrical Engineer Fixed Fee: $6,500
• Joint Trench Consultant Fixed Fee: $5,000
• Professional Cost Consultant Fixed Fee: $8,500
For Task 2, Design Development Documents / Value Engineering / Preliminary Construction Documents:
• Architect Fixed Fee: $20,000
• Electrical Engineer Fixed Fee: $6,500
• Professional Cost Consultant Fixed Fee: $12,000

SCHEDULE
Work will be coordinated per Project Manager correspondence. – END OF EXHIBIT A –
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Exhibit B-1

EXHIBIT B

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

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.

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

2. The additional insured coverage under Contractor’s insurance Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 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.

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.

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: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 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.

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

Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Exhibit C-1

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. COMPLIANCE WITH ALL LAWS.

2. PROVISIONS DEEMED INSERTED.

3. SEVERABILITY.

4. OWNERSHIP OF DOCUMENTS.

5. INSPECTION AND AUDIT.

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: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Exhibit C-2
or obligations arising hereunder shall be void and of no effect.

7. WORKERS' COMPENSATION.

8. NONDISCRIMINATION.

9. NO THIRD PARTY BENEFICIARIES.

10. INDEPENDENT CONTRACTOR.

11. ENTIRE CONTRACT -- AMENDMENTS.

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: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Exhibit C-3
except by a written amendment to this Contract signed by the Contractor and the City.

12. SET-OFF AGAINST DEBTS.

13. WAIVERS.

14. CITY BUSINESS LICENSE / OTHER TAXES.

15. SURVIVAL OF TERMS.

16. GOVERNING LAW.

Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 v. Feb 2025 Exhibit C-4

17. CONFLICT OF INTEREST.

18. AUTHORIZATION.

19. COUNTERPARTS AND ELECTRONIC SIGNATURE.

Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3

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
Loving Campos Associates, Architects, Inc
Shannon Mackle (for April Miller)
Public Works
Carl Campos
X
X
[email protected]
Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Docusign Envelope ID: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Certificate Of Completion
Envelope Id: 76EA6BFF-ECEC-4D39-9751-8A4810394DA8 Status: Completed Subject: DocuSign: PSA with LCA Architects for 350 Merrydale Rd Interim Shelter Architectural Services Source Envelope:

Document Pages: 20 Signatures: 5 Envelope Originator:

Certificate Pages: 5 Initials: 4 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: 199.88.89.34
Record Tracking
Status: Original
12/19/2025 2:21:10 PM
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:dd8c:5cb4:d46a:4e88
Sent: 12/22/2025 5:05:44 PM
Viewed: 12/22/2025 5:06:01 PM
Signed: 12/22/2025 5:06:10 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:
2601:645:e7c:a540:ec88:9804:30aa:972d
Signed using mobile
Sent: 12/22/2025 5:05:45 PM
Viewed: 12/22/2025 6:24:03 PM
Signed: 12/22/2025 6:24:10 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Paul Navazio
[email protected]
Finance Director
City of San Rafael
Signing Group: Finance
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 12/22/2025 6:24:13 PM
Viewed: 12/29/2025 9:44:15 AM
Signed: 12/29/2025 9:45:20 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Carl Campos
[email protected]
CEO | Architect
LCA Architects Inc
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.196.82.217
Sent: 12/29/2025 9:45:22 AM
Viewed: 12/29/2025 11:14:18 AM
Signed: 12/29/2025 11:32:01 AM
Electronic Record and Signature Disclosure:

Accepted: 12/29/2025 11:14:18 AM
ID: 9fa4091f-f02e-494e-b8f7-69e03ae4924b
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Signer Events Signature Timestamp
David Bogstad
[email protected]
President/ Architect
LCA Architects Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.196.82.217
Sent: 12/29/2025 11:32:04 AM
Viewed: 12/29/2025 11:40:51 AM
Signed: 12/29/2025 11:41:32 AM
Electronic Record and Signature Disclosure:

Accepted: 12/29/2025 11:40:51 AM
ID: fc1dfe6a-1461-4806-9d1c-64144619d933
Andrea Visveshwara
[email protected]
Chief Assistant City Attorney
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 2a09:bac2:6225:3046::4cf:27
Signed using mobile
Sent: 12/29/2025 11:41:35 AM
Viewed: 12/30/2025 12:52:16 PM
Signed: 12/30/2025 12:52:28 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Heather Davis
[email protected]
Risk Manager
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2601:205:4b01:1550:edfd:cfc3:e2de:7855
Sent: 12/29/2025 11:41:35 AM
Viewed: 12/31/2025 9:12:26 AM
Signed: 12/31/2025 9:12:35 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Cristine Alilovich
[email protected]
City Manager
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2601:645:e82:6d80:1d74:d5e9:f531:af4f
Sent: 12/31/2025 9:12:38 AM
Viewed: 1/8/2026 10:04:47 AM
Signed: 1/8/2026 7:29:04 PM
Electronic Record and Signature Disclosure:

Accepted: 8/8/2025 5:50:59 PM
ID: 92734b64-c5dc-4308-af7f-b0f4b9ffd306
Lindsay Lara
[email protected]
City Clerk
City of San Rafael
Signing Group: City Clerk
Security Level: Email, Account Authentication
(None), Login with SSO
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 1/8/2026 7:29:07 PM
Viewed: 1/12/2026 1:44:15 PM
Signed: 1/12/2026 1:53:00 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 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:dd8c:5cb4:d46a:4e88
Sent: 12/19/2025 3:37:13 PM
Viewed: 12/22/2025 5:01:53 PM
Completed: 12/22/2025 5:05:43 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
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/19/2025 3:37:14 PM
Envelope Updated Security Checked 12/22/2025 9:08:54 AM Envelope Updated Security Checked 12/22/2025 5:05:44 PM Certified Delivered Security Checked 1/12/2026 1:44:15 PM Signing Complete Security Checked 1/12/2026 1:53:00 PM
Completed Security Checked 1/12/2026 1:53:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3

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Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 590YgnacioValleyRoad,Suite310•Walnut Creek,CA94596•925. 944.1626 1970 Broadway, Suite800• Oakland, CA 94612• 510. 272.1060 www.lca-architects.com
REVISION #1: December 29, 2025
December 18, 2025
April Miller
Public Works Director
City of San Rafael
SENT VIA EMAIL: April Miller, [email protected] Cc: David Cooperman, [email protected] REFERENCE: Interim Shelter Site
350 Merrydale Road, San Rafael, CA 94903
LCA PROJECT #23018.02 – REVISION #1
Dear April,

1. I am pleased to submit this proposal for professional architectural services for the “Tiny Homes” Interim Shelter Site project, located at 350 Merrydale Road, San Rafael, in California.

2. My understanding of your needs is as follows:

A. You have some preliminary layouts, (see Exhibit B), and want us to provide further-developed Site Plan Yield Studies to achieve 65 single-bedroom units, of which, up to 10% or seven (7) units will be accessible with a sitebuilt ramp for each unit.

B. Mobile accessible showers will be provided on the property. They will not require sewer hookups as they will have “self-contained” sewage tanks.

C. The “tiny home” product type will be a non-propriety” unit with criteria specifications for public bid.

D. You will provide us with As-Built Drawings of the building(s) existing on the property that will be utilized with the “tiny home” project. Work on these buildings will be subject to a future agreement.

E. You will provide us with a current Boundary, Topographical, and Utility Survey for our use.

F. You want us to retain the services of a Joint Trench Consultant to assist you with interface required for PG&E to bring required power to the site for each unit.

G. Additionally, we will provide the services of an Electrical Engineer and a Professional Cost Consultant, at the Schematic Design Phase and Construction Documents Phase, for this work.

H. We will meet with local Fire Authorities to receive feedback on fire sprinkler/fire alarm/smoke detection requirements and emergency vehicle access requirements. Fire Sprinklers to be Design-Build by the General Contractor.

I. You want to have the project completed and ready for occupancy in September 2026.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 2 of 10 ends

3. Our services and corresponding fees to meet your objectives will be as follows:

A. GENERAL PROJECT ADMINISTRATION
1) The Construction Management Consultant will coordinate, facilitate, and define communication protocol with the City. LCA will assist with Design Consultant Information, as needed. 2) The Construction Management Consultant will coordinate and schedule meetings with LCA’s collaboration, as needed.
3) LCA will focus on the management of the Construction Documents Set generated by the Design Team of Consultants.
4) The Construction Management Consultant will provide agendas and minutes and will distribute to all Stakeholders for review and comment.
5) LCA will assemble and package conformed sets for City Plan Check Review and the PG&E package for the Construction Management Consultant to coordinate review and submittal. 6) The Construction Management Consultant will coordinate and facilitate communication and documentation regarding Public Utilities, Trash Companies, Solar Companies, and the like. LCA will provide Design Documents, as needed.
7) The Construction Management Consultant will administratively coordinate with Stakeholders. 8) The Construction Management Consultant will develop the Project Schedule and track Tasks and monitor progress. LCA will provide input related to design, as needed. 9) The Construction Management Consultant will develop and coordinate Budget Cost Estimate, which will include direct and indirect costs.
10) The Construction Management Consultant will assist the City with establishing budget and coordination reviews.

Architect Fixed Fee: $50,000.00
B. SCHEMATIC DESIGN DOCUMENTS
1) Provide Schematic Design Documents based on the agreed Owner-approved program. The documents shall establish the Schematic Design of the Project illustrating the scale and relationship of the Project components.

The Schematic Design Documents shall include the following:
a) Schematic Site Plan
b) Preliminary Floor Plans
c) Preliminary Cost Estimate
Architect Fixed Fee: $15,000.00
Electrical Engineer Fixed Fee: $6,500.00
Joint Trench Consultant Fixed Fee: $5,000.00
Professional Cost Consultant Fixed Fee: $8,500.00
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 3 of 10 ends

C. DESIGN DEVELOPMENT DOCUMENTS / VALUE ENGINEERING / PRELIMINARY CONSTRUCTION DOCUMENTS 1) LCA Architects, Inc. (“Architect”) shall provide Design Development Documents based on Owner’s approval of the Conceptual Design Documents and the Approved City of San Rafael Submittal Documents. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include:
a) Specifications that identify major materials and systems and establish in general their quality levels. b) Further developed interior floor plan layouts, exterior elevations, building sections, equipment layouts, and construction details to meet the Owner’s program.
c) Coordination with the Owner’s Interior Designer.
2) Meet with the Owner and his subconsultants to discuss Design Development Documents and get input on constructability.
3) Meet with the Owner’s General Contractor and their framers, plumbers, electricians, etc., with Design Development Phase drawings prepared by the Design Team. Obtain direction from the Owner and their General Contractor and subcontractors on proposed systems, products, and any drawing revisions necessary for constructability. 4) Final meeting with the Owner and their General Contractor and their subconsultants to verify incorporation of all elements recommended to be incorporated in the drawings for construction. The Design Team will complete the Design Development Documents based on sign-off from the Owner at this time. 5) The Owner and/or their General Contractor or Cost-Estimation Consultant to verify the project is within budget and no further Value Engineering or revisions will be required by the Architect and his Consultants.

Architect Fixed Fee: $20,000.00
Electrical Engineer Fixed Fee: $6,500.00
Professional Cost Consultant Fixed Fee: $12,000.00
D. CONSTRUCTION DOCUMENTS AND LIMITED SPECIFICATIONS
1) Provide Construction Documents based on the approved Design Development Documents. The Construction Documents will set forth, in detail, the requirements for construction of the project. Construction Documents shall include Drawings and Limited Specifications that establish, in detail, the quality levels of materials and systems required for the project.
2) Assist the Owner in compiling the Project Manual that includes Conditions of the Contract for Construction and Limited Specifications and may include bidding requirements and sample forms. 3) Manage requirements per the CalGreen Code.

Architect Fixed Fee: $45,000.00
Electrical Engineer Fixed Fee: $13,000.00
Joint Trench Consultant Fixed Fee: $17,000.00
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 4 of 10 ends

E. PERMITTING
1) Meet with City of San Rafael Representatives and establish permitting requirements and schedule. Assumes that the permit process will be expedited. Establish protocol and timeline for plan check process. 2) Coordinate with other project consultants, assemble their plans into submittal sets and assist in processing their work.
3) Coordinate the submittal package through City of San Rafael Departments, Fire Districts, and other agencies to obtain required permits for construction. There will be one building permit submittal package only, not multiple separate submittal packages.
4) Respond to agency architectural comments, make plan revisions and prepare/process subsequent resubmittal(s) as required. Coordinate with agencies and other design consultants as required to obtain a Building Permit.

Architect Fixed Fee: $15,500.00
Electrical Engineer Fixed Fee: $1,500.00
Professional Cost Consultant Fixed Fee: $14,750.00
Budget can vary due to excessive review comments by City of San Rafael Plan Checker/independent third-party Plan Checker.

LCA Architects will endeavor to stay in contact with City of San Rafael Staff associated with your project but can make no guarantees that the City of San Rafael will respond in a timely manner.

F. BIDDING
1) The Construction Management Consultant will coordinate the bid process with the City. LCA will assist and review documents, RFI’s, and Addenda, as needed.
2) Assist the Owner and/or the Owner’s Construction Manager in the development and preparation of:
a) Bidding and procurement information which describes the time, place, and conditions of bidding. b) The Conditions of the Contracts for Construction (General, Supplementary and other Conditions). 3) Assist the Owner and/or the Owner’s Construction Manager in obtaining competitive bids or negotiated proposals and assist the Owner in awarding and preparing contracts for construction. 4) Assist the Owner and/or the Owner’s Construction Manager in establishing a list of prospective bidders or contractors.
5) Assist the Owner and/or the Owner’s Construction Manager in bid valuation or proposal evaluation and determination of the successful bid or proposal, if any.

Architect Fixed Fee: $7,500.00
Electrical Engineer Fixed Fee: $500.00
Joint Trench Consultant Fixed Fee: $1,000.00
Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 5 of 10 ends

G. CONTRACT ADMINISTRATION SERVICES
1) The Architect will provide administration of the Contract between the Owner and their Contractor as set forth below:
a) Represent, advise, and consult with the Owner and their Construction Manager. b) Review and respond to properly prepared, timely requests by the Contractor for additional information about the Contract Documents.
c) Provide periodic site visits to become generally familiar with the site and keep the Owner informed about the progress and quality of work.
d) Review and take appropriate action upon the Contractor’s submittals, such as Shop Drawings, Product Data, and/or Samples for conformance to the design intent of the Construction Documents. e) Conduct Construction Site Reviews to assist the Owner in determining project completion dates, and review payment applications, if required.

Architect Fixed Fee: $40,000.00
Electrical Engineer Fixed Fee: $1,500.00
H. ADDITIONAL SERVICES
1) Additional services would be those services and meetings not specifically listed and described above. Extra drawings, renderings, and changes required by the City of San Rafael, Contractor, or Local Government Agencies to drawings or designs previously approved, will be considered additional services. Additional services will only be provided with authorization in writing from the Owner. 2) For additional services of the Architect’s Consultants, compensation shall be computed as a multiple of 1.10 times the amount billed to the Architect for such services.

Architect Hourly Fee Basis, As Requested, Per Attached LCA Fee Schedule or a mutually agreed Fixed Fee

4. CONSULTANTS
A. The Architect shall retain the following consultants:
1) Electrical Engineer
2) Joint Trench Consultant
3) Professional Cost Consultant
B. The Owner shall retain the following Consultants:
1) Any other consultant that may be required.

We will interface with the Owner’s consultants but will not take responsibility for the content or timing of their work.

Failure of the Owner or his Contractor to provide required reports, documents, surveys, etc., may result in project delays and may require additional fees for the Architect and his Consultants.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 6 of 10 ends

5. OUR SERVICES DO NOT INCLUDE THE FOLLOWING CONSULTANTS AND/OR ENGINEERING/CONSULTING SERVICES:

A. Value Analysis / Value Engineering Beyond the Scope of Work Described in Paragraph 3.C.

B. Structural Engineering
C. Mechanical / Plumbing Engineering
D. Acoustic Engineering
E. Geotechnical Engineering
F. Civil Engineering
G. Landscape Architecture
H. Waterproofing Consultant
I. Title 24 Energy Consultant
J. Construction Testing and Inspection Agency
K. Traffic Studies Consultant
L. Fire Protection Engineering
M. Retaining Wall Engineering
N. Spa, Pool, or Water Feature Design
O. Land Survey Services
P. Existing Facility Surveys
Q. Economic Feasibility Studies
R. Site Analysis and Selection
S. Environmental Studies and Reports
T. Interior Space Planning or Interior Decorating
U. Furnishings, Fixtures, and Equipment
V. Lighting Design
W. Schedule Development and Monitoring
X. LEED Certified Design
Y. Graphics or Signage Systems
Z. Special Bidding or Negotiation
AA. On-Site Project Representation
BB. Construction Management
CC. Start-Up Assistance
DD. Record Drawings (As-Built Drawings)
EE. Post-Contract Evaluation
We can assist you in obtaining consultants and proposals in these areas, as required, but we will not take responsibility for the timing or the content of their work.

We require that any consultants hired by you, be “software compatible” with LCA Architects, Inc., or we may be required to add fees for delay and interface.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 7 of 10 ends

NOTES PERTAINING TO FEES:

A. These fees will be billed monthly in keeping with the progress of our work. They are due and payable in 30 days.

B. This proposal/fee quote is based on the project commencing within 30 days and being completed in accordance with the mutually agreed upon project schedule.

C. PROJECT HALTED AND RECOMMENCEMENT: If the project is halted by the Owner, through no fault of the Architect for 60 days or more, it is acknowledged that the Architect will suffer damages in the form of increased costs to resume the services on the project. The Owner agrees to reimburse the Architect in the amount of a 10% fee assessed to the project for the full amount of the phase in which the project was halted.

D. REIMBURSABLES: Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance calls, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis.

At Cost Plus 10%

GENERAL CONDITIONS
The following are the General Conditions of the Architect, LCA ARCHITECTS INC., and the Owner, CITY OF SAN RAFAEL, agree as follows:

1. The Owner shall furnish the Architect with a certified survey showing existing contours, boundaries, easements, tree locations, structures, utility locations and grading information. The Owner shall furnish the Architect with a current and up-to-date Title Report. The Owner shall be responsible for all required documents to secure approval of all governmental and/or other authorities having jurisdiction over the project. The Owner shall provide for all legal services required for the development of this project.

2. Termination of this agreement may be initiated at any time by either party with 15 days’ written notice. Owner agrees to remunerate the Architect for his services to date of notification.

3. In the event of cancellation of architectural services, the Owner shall be billed only for that portion of work completed.

4. The Architect is to be equitably paid for changes to approved schemes, delays, errors and/or insolvency of others that cause him or his consultants to perform additional services.

5. Arbitration: All questions in dispute under this agreement may be submitted to arbitration in accordance with the Provisions of the American Arbitration Association.

6. In the event any party files an action or arbitration procedure with relation to a dispute arising out of this contract, the prevailing party is entitled to recover reasonable attorney'sfees andcosts associatedwith this procedure.

7. OWNERSHIP AND COPYRIGHT OF DOCUMENTS: Ownership of drawings and specifications as instruments of service is that of the Architect, whether the work for which they are made be executed or not. All drawings and documents produced under terms of this Agreement are the property of LCA Architects Inc. and cannot be used for any reason other than to bid and construct the above-named project. The Owner shall be granted a revocable license to use the drawings and documents for the purpose of constructing, maintaining and operating the project and shall not use such documents for any other purpose without the Architect’s consent. Architect will provide Owner with a reproducible digital (PDF) for his use, billed on a reimbursable basis per the terms of the Architect’s Fee Schedule and this agreement. The Owner shall indemnify and defend the Architect from any claim, loss, or damage arising out of the Owner’sfailure to abide by the terms hereof. Use of Plans and Specifications without the Architect’s express permission, and without payment of required fees to the Architect constitutes both breach of contract and copyright infringement and may be prosecuted to the full extent of the law. Cad files may be provided after execution of our standard release form.

8. This work is covered by the Mechanics Lien Laws of the State of California. The Architect may elect to file preliminary lien notices to the landowner and all parties involved.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 8 of 10 ends

9. Carl Campos (CA License No. C10482) and David Bogstad (CA License No. C21379) are licensed as architects in the State of California and are employees of Loving Campos Associates Architects, Inc., dba LCA Architects Inc., a California Corporation. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.

10. Carl Campos and/or David Bogstad may not be able to personally represent this project at every meeting or public hearing. A senior professional employee will be available to represent the Architect in the event a principal is not available.

CARL CAMPOS will be the Principal-in-Charge.

11. The Owner agrees to hold harmless, indemnify, and defend the Architect, its employees, and subconsultants from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense arising out of or in any way connected with the presence, discharge, release, or escape of contaminants, or noise pollution of any kind, excepting any such liability as may arise out of the willful misconduct or sole negligence of Architect in the performance of services under this agreement.

12. In accordance with California Civil Code §2782.5, Owner and Architect have negotiated this provision after discussing and understanding the relative benefits and risks of the work, alternatives available to Owner, including modifying this provision in exchange for additional payments by Owner or seeking other consulting services. To the fullest extent permitted by law, Owner agrees to limit the liability of Architect, its officers, employees and subconsultants to Owner, contractors, subcontractors, lenders, suppliers, manufacturers and all others, arising from Architect's services on this project such that the total aggregate liability, including costs of defense and attorneys shall not exceed the total fee for the services on this project. The Owner further agrees to require of all contractors and subcontractors an identical limitation of Architect's liability.

13. Notwithstanding any other provision in this Agreement to the contrary, nothing herein contained shall be construed as constituting a guarantee, warranty or assurance, either express or implied, that the architectural services will yield or accomplish the expected or desired outcome for the project; or obligating the Architect to exercise professional skill or judgement greater than that which can reasonably be expected from other architects under like circumstances; or an assumption by the Architect of the liability of the other party. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Owner or Architect.

14. Betterment: If a required item or component of the Project is omitted from the construction documents, neither the Architect, nor his subconsultants shall be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the Architect or his subconsultants be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project.

15. Shop Drawing Review: The Architect shall review and approve or take other appropriate action on the Contractor submittals, such as shop drawings, product data, samples and other data, which the Contractor is required to submit, but only for the limited purpose of checking for conformance with the design concept and the information shown in the Construction Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Architect’s review shall be conducted with reasonable promptness while allowing sufficient time in the Architect’s judgement to permit adequate review.

Review of a specific item shall not indicate that the Architect has reviewed the entire assembly of which the item is a component. The Architect shall not be responsible for any deviations from the Construction Documents not brought to the attention of the Architect in writing by the Contractor. The Architect shall not be required to review partial submissions or those for which submissions of correlated items have not been received.

16. Stop Work: Architect shall have the right to stop providing the Services and keep the project idle if any payment is not made to Architect in the manner and time provided under this Agreement. Architect shall not be obligated to render any Additional Services until all payments due are received by Architect. Owner acknowledges and understands that in the event that Architect is required to suspend the Services because of Owner's failure to make timely payment under this Agreement, Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 9 of 10 ends

Architect will suffer damages in the form of increased costs to resume the Services on the Project, and Owner agrees to reimburse Architect for all such sums in accordance with this Agreement. The Owner shall remain obligated to pay Architect for all Services performed through the date of termination.

17. Neither the Architect nor the Consultant Team shall have control over or charge of, neither shall they be responsible for, the construction costs, means, methods, techniques, sequences, or procedures, nor for safety precautions, and programs in connection with the architect’s or consultant team’s portion of the project since these are solely the Contractor’s rights and responsibilities under the ContractDocuments.

Please sign below to acknowledge receipt of this contract and initiate this agreement. We thank you for this opportunity to be of service for your project.

Regards,
Carl Campos
CEO | LCA Architects Inc.

License No. C10482
CEC:IF:MK:Proposal 57
Attachments: Exhibit A – LCA Hourly Fee Schedule
Exhibit B – Preliminary Site Design
Agreed and Accepted
_______________________________________ ____________________________ Authorized Signature Date
_______________________________________ ____________________________ Printed Name Title
Please sign and return one copy of this proposal to initiate the agreement.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 City of San Rafael – Interim Shelter Site – April Miller REVISION #1: 12/29/2025
Original: 12/18/2025
LCA #23018.02

Page 10 of 10 ends

EXHIBIT A
LCA ARCHITECTS, INC.
2025 HOURLY FEE SCHEDULE*

DESCRIPTION HOURLY RATE
Principal $300.00
Associate $250.00 to $280.00
Senior Project Architect $250.00 to $265.00
Senior Project Manager $245.00 to $250.00
Quality Control Manager $265.00
Project Architect $240.00
Senior Designer $250.00
Senior Project Designer $240.00 to $245.00
Project Manager $195.00 to $240.00
Construction Manager $220.00
Specifications Writer $220.00
Job Captain $230.00 to $250.00
CAD Tech $185.00 to 200.00
Project Designer $185.00 to $195.00
Senior Project Coordinator $185.00
Administration/Research/Presentations $185.00 to $240.00 Clerical $165.00
Architectural Animation – Preparation of
computer-generated views, renderings and
simulations of architectural interiors and exteriors.

Preparation of video “fly-bys,” walkthroughs, and
other simulations.
$240.00
Expert Witness – Review of documents, meetings,
site visits, telephone conferences, administration of
the documents and materials, research, deposition,
testimony, court appearances, and travel time.
$500.00
Perspective Sketches and Renderings, Visual
Simulations
On a Per Drawing Basis
Mileage (outside of the Walnut Creek area)
**as adjusted by IRS guidelines
$0.70/mile**
Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, postage, express shipping, and travel outside normal project requirements will be billed on a reimbursable basis: at cost plus 15%.

Overtime - If overtime is required by staff, to meet a customer’s timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 01/01/2025. Subject to change quarterly.

Docusign Envelope ID: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Certificate Of Completion
Envelope Id: 480D129E-E4D3-4506-9CE7-5DA3BCA924E3 Status: Sent Subject: DocuSign: Amendment with LCA Architects for 350 Merrydale Interim Shelter Architectural Services Source Envelope:

Document Pages: 43 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
12/30/2025 10:21:05 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:
2600:1700:9750:3df0:5cba:d99:65e5:976
Sent: 2/3/2026 11:33:05 AM
Viewed: 2/3/2026 11:33:41 AM
Signed: 2/3/2026 11:33:46 AM
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: 2/3/2026 11:33:05 AM
Viewed: 2/3/2026 11:50:23 AM
Signed: 2/3/2026 11:50:33 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: 2/3/2026 11:50:35 AM
Electronic Record and Signature Disclosure:

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

Accepted: 12/29/2025 11:14:18 AM
ID: 9fa4091f-f02e-494e-b8f7-69e03ae4924b
David Bogstad
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:

Accepted: 12/29/2025 11:40:51 AM
ID: fc1dfe6a-1461-4806-9d1c-64144619d933
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:

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:
2600:1700:9750:3df0:5cba:d99:65e5:976
Sent: 1/29/2026 11:07:13 AM
Viewed: 2/3/2026 11:20:55 AM
Completed: 2/3/2026 11:33:04 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/29/2026 11:07:13 AM
Envelope Updated Security Checked 1/29/2026 12:46:15 PM Envelope Updated Security Checked 1/29/2026 3:58:50 PM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Envelope Updated Security Checked 2/3/2026 11:33:04 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.

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FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.c
Meeting Date: February 17, 2026

CONDOMINIUM PROJECT
SUBJECT: RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR THE 709 C STREET

DEVELOPMENT FOR CONDOMINIUM PURPOSES
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving the final subdivision map for the 709 C Street Development for Condominium Purposes.

BACKGROUND:

The City’s Zoning Administrator approved an Environmental and Design Review Permit (PLAN21-021, ED21-45) to allow the construction of four new townhomes and associated site and landscaping improvements on an existing parking lot located at 709 C Street at a public hearing on May 23, 2022.

The Zoning Administrator granted a Time Extension (PLAN24-025) for the prior Environmental and Design review, with a revised condition of approval requiring the applicant to obtain a Tentative Subdivision Map prior to issuance of the first building permit at a public hearing on April 17, 2024. The Planning Commission approved the tentative subdivision map (TS24-001) to allow a four-lot residential condominium subdivision at 709 C Street by Resolution No. 24-11 on December 10, 2024. The project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15315 of the CEQA Guidelines (Minor Land Divisions).

The property owner has substantially completed frontage improvements and stormwater treatment and has now applied for approval of the final subdivision map.

ANALYSIS:

The Department of Public Works and BKF, the City’s consultant surveyor, have reviewed the final subdivision map (Exhibit A to the Resolution) and the installed frontage improvements and have determined that the final subdivision map and completed improvements are in substantial conformance with the tentative map approval in Resolution No. 24-11 and the requirements of the Subdivision Map Act.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Resolution No. 24-11 also required the developer to enter into a stormwater facilities maintenance agreement. The stormwater maintenance agreement has been reviewed and approved by the City Engineer and is ready for recording. Section 15.12.050 of the San Rafael Municipal Code (SRMC) also requires recordation of the Declaration of Covenants, Conditions and Restrictions (CC&R’s). These documents have been reviewed and approved by the staff of the Community Development Department and the City Attorney’s Office.

Staff has prepared a resolution approving the final subdivision map and authorizing its recordation by the City Clerk.

FISCAL IMPACT:

There is no fiscal impact associated with this report. Staff costs for processing the application are included in the FY 2025-26 budget and are covered by the developer's application fees.

OPTIONS:

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

1. Adopt the resolution.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving the final subdivision map for the 709 C St development for condominium purposes.

ATTACHMENTS:

1. Resolution
a. Exhibit A to the Resolution - Final Map for Condominium Purposes Lands of MODLP, LLC

2. Declaration of Covenants, Conditions and Restrictions (CC&R’s)

3. Stormwater Facilities Maintenance Agreement
RESOLUTION NO.

A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE FINAL SUBDIVISION MAP FOR THE 709 C STREET DEVELOPMENT FOR CONDOMINIUM PURPOSES WHEREAS, on May 23, 2022, an Environmental and Design Review Permit (PLAN 21-021, ED21-045) was approved to allow the construction of four new townhomes and associated site and landscaping improvements on an existing parking lot located at 709 C Street; and WHEREAS, on April 15, 2024, the City of San Rafael received an application for a Tentative Subdivision Map (PLAN24-056, TS24-001) for a four-lot subdivision at 709 C Street; and WHEREAS, on April 17, 2024, a Time Extension (PLAN24-025) for the prior Environmental and Design review was granted by the Zoning Administrator with a revised condition of approval to obtain a Tentative Subdivision Map prior to issuance of the first building permit; and WHEREAS, the property owner, MODLP, LLC, has applied for approval of the final subdivision map for the subdivision, entitled “Final Map for Condominium Purposes LANDS of MODLP, LLC” and supporting documents; and
WHEREAS, staff has found that the frontage improvements, stormwater treatment, are substantially complete, and the City Engineer and the City’s consultant surveyor have determined that the subdivision map and completed improvements are in substantial conformance with the approved tentative map and comply with the requirements of the California Subdivision Map Act; and NOW, THEREFORE, BE IT RESOLVED, by the City Council that the final subdivision map for the 709 C St Subdivision is hereby approved and the City Clerk is authorized to record the map in the Official Records of the County of Marin, conditioned upon receipt of the fully signed Stormwater Facilities Maintenance Agreements and all other required documents and fees.

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 the 17th day of February 2026, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
P:\Shared\Projects\2022\2200280 C Street Townhomes\DWG\Final Map\FM-1_2_CERTIFICATION SHEETs.dwg 01/22/2026 - 01:36 PM tetiana 1:1

O W N E R' S S T A T E M E N T

C O U N T Y T A X C O L L E C T O R' S S T A T E M E N T

C O U N T Y R E C O R D E R' S S T A T E M E N T

C I T Y E N G I N E E R ' S S T A T E M E N T

S U R V E Y O R' S S T A T E M E N T

S O I L R E P O R T

C I T Y C L E R K ' S S T A T E M E N T

VICINITY MAP
TS24-001
A.P.N.012-073-10

FINAL MAP

FOR CONDOMINIUM PURPOSES

LANDS OF MODLP, LLC
Engineering
Landscape Architecture
Surveying
Urban Planning
504 Redwood Boulevard, #310
Novato, CA 94947
415.883.9850
CSWST2.com

PROJECT
SITE

SAN RAFAEL

C I T Y SURVEYOR ' S S T A T E M E N T
P:\Shared\Projects\2022\2200280 C Street Townhomes\DWG\Final Map\FM-1_2_CERTIFICATION SHEETs.dwg 12/10/2025 - 08:11 AM tetiana 1:1 TS24-001
A.P.N.012-073-10

FINAL MAP

FOR CONDOMINIUM PURPOSES

LANDS OF MODLP, LLC
Engineering
Landscape Architecture
Surveying
Urban Planning
504 Redwood Boulevard, #310
Novato, CA 94947
415.883.9850
CSWST2.com
T R U S T E E` S A C K N O W L E D G E M E N T

T R U S T E E' S S T A T E M E N T

O W N E R' S A C K N O W L E D G E M E N T CLERK OF THE BOARD OF SUPERVISORS ' STATEMENT

O W N E R' S A C K N O W L E D G E M E N T

O W N E R' S A C K N O W L E D G E M E N T
FND RR SPIKE[7][10]
HELD
FND 3/4" PIPE, OPEN
AS SHOWN ON [7][10][11]. HELD

FND CROSS ON CURB
AS SHOWN ON[7][11]. HELD
FND NAIL, NO TAG,RNF.

ACCEPTED AS THE WITNESS
CORNER AS SHOWN ON[10]
FND 3/4" PIPE, OPEN,
AS SHOWN ON[7][10]. HELD
FND NAIL PER [10]
HELD

SNF, NAIL
PER [10]
SNF, NAIL PER [10]

SNF, CROSS
PER [7]
SNF, NAIL&TAG LS2535 [7]
FIRST STREET (R/W WIDTH VARIES[7])
C STREET (65' R/W PER[1])D STREET (R/W WIDTH VARIES PER[7]) SECOND STREET (R/W WIDTH VARIES PER[1]) SNF, HUB
PER [10]

SNF, HUB
PER [10]
SNF, NAIL PER [10]
SNF,
CROSS[7]
SNF, "T" CUT [7]
SNF, CROSS PER [7]
FND 5/8" REBAR TAGGED
RCE 11181 PER [7]
HELD
SNF, TAG LS2535
ON 4"x4" POST[7]

FND NAIL AND TAG
PLS 4419 PER [11].

0.24' WESTERLY
FROM R/W.

SNF, SPIKE
PER [11]
SNF, PLUG PER[10]
SNF, NAIL[10]
16 OS 69[10]
230 DEEDS 375[31]
181 DEEDS 90[30]
114 OR 217[37]
233 DEEDS 210[36]
105 OR 85[35]
178 DEEDS
365[34]
181 DEEDS 82[33]
180 DEEDS 391[32]
178 DEEDS 365[34]
Graphic Scale (in feet)
0 1 inch = 30 ft.
30 60 30

FINAL MAP

FOR CONDOMINIUM PURPOSES

LANDS OF MODLP, LLC
LEGEND

BASIS OF BEARINGS
FND 1/2" IP PLS 4419 PER [11],

1.11' SOUTHERLY FROM R/W. MAP REFERENCES

DEED REFERENCES
FND 5/8" REBAR RCE 11181 PER[7]. HELD
FND NAIL AND TAG RE 3230
SHOWN ON[7][11]
SNF, CROSS PER[7]
DETAIL "A"
N.T.S.

N45°24'17"E 384.55'(C)[10]

BASIS OF BEARINGS
C STREET (65' R/W PER[1])
230 DEEDS 375[31]
181 DEEDS 90[30]
233 DEEDS 210[36]

PARCEL ONE
178 DEEDS 365[34]

PARCEL TWO
178 DEEDS 365[34]

BUILDING
Graphic Scale (in feet)
0 1 inch = 10 ft.
10 20
10 FINAL MAP

CONDOMINIUM SUBDIVISION

LANDS OF MODLP, LLC
METHOD AND REASONING STATEMENT (SEE SHEET3)
OWNER`S INFORMATION (SEE SHEET 3)

MAP REFERENCES

DEED REFERENCES

LANDS OF MODLP, LLC
APN 012-073-10
(2024-0026294[23])

A PORTION OF LANDS AS
DESCRIBED IN[30] AND [34]
DETAIL "A" LEGEND
LOT 3
1,284± S.F.

LOT 2
1,252± S.F. LOT 1
910± S.F.

LOT 4
1,091± S.F.

LOT A

COMMON AREA
2,466± S.F.
(PRIVATE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOTS 1, 2, 3 AND 4 Graphic Scale (in feet)
0 1 inch = 10 ft.
10 20 10
TS24-001

FINAL MAP

FOR CONDOMINIUM PURPOSES

LANDS OF MODLP, LLC
LEGEND
A.P.N.012-073-10
FIRST STREET (R/W WIDTH VARIES[7]) C STREET (65' R/W PER[1])

BASIS OF BEARINGS
Recording Requested By and
When Recorded Return To:

MODLP, LLC
c/o Michael O’Mahony
4280 Redwood Highway, Suite 7
San Rafael, CA 94903

APN:
(formerly APN: 012-073-10)

DECLARATION
OF

CONDITIONS, COVENANTS AND RESTRICTIONS
OF
709 C STREET,

A CONDOMINIUM PROJECT,

AND CONDOMINIUM PLAN

TABLE OF CONTENTS OF

DECLARATION
OF

CONDITIONS, COVENANTS AND RESTRICTIONS
OF
709 C STREET,

A CONDOMINIUM PROJECT
[INSERT TABLE OF CONTENTS HERE]

ATTACHMENT A - LEGAL DESCRIPTION

ATTACHMENT B - CONDOMINIUM PLAN
-i-

DECLARATION
OF

CONDITIONS, COVENANTS AND RESTRICTIONS
OF
709 C STREET,

A CONDOMINIUM PROJECT
THIS DECLARATION is made on the date hereinafter set forth by MODLP, LLC, a California limited liability company, referred to herein as "Declarant".

Declarant is the owner of that certain real property located in the City of San Rafael, County of Marin, State of California, more particularly described in Attachment A annexed hereto and incorporated by reference herein.

Said real property is being improved with four separate structures with one (1) residential Unit each, each on its own Lot, with one (1) Common Area lot. Declarant intends to establish a condominium project under the provisions of the Davis-Stirling Common Interest Development Act, providing for separate title to each Unit within the Project, each Unit to have an undivided interest in all the remaining property.

The development shall be referred to herein as the "Project".

Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all the Condominiums of the Project and the Owners thereof.

Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates, consisting of the Lots, as well as the co-ownership by the individual owners, as tenants in common and as hereafter set forth, of all the remaining portions of the Project, which is hereinafter defined and referred to as the "Common Area".

NOW, THEREFORE, Declarant hereby establishes that the Property hereinafter described shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, -1-
subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are imposed as equitable servitudes, pursuant to a general plan for the development of the Property, for the purposes of enhancing and protecting the value and attractiveness of the Property and the Project, and every part thereof, in accordance with the plan for the improvement of the Property and the division thereof into condominiums. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be binding upon Declarant and the successors and assigns of Declarant and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project.

ARTICLE I

DEFINITIONS
Section 1.1 "Articles" Shall mean and refer to the Articles of Association of the Association, as amended from time to time.

Section 1.2 "Assessments" Shall mean Regular Assessments and/or Special Assessments which are a portion of the cost of maintaining, repairing, improving, operating and managing the Property, or Individual Special Assessments, which are imposed to bring an Owner and his Unit into compliance with the Condominium Documents, and which are to be paid by Owners as determined by the Association.

Section 1.3 "Association" Shall mean and refer to the 709 C Street Homeowners Association, a nonprofit mutual benefit corporation, the Members of which shall be Owners of Condominiums in the Project.

Section 1.4 "Bylaws" Shall mean or refer to the Bylaws of the Association as amended from time to time.

Section 1.5 "Common Area" Shall mean and refer to those portions of the Property to which title is held by all Owners in common, specifically “Lot A,” and excepting all the Lots other than “Lot A,” which all such Lots being depicted on the Map.

Section 1.6 "Common Expenses" Means and includes the actual and estimated expenses of operating the Property and any reasonable reserve for such purposes, as found and determined by the Association, and all sums designated common expenses by or pursuant to the Condominium Documents.
-2-
Section 1.7 "Common Interest" Means the one-fourth (1/4) undivided interest in the Common Area which is appurtenant to each Lot, as set forth in this Declaration.

Section 1.8 "Condominium" Shall mean an estate in real
property, as defined in California Civil Code Section 4125, consisting of title to a Lot/Unit and an undivided interest in the Common Area.

Section 1.9 "Condominium Documents" Means and includes this Declaration, as it may be amended from time to time, the attachments, if any, annexed hereto, the Articles, the Bylaws, and the rules and regulations for the Members, as established from time to time.

Section 1.10 "Condominium Plan" or “Plan” Shall mean and refer to those certain portions of the Map which define and describe the Lots/Units and Common Area, prepared pursuant to California Civil Code Sections 4120, 4285, 4290 and 4295, and appended hereto as Attachment B.

Section 1.11 "Declarant" Shall mean and refer to MODLP, LLC, a California limited liability company, together with its successors and assigns who have expressly been assigned the rights of Declarant.

Section 1.12 "Declaration" Shall mean and refer to this enabling Declaration.

Section 1.13 "Eligible Insurer or Guarantor" Shall mean and refer to an insurer or governmental guarantor of a first mortgage who has requested notice of certain matters from the Association in accordance with Section 8.6(g).

Section 1.14 "Eligible Mortgagee" Shall mean and refer to a first mortgagee who has requested notice of certain matters from the Association in accordance with Section 8.6(g).

Section 1.15 "Exclusive Use Common Area" Shall mean and refer to those portions of the Common Area, if any, set aside for exclusive use of an Owner, or Owners, pursuant to Article II, Section 2.2(c), and shall constitute "exclusive use common area" within the meaning of California Civil Code Section 4145.

Section 1.16 "Individual Special Assessment" Shall mean an Assessment levied against a particular Owner and such Owner’s Condominium for corrective action performed or for reasonable fines or service charges levied, all in accordance with this Declaration. -3-
Section 1.17 "Institutional Lender" Shall mean any bank, savings and loan association, insurance company, or other financial institution holding a recorded mortgage on any Unit.

Section 1.18 "Map" Shall mean that subdivision map entitled "Final Map Condominium Subdivision Lands of MODLP, LLC", recorded the ____ day of _______ 2025 in Book ____ of Maps, at Pages ___, Serial No. 2025-_______, Official Records of the County of Marin, State of California.

Section 1.19 "Member" Shall mean and refer to a person
entitled to membership in the Association, as provided in this Declaration.

Section 1.20 "Mortgage" Shall include a deed of trust as well as a mortgage.

Section 1.21 "Mortgagee" Shall include a beneficiary or a holder of a deed of trust as well as a mortgage.

Section 1.22 "Mortgagor" Shall include the trustor of a deed of trust as well as a mortgagor.

Section 1.23 "Owner" or "Owners" Shall mean or refer to the record holder or holders of title, if more than one, of a Condominium in the Project. This shall include any person having a fee simple title to any Unit but shall not include contract sellers and those persons or entities having any interest merely as security for the performance of any obligation. If a Unit is sold under a recorded installment land contract to a purchaser, such purchaser, rather than the fee owner, shall be considered the Owner.

Section 1.24 "Person" Means a natural person, a corporation, a partnership, a trust or other legal entity.

Section 1.25 "Project" Shall mean and refer to the entire real property described herein, including all structures and improvements erected thereon.

Section 1.26 "Property" Means and includes the real property described herein and all improvements erected thereon and all property, real, personal or mixed, intended for or used in connection with the Project.

Section 1.27 "Regular Assessment" Shall mean an Assessment which is a portion of the cost of maintaining, improving, operating and managing the Property which is to be paid by each Owner, as determined by the Association.
-4-
Section 1.28 "Share" Means the percentage interest in and to the Common Area attributed to and appurtenant to each Unit, as set forth in Article II, Section 2.2(b) hereof.

Section 1.29 "Special Assessment" Shall mean a supplemental Assessment to meet expenses which is to be paid by each Owner when the total amount of funds necessary to defray common expenses is determined to be inadequate by the Association.

Section 1.30 "Unit" or "Lot" Shall mean and refer to the elements of the Condominium, as defined in Article II, Section

2.2(a), which are not owned in common with the Owners of other Condominiums in the Project, specifically, each respective Lot, “Lot 1,” “Lot 2,” “Lot 3,” and “Lot 4,” excepting therefrom “Lot A,” all as depicted on the Map.

Section 1.31 "Unit Designation" Means the number, letter or combination thereof or other official designations shown on the Condominium Plan.

Section 1.32 "Number and Gender" The singular and plural number and masculine, feminine and neuter gender shall each include the other where the context requires.

Section 1.33 "Mandatory and Permissive" "Shall", "will", and "agree" as used herein are mandatory and "may" as used herein is permissive.
-5-

ARTICLE II

DESCRIPTION OF PROJECT, DIVISION OF PROPERTY

AND CREATION OF PROPERTY RIGHTS
Section 2.1 Description of Project.
(a) Project Description. The Project consists of four(4) Lots upon each of which there is being built a structure containing one (1) residential Unit and a Common Area lot, “Lot A,” and all other improvements located on all those lots. Reference is made to the Condominium Plan to supply further details concerning the Project.
(b) Easements.
i. Easements to Accompany Conveyance of a
Condominium. Easements that benefit or burden any Condominium, including the right of access for each Owner to the Owner's Unit, shall be appurtenant to that Condominium and shall automatically accompany the conveyance of the Condominium, even though the description in the instrument of conveyance may refer only to the fee title to the Condominium.
ii. Easements, Generally. The ownership interest
in the Common Area and Units, and each Owner's right of ingress and egress over the Common Area described in this Article II, are subject to the easements and the rights of the Association granted and reserved in this Declaration and the other Condominium Documents. Each of the easements reserved and granted pursuant to this Declaration shall be deemed to be established upon the recordation of this Declaration and shall henceforth be deemed to be covenants running with the land for the use and benefit of the Owners, the Condominiums, the Association, and the Common Area, superior to all other encumbrances applied against or in favor of any portion of the Project. Individual grant deeds to Condominiums may, but shall not be required to, set forth the easements specified in this Article.
iii. Specific Easements.
a. Upon conveyance of any Unit in the Project,
there shall be granted a bike parking easement over and across those portions of Lot 2 and Lot 3 depicted and labeled on the Map as “Bike Parking Easement” and “Private Bike Parking Easement” for the benefit of all the Owners and for the purpose of the Owners of all the Units in the Project parking bicycles.
-6-
b. Upon the conveyance of Lot 3 or Lot 4, there
shall be granted a storm drain easement over, across and under that portion of Lot 3 depicted and labeled on the Map as “4.08' Storm Drain Easement in Favor of Lot 4" and “Private Storm Drain Easement as Noted” for the benefit of the Lot 4 Owner and for the purpose of the Lot 4 Owner maintaining and the private storm drain; c. Upon the conveyance of Lot 2 or Lot 3, there
shall be granted a private parking easement over and across that portion of Lot 3 depicted and labeled on the Map as “5.23' Parking Easement in Favor of Lot 2" and “Private Parking Easement As Noted” for the benefit of the Lot 2 Owner and for the purpose of the Lot 2 Owner parking non-commercial passenger automobiles; and d. Upon the conveyance of any Unit in the
Project, there shall be granted a private access and utility easement over, across and under Lot A, for the benefit of all Owners and for the purpose of all Owners having unobstructed vehicular and pedestrian ingress and egress to their respective Lots in the Project, and the for the purpose of installation and maintenance of utility lines serving the Common Area and the individual Lots.
iv. Notwithstanding anything herein expressly or
impliedly to the contrary, this Declaration and the Project shall be subject to all easements and rights-of-way shown on the Condominium Plan, Map and all other easements of record. v. The Association shall have the power, without
the consent of the Owners, to dedicate and/or grant easements over all or any portion of the Common Area in the name of all of the Owners as their attorney-in-fact, for the purpose of constructing, erecting, operating or maintaining lines, cables, wires, conduits, or other devices for electricity, cable television, computer, internet, power, telephone, and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities, for the benefit of the Association or Owners, as the Association may decide, including the right to grant easements to public agencies and utilities that are reasonably necessary for the operation of the Project and the Units. The Association shall have the right to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by at least two-thirds (3/4ths) of the Owners, agreeing to such dedication or transfer, has been recorded.
vi. Each Unit shall have an easement for drainage
through the established drainage pipes and facilities. Such -7-
easements shall be subject to the restrictions set forth in Article VI hereof.

Section 2.2 Division of Property. The Property is hereby divided into the following separate freehold estates:
(a) Lots/Units. Each of the Lots, as separately shown,
numbered and designated in the Condominium Plan, are defined horizontally to their respective lot boundary lines and defined vertically to the land and airspace within those boundary lines.

The individual Lots do not include those areas and those things which are defined as "Common Area" in Article I, Section

1.7. Each Lot is subject to such encroachments as are contained in the Project, whether the same now exist or may be later caused or created in any manner referred to in Article VIII, Section 8.5. (b) Common Areas. The remaining portion of the Property referred to herein as "Common Area" or "Common Areas" shall include, without limitation, all of the elements set forth in Article I, Section 1.7. Each Owner shall have appurtenant to his Unit an undivided twenty-five percent (25%) interest in the Common Area.

The ownership of each Condominium shall include a Unit and such undivided interest in the Common Area. The common interest appurtenant to each Unit is declared to be permanent in character and cannot be altered without the consent of all Owners affected and the first mortgagees of such Owners, as expressed in an amended declaration. Such common interest cannot be separated from the Unit to which it is appurtenant. Each Owner may use the Common Area in accordance with the purposes for which it is intended without hindering the exercise of or encroaching upon the rights of any other Owners.
(c) Exclusive Use Common Areas. Portions of the Common
Area shown and delineated on the Condominium Plan may be "Exclusive Use Common Areas" and may be hereby reserved by Declarant as exclusive use common areas, as defined in California Civil Code Section 4145, to be granted as exclusive easements appurtenant to a particular Unit.

The assignment, transfer or exchange, either reciprocal or unilateral, of the right to the exclusive use of an Exclusive Use Common Area from one Owner to another or between two or more Owners is authorized provided that the assignment, transfer or exchange of such Exclusive Use Common Area is evidenced by a recorded document.

In the event the Association acquires fee title to or any easement right over the Common Area, the affirmative vote of Members owning at least three of the Units shall be required before -8-
the Association may grant exclusive use of any portion of such Common Area to any Member, except as provided in California Civil Code Section 4600. Measures placed before the Members requesting the Association grant exclusive use of any portion of the Common Area shall specify whether the Association will receive any monetary consideration for the grant and whether the Association or the transferee will be responsible for providing any insurance coverage for exclusive use of such Common Area.
(d) No Separate Conveyance of Undivided Interest. The
foregoing undivided interests are hereby established and are to be conveyed with the respective Units, as set forth above. Such undivided interests cannot be changed, except as set forth in this Declaration. Declarant, and the successors, assigns and grantees of Declarant, covenant and agree that the undivided interests in the Common Area referred to in Section 2.2(b) and the fee title to the respective Units conveyed therewith, shall not be separated or separately conveyed, and each such undivided interest shall be deemed to be conveyed or encumbered with its respective Unit, even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the Unit. (e) Annexation. Any annexation of real property to the
Project shall require the affirmative vote of Members owning at least three (3) of the Lots.

Section 2.3 Partition Prohibited. The Common Area shall remain undivided, as set forth herein. Except as provided by California Civil Code Section 4610, no Owner shall bring any action for partition of the Project or any part thereof, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby. However, partition of title to a single Lot is prohibited.

ARTICLE III

ASSOCIATION-ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS Section 3.1 Association to Manage Common Areas. The
management of the Common Area shall be vested in the Association, in accordance with its Bylaws. The Owners of all of the Condominiums covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration, the Articles and the Bylaws of the Association.

Section 3.2 Membership. The Owner of a Condominium
automatically, upon becoming an Owner, shall be a Member of the Association, and shall remain a Member thereof until such time as -9-
his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Membership shall be held in accordance with this Declaration, the Articles and the Bylaws of the Association.

Section 3.3 Transferred Membership. Membership in the
Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Condominium to which it is appurtenant, and then only to the purchaser of such Condominium.

A mortgagee does not have membership rights until he becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. In the event the Owner of any Condominium should fail or refuse to transfer the membership registered in his name to the purchaser of his Condominium, the Association shall have the right to record the transfer upon its books and thereupon any old membership outstanding in the name of the seller shall be null and void.

Section 3.4 Membership Class and Voting Rights. The
Association shall have two classes of voting membership:
(a) Class A. Class A Members shall be all Owners with
the exception of Declarant, until such time as Class B merges into Class A. Each Condominium shall be allocated one vote in the Association. When more than one Owner holds an interest in any Condominium, all such co-Owners shall be Members of the Association; however, the vote for each Condominium must be cast as a whole. No fractional votes shall be allowed with respect to any Condominium, nor shall more than one vote be cast with respect to any Condominium. When more than one person owns a Condominium, there shall be one "Voting Owner" for such Condominium. The Voting Owner shall be designated by the record Owners of each Condominium by written notice to the Association. The designation shall be revocable at any time by actual notice to the Association given by any Owner of record of such Condominium or by the death or judicially declared incompetency of any record Owner. The power herein conferred to designate a Voting Owner, and to revoke said designation, may be exercised by the Owner's conservator or by the guardian of his estate, or in the case of a minor having no guardian, the parent or parents entitled to custody of said minor, or during the administration of his estate, the executor or the administrator of a deceased Owner, where the latter's interest in the Condominium is subject to administration in his estate. Where no Voting Owner of a Condominium has been designated, or the designation has been revoked as provided herein, the vote for such Condominium shall be exercised as the majority of the co-Owners of the Condominium mutually agree. No vote shall be cast for any Condominium where there is no designated Voting Owner or the majority of co-Owners present in representing the Condominium cannot agree in their vote as provided herein.
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(b) Class B. The Class B Member shall be Declarant who
shall be entitled to vote as follows: Voting shall be the same as for Class A memberships, except that the Class B Member may triple its vote for each Condominium owned. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever first occurs:
i. When the total votes outstanding in the Class
A membership equals the total vote (tripled as stated) outstanding in the Class B membership; or
ii. On the second anniversary date of the first
conveyance of a Condominium in the Project.

Upon the merger of Class B into Class A, all Units shall be entitled to one (1) vote. Except as otherwise provided in the Condominium Documents, any action by the Association which must have the approval of the Members before being undertaken shall require the vote or written assent of fifty-one percent (51%) of each class of membership during the time that there are two outstanding classes of membership. Any provision in this Declaration which requires that the vote of Declarant be excluded during any such vote shall be applicable only if there has been a conversion of Class B to Class A shares, and shall be understood to require the vote or written assent of fifty-one percent (51%) of the total voting power of the Association and the vote or written assent of fifty-one percent (51%) of the total voting power of Members other than Declarant. The immediately foregoing sentence shall not apply to those situations governed by Title 10, California Code of Regulations, Section 2792.4, governing the enforcement of bonded obligations.

Section 3.5 Votes Required for the Association to Assert a Claim Under Title 7 of Part 2 of Division 2 of the California Civil Code. The Association shall have the power to initiate claims against Declarant (and/or any contractor, subcontractor, design professional, engineer, or supplier who provided labor, services, or materials to the Project) for violations of Title 7 of Part 2 of Division 2 of the California Civil Code ("Title 7"), as soon as the Association has one (1) Member other than Declarant. Upon the written request of any Member to the Association, the Association shall establish a committee consisting exclusively of Member(s) to investigate claimed violations of the functionality standards of Chapter 2 of Title 7. Upon the committee’s determination that cause exists to initiate a claim, the decision of whether to initiate a claim shall be made by a vote solely of the Members other than Declarant. A majority of the votes cast shall be deemed to be the decision of the Association, which the Association shall carry out by submitting the necessary claim to Declarant and/or to the appropriate party; provided, however, that the vote is either conducted at a properly convened meeting with the requisite quorum -11-
in accordance with the provisions of the Bylaws related to meetings and voting, or the vote was conducted without a meeting in accordance with California Corporations Code Section 7513, as authorized by the Bylaws.

ARTICLE IV

MAINTENANCE AND ASSESSMENT
Section 4.1 Creation of the Lien and Personal Obligation of Assessment. Declarant, for each Condominium owned within the Project, hereby covenants, and each Owner of any Condominium by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association Regular Assessments, Special Assessments and Individual Special Assessments, such Assessments to be established, made and collected as provided in this Declaration.

Each Assessment or installment thereof, together with any late charge, interest, collection costs and reasonable attorneys' fees, shall be the personal obligation of the Owner at the time such Assessment, or installment, became due and payable. If more than one person is the Owner of a Condominium, the personal obligation to pay such Assessment, or installment, respecting such Condominium shall be both joint and several. The annual Regular Assessments, the Special Assessments and Individual Special Assessments provided for in this Article IV, together with interest, late charges, collection costs and reasonable attorneys' fees, shall be a continuing lien upon the Condominium against which the Assessment is made, as provided in Section 4.13 hereof. No Owner of a Condominium may exempt himself from payment of Assessments, or installments, by waiver of the use or enjoyment of all or any portion of the Common Area or by waiver of the use or enjoyment of, or by abandonment of, his Condominium.

Section 4.2 Purpose of Assessment. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Members of the Association; the improvement, replacement, repair, operation and maintenance of the Common Area; and the performance of the duties of the Association, as set forth in this Declaration.

Section 4.3 Regular Assessment and Reserve Fund.
(a) The Association shall establish and levy annual
Regular Assessments in an amount the Association estimates will be sufficient to raise the funds needed to perform the duties of the Association during each fiscal year, subject to the limitations contained in Section 4.5 hereof. Such annual Regular Assessments shall include an adequate reserve fund for maintenance, repairs and -12-
replacement of those major components of the Common Area and facilities which the Association is obligated to maintain and that must be replaced on a periodic basis, and shall be payable in regular installments rather than by Special Assessments. (b) Unless the Association is exempt from Federal or
State taxes, all reserves shall be accounted for as contributions to the capital of the Association and as trust funds segregated from the regular income of the Association or in any other manner authorized by law or regulation of the Internal Revenue Service and the California Franchise Tax Board that will prevent such funds from being taxed as income to the Association.
(c) Failure of the Association to set Regular
Assessments shall not be deemed a waiver of Regular Assessments but, rather, the prior fiscal year's Regular Assessment shall remain in full force and effect.
(d) The Association shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components of the Common Area and facilities which the Association is obligated to repair, restore, replace, or maintain, and for which such reserve fund was established. However, the Association may authorize the temporary transfer of money from a reserve fund to the Association's general operating fund to meet short-term cashflow requirements or other expenses, provided the Association has made a written finding, recorded in the Association's minutes, setting forth the reasons that the transfer is needed, and describing when and how the money will be repaid. The transferred funds shall be restored to the reserve fund within one (1) year of the date of the initial transfer, except that the Association may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration. The Association shall exercise prudent fiscal management in maintaining the integrity of the reserve account, and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required by this Section. Such Special Assessment is subject to the limitation imposed by Section 4.5 of this Declaration. The Association may, at its discretion, extend the date on which the payment of the Special Assessment is due. Any extension shall not prevent the Association from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. (e) When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of that decision in the next available mailing of any nature to all Members (with the Association newsletter, magazine, etc., if there is one) -13-
and of the availability of an accounting of those expenses. The Association shall make an accounting of expenses related to such litigation on at least a quarterly basis. The accounting shall be made available for inspection by Members at the Association's office.

Section 4.4 Special Assessments. If the Association
determines that the estimated total amount of funds necessary to defray the common expenses of the Association for a given fiscal year is, or will become, inadequate to meet expenses for any reason (including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on the Common Area), the Association shall determine the approximate amount necessary to defray such expenses, and if the amount is approved by a majority vote of the Association, it shall become a Special Assessment. The Association may, in its discretion, prorate such Special Assessment over the remaining months of the fiscal year or levy the Special Assessment immediately against each Unit. Unless exempt from Federal or State income taxation, all proceeds from any Special Assessment shall be segregated and deposited into a special account and shall be used solely for the purpose or purposes for which they were levied, or they otherwise shall be handled and used in a manner authorized by law or regulations of the Internal Revenue Service and the California Franchise Tax Board in order to avoid, if possible, their taxation as income to the Association.

Section 4.5 Individual Special Assessment. The Association may levy an Individual Special Assessment against a particular Owner and such Owner's Unit, directly attributable to or reimbursable by such Owner, if the Association: (a) performs corrective action pursuant to the provisions of Section 5.1 of this Declaration; (b) assesses a reasonable fine or penalty to bring such Owner and such Owner's Unit into compliance with the Condominium Documents, including Rules and Regulations adopted by the Association; or (c) imposes a charge for services rendered by the Association. Interest and other charges may accrue on such Individual Special Assessments as provided in Section 4.10 hereof.

Section 4.6 Limitation on Association's Authority to Increase and Decrease Assessments.
(a) Any increases in Regular Assessments shall not be
imposed unless the Association has complied with Section 9.2(b) of the Bylaws with respect to that fiscal year, or has obtained, in accordance with Section 4.6 hereof, the approval of a majority of the Owners at a meeting or election at which a quorum was present. (b) Notwithstanding subsection (a) above, the
Association may not, without the approval of a majority of the Owners at a meeting or election at which a quorum was present:
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i. Increase Regular Assessments more than twenty
percent (20%) greater than the Regular Assessments for the Association's preceding fiscal year, or
ii. Impose Special Assessments which in the
aggregate exceed five percent (5%) of the budgeted gross expenses for the current fiscal year.
(c) Assessment increases are not limited in the case of emergency situations, which are any of the following:
i. An extraordinary expense required by court
order.
ii. An extraordinary expense necessary to repair or
maintain the Project, or any part of it for which the Association is responsible, where a threat to safety of persons is discovered. iii. Repairs to or maintenance of the Project that
could not have been reasonably foreseen in preparing the budget.

Prior to imposition of the Assessment, the Association shall make written findings, distributed to the Members, as to the necessity of the expense and why it could not have been foreseen. (d) The Association may not charge or collect fees or
Assessments in connection with a transfer of a Condominium in excess of the actual cost to change its records.
(e) The annual Regular Assessment may not be decreased
by the Association or by the Members by more than ten percent (10%) in any one (1) year without the approval of a majority of the voting power of the Association residing in Members other than Declarant.
(f) The Association shall provide notice by first-class mail to the Members of any increase of Regular or Special Assessments not less than thirty (30) days nor more than sixty (60) days prior to the increased Assessment becoming due.

Section 4.7 Notice and Quorum for Any Action Authorized Under Section 4.5. Any action authorized under Section 4.5, which requires a vote of the membership, shall be taken at a meeting called for that purpose at which a quorum equal to more than fifty percent (50%) of the total voting power of the Association is present. Written notice of said meeting shall be sent to all Members not less than ten (10) nor more than ninety (90) days in advance of the meeting, specifying the place, day and hour of the meeting and, notwithstanding any other provision of law, shall specify those matters the Association intends to present for action by the Members; but, except as otherwise provided by law, any proper matter may be presented at such meeting for action. The -15-
action may also be taken without a meeting, pursuant to the provisions of California Corporations Code Section 7513.

Section 4.8 Levying of Regular and Special Assessments.

Regular and Special Assessments shall be assessed equally to the Owners.

Section 4.9 Assessment Period. The Regular Assessment period shall commence on January 1 of each year and shall terminate on December 31 of each year, or such other dates as may be approved by the Association, and Regular Assessments shall be payable in equal monthly installments, unless the Association adopts some other basis for collection. However, the initial Regular Assessment period shall commence on the first day of the calendar month following the date on which the sale of the first Condominium to a purchaser is closed and shall terminate on December 31 of the year in which the initial sale is closed. The first Regular Assessment and all Special Assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments, unless the Association adopts some other basis for collection. The Association shall not change the pro rata interest in the Common Area or obligation of any Condominium for purposes of levying Assessments, unless all Owners affected and all the mortgagees of such Owners have given their prior written consent.

Section 4.10 Notice and Assessment Installment Due Dates; Delinquent Assessment.
(a) A single ten (10) day prior written notice of each
annual Regular Assessment and Special Assessment, specifying the due dates for the payment of installments, shall be given to each Owner of every Condominium subject to Assessment; provided, however, in the event of an increase in any Regular or Special Assessment, such notice shall be given not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. The due dates for the payment of installments normally shall be the first day of each month, unless some other due date is established by the Association. Each installment of Regular Assessments and Special Assessments shall become delinquent if not paid within fifteen (15) days after its due date. (b) If an Assessment is delinquent, the Association may recover the following:
i. Reasonable costs incurred in collecting the
delinquent Assessment, including reasonable attorneys' fees; ii. A late charge of ten percent (10%) of the
delinquent Assessment, or ten dollars ($10.00), whichever is greater;
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iii. Interest on all sums imposed in accordance with
this Section, including the delinquent Assessment, reasonable fees and costs of collection, and reasonable attorney's fees, at an annual percentage rate of twelve percent (12%) interest, commencing thirty (30) days after the Assessment becomes due.

Section 4.11 Payment of Delinquent Assessments; Dispute Resolution. In accordance with California Civil Code Section 5658, an Owner may dispute a delinquent by paying to the Association in full the amount of Assessment in dispute, late charges, interest, and all reasonable fees and costs associated with the preparation and filing of a notice of delinquent assessment, including reasonable attorney's fees as may be prescribed by statute, and giving written notice to the Association that the amount is being paid under protest. Such notice shall be given by certified mail not more than thirty (30) days from the recording of a notice of delinquent assessment. Following receipt of such notice, the Association shall inform the Owner that the dispute may be resolved by alternative dispute resolution as set forth in California Civil Code Section 5900 et seq. The Owner may commence an action in small claims court.

Section 4.12 Estoppel Certificate. The Association, on not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not, to the knowledge of the Association, a particular Owner is in default as to his Condominium under the provisions of this Declaration and further stating the dates to which installments of Assessments, Regular or Special, have been paid as to such Owner's Condominium. Any certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of such Condominium, but reliance on such certificate may not extend to any default not involving the payment of Assessments of which the signer had no actual knowledge. The actual costs (rounded) to the Association for providing such estoppel certificate may be charged to the Owner of the Unit.

Section 4.13 Right to Enforce. The right to collect and enforce Assessments is vested in the Association. The Association, or its authorized representative, can enforce the obligations of the Owners to pay Assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Association may foreclose by judicial proceedings or through the exercise of the power of sale, pursuant to Section 4.14, to enforce the lien rights created. Suit to recover a money judgment for unpaid Assessments, together with all amounts described in Section

4.1 shall be maintainable without foreclosing or waiving the lien rights.
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Section 4.14 Creation of Lien. If there is a delinquency in the payment of any Assessment or installment thereof on a Condominium, as described in Section 4.9 hereof, any amounts that are delinquent, together with any late charges, interest and all costs that are incurred by the Association or its authorized representative in the collection of the amounts, including reasonable attorneys' fees, shall be a lien against such Condominium upon the recordation in the Office of the County Recorder of the County of Marin of a notice of delinquent assessment, as provided in California Civil Code Section 5660.

Before the Association may place a lien upon a Condominium to collect a debt which is delinquent under Section 4.9 hereof, the Association shall, at least thirty (30) days prior to recording a lien, notify the Owner in writing by certified mail of:
(a) The general collection and lien enforcement
procedures of the Association and the method of calculation, a statement that the Member has the right to inspect Association records, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF

YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". (b) An itemized statement of the charges owed by the
Member, including the delinquent assessments, the fees and reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any.
(c) A statement that the Member shall not be liable to
pay the charges, interest, and costs of collection if it is determined the Assessment was paid on time to the Association. (d) The right to request a meeting with the Association as provided hereinbelow.

A Member may provide the Association with a written notice of secondary address by facsimile transmission or United States mail, and the Association shall send any and all correspondence and legal notices required pursuant to this Section to both the Member's primary and secondary addresses.

Any payments towards such debt shall be first applied to principal owed, and only after the principal owed is paid in full shall such payments be applied to fees and costs of collection expenses, attorney's fees, late charges or interest. When a Member makes a payment, he may request a receipt and the Association shall provide it, such receipt to indicate the date of payment and the person receiving it. The Association shall provide a mailing address for overnight payment of Assessments.
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The notice of delinquent assessment shall state the amount of the Assessment, collection costs, attorneys' fees, late charges, and interest, a legal description of the Condominium against which the Assessment and other sums are levied, the name of the record Owner, and the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by the President of the Association or such other person designated by the Association for that purpose, and mailed in the manner set forth in California Civil Code Section 2924(b), to all record Owners of the Condominium no later than ten (10) calendar days after recordation.

A Member may request to meet with the Association to discuss a payment plan for the debt, as provided in California Civil Code Section 5660.

A Member may dispute the debt noticed by submitting to the Association a written explanation of the reasons for such dispute and requesting dispute resolution. The Association shall respond in writing to the Member within fifteen (15) days of the postmark date of the explanation and resolution request, if the explanation is mailed within fifteen (15) days of the postmark of the notice of delinquent assessment. In addition, the Association may not commence a foreclosure without participating in alternative dispute resolution with a neutral third party, if so requested by the Member. Binding arbitration shall not be available if the Association intends to initiate judicial foreclosure.

Monetary penalties levied by the Association (1) as a
disciplinary measure for failure of an Owner to comply with the Condominium Documents, or (2) as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Area and facilities for which the Owner was allegedly responsible, or (3) in bringing the Owner and his subdivision interest into compliance with the Condominium Documents, shall not be Assessments which may become a lien against the Unit Owner’s subdivision interest enforceable by a sale of the interest in accordance with the provisions of Sections 2924, 2924(b) and 2924(c) of the California Civil Code.

The Assessment lien created by this Section shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except for taxes, bonds, assessments and other levies, which by law would be superior thereto, and except for the lien of any first mortgage made in good faith and for value.

If a lien previously recorded against a Condominium was recorded in error, the Association shall, within twenty-one (21) calendar days, record a release of lien and provide the Member with a declaration that the notice recording was in error and a copy of the lien release.
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If the Association fails to comply with the procedures set forth in this Section, it shall recommence the required notice process prior to recording a lien, and any costs associated therewith shall be borne by the Association and not by the Member.

Section 4.15 Enforcement of Assessment Lien.
(a) After the expiration of thirty (30) days following
recording of the lien created pursuant to Section 4.13 above, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to California Civil Code Section 2934(a).
(b) Notwithstanding the foregoing, the Association may
not use judicial or nonjudicial foreclosure to enforce such lien if the amount of the delinquent assessment, excluding accelerated assessments, late charges, fees, attorneys' fees, interest and cost of collection, is less than one thousand eight hundred ($1,800.00) dollars, or such other amount as prescribed by the California Civil Code Section 5720. For delinquent assessments in excess of one thousand eight hundred ($1,800.00) dollars or more than twelve (12) months delinquent, the Association may use judicial or nonjudicial foreclosure, subject to California Civil Code Section 5720. (c) The Association only shall approve initiation of
foreclosure proceedings by a majority vote of the Association in executive session, such vote shall take place at lease thirty (30) days prior to any public sale. Such vote shall be recorded in the minutes of the next open Association meeting. The Association shall provide written notice of intention to foreclose to the Condominium Owner in occupancy, or his legal representative, by personal service. If the Owner does not occupy the Condominium, such notice shall be provided by first-class mail, postage prepaid, at the current address shown on the Association's books, or in the absence of Owner's written notification to the Association, the Condominium address may be treated as the Owner's mailing address. (d) A nonjudicial foreclosure by the Association for
delinquent assessments shall be subject to the right of redemption.

The redemption period within which the Condominium can be redeemed ends ninety (90) days after the foreclosure sale.
(e) Any sale by a trustee shall be conducted in
accordance with the provisions of California Civil Code Sections 2924, 2924(b), 2924(c), 2924(f), 2924(g) and 2924(h), applicable to the exercise of powers of sale in mortgages and deeds of trust.

Trustees fees may not exceed the amounts prescribed in California Civil Code Sections 2924(c) and 2924(d).
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Section 4.16 Waiver of Exemptions. Each Owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article IV, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment becomes delinquent or any lien is imposed.

Section 4.17 Unallocated Taxes. In the event that any taxes are assessed against the Common Area, including, but not limited to, Lot A on the Map, or the personal property of the Association, rather than against the Condominiums, such taxes shall be included in the Assessments made under the provisions of Section 4.1, and, if necessary, a Special Assessment may be levied against the Condominiums in an amount equal to such taxes, to be paid in two (2) installments, not less than thirty (30) days prior to the due date of each installment.

Section 4.18 Estoppel Certificate. The Association, on not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not, to the knowledge of the Association, a particular Owner is in default as to the Owner's Condominium under the provisions of this Declaration and further stating the dates to which installments of Assessments, Regular or Special, have been paid as to such Owner's Condominium. Any certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of such Condominium, but reliance on such certificate may not extend to any default not involving the payment of Assessments of which the signer had not actual knowledge.

ARTICLE V

DUTIES AND POWERS OF THE ASSOCIATION
Section 5.1 Duties. In addition to the duties enumerated in its bylaws, or elsewhere provided in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties:
(a) Maintenance; Initial Declarant Maintenance. The
Association shall maintain, repair, replace, restore, operate and manage all of the Common Area and the “Bike Parking Easement,” as depicted on the Map, and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association. Maintenance shall include, without limitation, painting, maintaining, repairing and replacing all Common Areas and landscaping; and periodic maintenance and testing of all built-in fire detection and protection devices and equipment, if any. The Association shall bear the costs for any -21-
portion of the Common Area damaged by the presence of
wood-destroying pests or organisms.

The responsibility of the Association for maintenance, repair and replacement shall not extend to repairs or replacements arising out of or caused by the willful or negligent act of an Owner or his guests, tenants or invitees, the cost of which is not covered by insurance. Repairs or replacements resulting from such excluded items shall be the responsibility of each Owner; provided, however, that if an Owner shall fail to make the repairs or replacements which are his responsibility as provided herein, then, upon a vote of a majority of the Association, and after not less than thirty (30) days notice to the Owner, and hearing (except in an emergency situation), the Association shall have the right (but not the obligation) to make such repairs or replacements, and the cost thereof shall be added to the Assessments chargeable to such Condominium and shall be payable to the Association by the Owner of such Condominium.

The Association shall perform all reasonable maintenance obligations and follow all reasonable maintenance schedules provided to the Association by Declarant.
(b) Insurance. The Association shall obtain and
maintain the following policy or policies of insurance:
i. A policy or policies of fire and casualty
insurance (Special Form), for the full replacement value, covering:

A. Common Area: All Common Area improvements;
all fixtures, machinery and equipment located in the Common Area; fences; monuments; lighting fixtures; exterior signs; recreational facilities, if any; and personal property owned by the Association (but excluding land, foundations, excavations and other items typically excluded from property insurance coverage);
B. Landscaping: Lawn, trees, shrubs and
plants located in the Common Area.

The policy or policies shall be primary and noncontributing with any other insurance policy or policies covering the same loss.

Each policy shall provide that it shall not be canceled without at least thirty (30) days prior written notice to the Association and to each of the Owners and their mortgagees of record. The Association shall review the limits of such insurance at least every year and shall increase or adjust the same, if necessary, to provide the coverage and protection required by this Declaration. Such policy or policies shall provide for a separate loss payable endorsement in favor of the mortgagee or mortgagees of each Condominium, if any.
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ii. A policy or policies of commercial liability
insurance, including, but not limited to, commercial liability insurance, including coverage for bodily injury, emotional distress, wrongful death, and/or property damage. Such insurance shall insure the Association, the Declarant, the officers, the Owners and any appointed manager, against any liability to the public or to any Owner incident to the ownership and/or use of the Project or incident to the use of, or resulting from, any accident or intentional act occurring in or about any Unit or the Common Area. The commercial liability insurance required by this Section shall each be in an amount of not less than two million dollars ($2,000,000) per occurrence, or such other minimum amount as may be required by California Civil Code Section 5805. The Association shall review the limits and coverage of such insurance at least every year and shall increase or adjust the same, if necessary, to provide the coverage and protection required by this Declaration. iii. Worker's Compensation Insurance to the extent
necessary to comply with all applicable laws of the State of California or the regulations of any governmental body or authority having jurisdiction over the Project.
iv. Fidelity insurance, in a commercial blanket
fidelity insurance form, naming such persons as may be designated by the Association as principals, and the Owners as obligees, in an amount to be determined by the Association in its absolute discretion.
v. Flood insurance if the Project is located in an
area designated by an appropriate governmental agency as a special flood hazard area.
vi. Earthquake insurance only if a majority of the
Members vote to purchase such insurance. If the Members elect to purchase such earthquake insurance, the insurance may be subsequently cancelled on a vote of the majority of the Members.

If cancelled, the Association shall make reasonable efforts to notify the Members of the cancellation.
vii. Officers errors and omissions insurance, in a
commercial blanket errors and omissions insurance form, naming the officers as principals, and the Owners as obligees, in an amount to be determined by the Association in its absolute discretion, subject to the requirements set forth in California Civil Code section 5800.

Nothing in this subsection (b) [except as provided in
subsection (b)(vi)] shall restrict or prohibit the Association from maintaining such additional policies of insurance or endorsements as it, in its absolute discretion, shall deem reasonable and necessary. Any insurance acquired by the Association may be taken -23-
in the name of the Association as trustee, for the use and benefit of the Association and all Owners.

The Association periodically (and not less than once each year) shall review the Association's insurance policies and make such adjustments to the policies terms and conditions as the Association considers to be in the best interests of the Association. The review shall include an appraisal by a qualified appraiser of the current replacement costs of all covered property under the Association's fire and casualty policy unless the Association is satisfied that the current dollar limit of such policy, coupled with the amount of actual reserves on hand, is equal to or greater than the current replacement costs.

The amount, term, and coverage of any policy required
hereunder (including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard mortgage clauses, and notices of changes or cancellations) shall satisfy the minimum requirements imposed for this type of project by the Federal National Mortgage Association ("FNMA") or any successor thereto. If FNMA does not impose requirements on any policy required hereunder, the term, amount, and coverage of such policy shall be no less than that which is customarily carried by prudent owners of similar property in Marin County.

Each Owner appoints the Association or any insurance trustee (as defined in Section 8.9(b)(ii) below) designated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including, without limitation, representing the Owners in any proceeding, negotiation, settlement or agreement.

Any insurance maintained by the Association shall contain "waiver of subrogation" as to the Association and its officers, directors, and Members, the Owners and occupants of the Condominiums (including Declarant) and mortgagees, and, if obtainable, cross liability endorsements or severability of interest endorsements insuring each insured against the liability of each other insured.

Except in the case of earthquake insurance and subject to any restrictions imposed by any Mortgagees, the Association shall have the power and right to deviate from the insurance requirements contained in this Section 5.1(b) in any manner that the Association, in its discretion, considers to be in the best interests of the Association. If the Association elects to materially reduce the coverage from the coverage required in this Section 5.1(b), the Association shall make all reasonable efforts to notify the Members of the reduction in coverage and the reasons therefor at least thirty (30) days before the effective date of the reduction.
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The Association and its directors and officers shall have no liability to any Owner or Mortgagee if, after a good faith effort, (1) the Association is unable to obtain any insurance required hereunder because the insurance is no longer available; (2) if available, the insurance (except for earthquake insurance) can be obtained only at a cost that the Association, in its sole discretion, determines is unreasonable under the circumstances; or (3) the Members fail to approve any assessment increase needed to fund the insurance premiums.
(c) Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Member or Members responsible for the existence of such lien; provided that such Member(s) is given notice and the opportunity to be heard before the Association before discharge of the lien.
(d) Assessments. The Association shall fix, levy,
collect and enforce Assessments, as provided in Article IV hereof. (e) Payment of Expenses. The Association shall pay all
expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association.
(f) Enforcement. The Association shall enforce this
Declaration.
(g) Account Review. The Association shall review its
operating and reserve accounts, their reconciliations and account statements, as set forth in the Bylaws. For purposes herein, "reserve accounts" shall mean monies that the Association has identified from its annual budget to defray the future repair or replacement of, or additions to, those major components of the Common Area and facilities which the Association is obligated to maintain.
(h) Notice of Civil Action. The Association shall
notify the Members of filing of any civil action by the Association against the Declarant or other developer for alleged damage, as specified in Section 9.7 of the Bylaws.
(i) Condominium Documents and Statement of Unpaid
Assessments. Within ten (10) days of receipt of a written request from a Member, the Association shall provide copies of the Condominium Documents, copies of the documents required by Article IX of the Bylaws and a statement of any unpaid Regular or Special Assessments, late charges, interest and collection costs which are or may become a lien against such Owner's Unit, for delivery to a prospective purchaser of the Unit, pursuant to Civil Code Section -25-
4530. The Association may charge a reasonable fee for such service, which shall not exceed the reasonable cost to prepare and reproduce the requested items.
(j) Notice of Assessments and Foreclosure. The
Association shall distribute to the Members the written Notice of Assessments and Foreclosure required by California Civil Code Section 5730, during the sixty (60) day period immediately preceding the Association's fiscal year.
(k) Informational Notice to Secretary of State. The
Association shall submit to the California Secretary of State, at such time as required thereby, a form containing all the information and the fee prescribed by California Civil Code section 5405, as may be amended.
(l) Assessment and Reserve Funding Disclosure Summary.

The Association shall distribute to the Members at the time of distribution of the annual pro forma operating budget the Assessment and Reserve Funding Disclosure Summary as prescribed by California Civil Code Section 5570, as amended.
(m) Repair and Maintenance Requirements. The Association shall comply with all applicable provisions of Title 7 of Division 2, Part 2 of the California Civil Code, but shall only enforce such statute with respect to repair of Common Areas. The Association shall follow all reasonable maintenance obligations and schedules communicated in writing to the Association by the builder and product manufacturers, as well as commonly accepted maintenance practices. The Association shall make any such maintenance manuals and/or schedules available to the Owners.

Section 5.2 Powers. In addition to the powers enumerated in its Bylaws, or elsewhere provided herein, and without limiting the generality thereof, the Association shall have the following powers:
(a) Utility Service. The Association shall have the
authority to obtain, for the benefit of all of the Condominiums, all water, gas and electric service, and refuse collection; janitorial or window cleaning service; and fireplace cleaning and chimney cleaning service.
(b) Easements. The Association shall have the authority to grant easements, where necessary, for utilities and sewer facilities over the Common Area to serve the Common Areas and the Condominiums.
(c) Manager. The Association shall have the authority
to employ a manager or managing agent and to contract with independent contractors to perform all or any part of the day to -26-
day management duties and responsibilities of the Association, each of whom shall be subject to the direction and control of the Association, provided that any contract with a firm or person appointed as manager or managing agent shall not exceed a one (1) year term and shall provide for the right to terminate by either party without cause and without payment of a termination fee on thirty (30) days written notice. Any delegation of authority to a manager or managing agent shall be subject to Section 5.1.0.0.1(k) hereof.

Notwithstanding the above, no manager or officer may be delegated the power or authority to levy fines, hold hearings or impose discipline, make capital expenditures, file suit, record a claim of lien, or foreclose for failure to pay Assessments.

A professional management company shall manage the Project for the one (1) year period beginning with the date of the close of escrow of the first Condominium in the Project.
(d) Adoption of Rules. The Association may adopt
reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and the Exclusive Use Common Area and the conduct and use thereof and the conduct of Owners and their tenants and guests with respect to the Property and other Owners.

All rule making shall be in compliance with the provisions of California Civil Code Sections 4340 through 4370, as amended. (e) Access. For the purpose of performing the
maintenance authorized herein, or for any other purpose reasonably related to the performance by the Association of their respective responsibilities, the Association's agents or employees shall have the right, after reasonable notice to the Owner thereof, to enter any Unit or to enter any portion of the Common Area at reasonable hours. Except in the case of any emergency, forty-eight (48) hours advance notice shall be given to the Owner or occupant prior to any entry of a Unit.
(f) Assessments, Liens and Fines. The Association shall have the power to levy and collect Assessments, in accordance with the provisions of Article IV hereof. The Association may impose fines or take disciplinary action against any Owner for failure to pay Assessments or for violation of any provision of the Condominium Documents. Penalties may include but are not limited to: fines, temporary suspension of voting rights or other appropriate discipline, provided that the accused Member is given at least fifteen (15) days notice and the opportunity to be heard orally or in writing before the Association with respect to the alleged violations at least five (5) days before a decision to impose discipline is made. All notices required under this Section shall be made pursuant to Section 9.12 of this Declaration. -27-
(g) Enforcement. The Association shall have the
authority to enforce this Declaration, as provided in Section 8.1 hereof.
(h) Acquisition of Property. The Association shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the Association.
(i) Loans. The Association shall have the power to
borrow money, and only with the consent (by vote or written consent) of three-fourths (3/4) of the Members, to mortgage, to pledge, to encumber or to hypothecate any or all of its real or personal property as security for monies borrowed or debts incurred.
(j) Contract. The Association shall have the power to
contract for goods and/or services for the Common Area facilities and interests or for the Association, subject to any limitations set forth in the Condominium Documents.
(k) Delegation. The Association shall have the power to delegate its authority and powers to committees, officers or employees of the Association. The Association may not, however, delegate the following powers:
i. To levy fines, hold hearings, or impose
discipline;
ii. To make capital expenditures;
iii. To file suit, to cause a claim of lien to be
recorded, or to foreclose for failure to pay Assessments; or iv. To levy Regular Assessments or Special
Assessments.
(l) Temporary Removal of Occupants. The Association may cause the temporary removal of any occupant for such periods and at such times as necessary for prompt, effective treatment of wood-destroying pests or organisms. The cost of the temporary relocation is to be borne by the Owner of the Unit affected. Not less than fifteen (15) days nor more than thirty (30) days notice of the need to temporarily vacate shall be given to occupants and to the Owner of the Unit affected. The notice shall state:
i. The reason for the temporary relocation;
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ii. The date and time of the beginning of the
treatment;
iii. The anticipated date and time of termination of
treatment; and
iv. That the occupants will be responsible for
their own accommodations during the temporary relocation.

Notice is deemed complete if a copy is personally delivered or mailed first class to the occupants and a copy is sent to the non-occupying Owners via first class mail.
(m) Appointment of Trustee. The Association shall have
the power to appoint a trustee to enforce Assessment liens as provided in Section 4.13 hereof.
(n) Litigation, Arbitration, Mediation or Administrative Proceedings. The Association shall have the authority to institute, defend, settle or intervene in litigation, arbitration, mediation, or administrative proceedings in matters pertaining to (1) enforcement of the Condominium Documents, (2) damage to the Common Areas, (3) damage to the separate interests which the Association is obligated to maintain or repair, or (4) damage to the separate interests which arises out of, or is integrally related to, damage to the Common Areas or separate interests that the Association is obligated to maintain or repair, subject to compliance with California Code Section 6150.
(o) Other Powers. In addition to the powers enumerated
in this Declaration and in the Bylaws, the Association may exercise the powers granted to a nonprofit mutual benefit corporation, as such exist from time to time, under the California Corporations Code.

ARTICLE VI

UTILITIES
Section 6.1 Owners' Rights and Duties. The rights and duties of the Owners of Condominiums within the Project with respect to electric, telephone, water, gas and sanitary sewer lines, facilities and connections; cable or master television antenna lines, facilities and connections; and security system lines, facilities and connections (collectively referred to as "utility facilities") shall be as follows:
(a) Whenever utility facilities are installed within the Property, which utility facilities, or any portion thereof, lie within or upon Condominiums owned by other than the Owner of a Condominium served thereby, the Association or its authorized representative shall have the right to enter (or to have the -29-
utility company enter) upon the Condominiums within or upon which such utility facilities, or any portion thereof, lie, in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common.
(b) Whenever utility facilities are installed within the Property, which utility facilities serve more than one Condominium, the Owner of each Condominium served thereby shall be entitled to the full use and enjoyment of the portions of such utility facilities as service his Condominium.
(c) In the event of a dispute between Owners with
respect to the maintenance, repair or rebuilding of such utility facilities, or with respect to the sharing of the cost thereof, then, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Association who shall decide the dispute, and the decision of the Association shall be final and conclusive on the parties.

Section 6.2 Easements for Utilities and Maintenance.

Easements over and under the Property for the installation, repair and maintenance of utility facilities, drainage facilities, walkways, and landscaping, as shown on the Map, and as may be hereafter required or needed to service the Property are hereby reserved by Declarant and the successors and assigns of Declarant, including the Association, together with the right to grant and transfer the same.

Section 6.3 Association's Duties. The Association shall maintain all utility installations located in the Common Area, including wiring in the Common Area to the Lot line, except those installations maintained by utility companies, public, private or municipal. The Association shall maintain and pay for those utility services which service the Common Area, specifically electrical service for Common Area lighting and irrigation and sprinkler and water service for irrigation. It is not the responsibility of the Association to pay for utilities which are separately metered to the Units.

ARTICLE VII

UNIT USE RESTRICTIONS
Section 7.1 Unit Use.
(a) Unit Use. No Unit shall be occupied and used except for residential purposes by the Owners, their tenants, and guests, except that an Owner may maintain an office to conduct a trade or business provided such office complies with the requirements of -30-
local laws and regulations governing the maintenance of offices in residential dwelling units.
(b) Model Homes. Declarant, and the successors or
assigns of Declarant, may use any Condominium or Condominiums in the Project owned by Declarant for a model home site or sites and display and sales office until the last Condominium is sold by Declarant.

Section 7.2 Nuisances. No illegal or seriously offensive activity shall be transacted or conducted in any Unit or in any part of the Property, nor shall anything be done thereon which is a serious annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the Owners of his respective Unit, or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building in the Project.

Section 7.3 Signs. No commercial sign shall be displayed to the public view on any Residential Unit or any portion of the Property, except as set forth in this Section 7.3 hereof. In accordance with California Civil Code Section 712, one (1) "For Sale" or "For Rent" sign for each Condominium shall be allowed, provided that it is reasonable in size and posted at appropriate locations on the Property. The Association may adopt rules and regulations concerning the size and location of "For Sale" or "For Rent" signs. Noncommercial signs or posters that are nine (9) square feet, or less, and flags or banners that are fifteen square feet, or less, made of paper, cardboard, cloth, plastic or fabric may be posted or displayed from the yard, window, door, balcony or outside wall of a Unit, unless prohibited by the Association for reasons of public health or safety or if such posting or display would violate any law.

Section 7.4 Pets. An Owner shall be allowed to keep no more than a total of two (2) pets, such as domesticated birds, cats, dogs, or other pet as agreed upon between the Association and the Owner; provided that no animal is kept, bred or maintained for any commercial purposes, and is kept under reasonable control at all times. The restrictions contained herein regarding number and type of any such pet may only be changed with the express approval of the Association.

In no event shall any Owner authorize, bring or keep within the Project any pit bull, rottweiler, Doberman pinscher, mastiff, presa canaria, or any other breed known as a "fighting breed" or any dog being a mix thereof.

No pet may be kept on the Property which is a serious
annoyance or is obnoxious to the Owners. No pet shall be allowed -31-
in the Common Area unless it is both leased and under control.

Declarant or any Owner may cause any unauthorized pet found in the Common Area to be removed to a pound or animal shelter under the jurisdiction of the County of Marin, by calling the appropriate authorities, whereupon the Owner (upon payment of all expenses connected therewith) may repossess the pet. No dog whose barking seriously disturbs other Owners shall be permitted to remain on the Property. Any decision regarding the conduct of a pet shall be made only after notice to the Owner and the opportunity to be heard before the Association. Owners shall prevent their pet from soiling any portion of the Common Area and shall promptly clean up any fouling by their pet.

Nothing in this Section 7.4 regarding pets shall be construed to abridge the rights of individuals under Federal or State disability law, i.e. the Americans with Disability Act or the California Disabled Persons Act, etc.

Section 7.5 Garbage and Refuse Disposal. All rubbish, trash and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. All equipment, garbage cans, wood piles or storage piles shall be kept screened and sealed from view of other Units, streets and Common Areas.

Section 7.6 Radio and Television Antennas; Data
Communication. No Owner shall alter or modify a central radio antenna, television antenna system, cable television system, data communication system or satellite dish, if any, as developed by Declarant and as maintained by the Association, without the permission of the Association. All Units have been pre-wired for satellite reception. This area is the only location on the Property where satellite dishes may be installed and this arrangement is designed to meet the standard of 'reasonable restrictions' as set forth in California Civil Code Section 4725.

Section 7.7 Right to Lease. Owners shall be entitled to rent or lease their Residential Unit provided that:
(a) Entire Unit. Not less than the entire Unit is
rented or leased. Nothing contained in this Section 7.7, 7.8(a) shall be deemed to prohibit roommates.
(b) Compliance with Condominium Documents. Any
residential lease or occupancy agreement for a Unit shall be in writing and shall specifically provide that it is subject to the Condominium Documents, and that violation or infraction of the Condominium Documents shall constitute a default thereunder. The -32-
Owner shall remain liable for any violation or infraction of the Condominium Documents by the tenant.

Section 7.8 Window Covering. Window coverings on windows which are visible from Lot A shall be restricted to drapes, curtains, shutters or blinds which are white or off-white in color, unless expressly approved by the Association.

Section 7.9 Architectural Control. No building, fence, wall obstruction, balcony, deck, screen, patio, patio cover, tent, awning, improvement or structure of any kind shall be commenced, erected, painted or maintained upon the Property, nor shall any alteration, or improvement of any kind be made thereto, until the same has been approved or disapproved in writing by the Association, within thirty (30) days of application to the Association. Such decision shall not be unreasonable, arbitrary or capricious and shall not violate any governing provision of law.

If such written decision disapproves the proposed change or changes, it shall include both an explanation of the reason for disapproval and a description of the reconsideration procedures of the Association. Reconsideration of any such disapproval shall occur at an open meeting of the Association conducted in accordance with Section 6.5 of the Bylaws, and the Association's written decision thereon shall be issued within thirty (30) days thereafter.

Plans and specifications showing the nature, kind, shape, color, size, materials and location of such improvements, alterations, etc., shall be submitted to the Association for approval as to quality of workmanship and design and harmony of external design with existing structures and as to location in relation to surrounding structures. In the event the Association fails to approve or disapprove plans and specifications within thirty (30) days after the same have been submitted to it, approval shall not be required and the related covenant shall be deemed to have been satisfied.

Notwithstanding the foregoing, an Owner may improve or alter any improvements located within the interior boundaries of the Owner's Lot, provided the improvement or alteration does not alter the portion of the building on the Lot visible from Lot A or C Street, impair the structural or acoustical integrity of any building in the Project or any Common Area, the utilities, or other systems servicing the Common Area or other Condominiums, and does not involve altering any Common Area.

The Association shall annually provide the Members with a notice of requirements for Association approval of physical changes to the Property. Such notice shall describe the types of changes requiring Association approval and the procedures used to review and approve or disapprove a proposed change.
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Section 7.10 Liability of Owners for Damage to Common Area.

The Owner of each Condominium shall be liable to the Association for all damages to the Common Area, or improvements thereon, caused by such Owner or Owner's agent, any occupant, invitee, guest or pet, except for that portion, if any, covered by insurance.

Liability of an Owner shall be established only after notice to the Owner and hearing before the Association. Any deductible required under the insurance policy for such loss shall be the
responsibility of and be paid by such Owner.

Section 7.11 Hazardous Materials. Owners shall not use or keep in a Unit or the Common Area any kerosene, gasoline or inflammable or combustible fluid or material or other hazardous materials, other than those required, in limited quantities, for normal cleaning or landscaping work.

ARTICLE VIII

GENERAL PROVISIONS
Section 8.1 Enforcement; Mandatory Alternative Dispute
Resolution; Mandatory Arbitration; Optional Dispute Resolution; Judicial Reference; Civil Code Section 896 Compliance.
(a) Right to Enforce. The Association, or any Owner
shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, or decisions made by the Association pursuant to the provisions of this Declaration, and in such action shall be entitled to recover reasonable attorneys' fees as are ordered by the Court. Failure by the Association or by any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the rights to so do thereafter.

(b) Mandatory Alternative Dispute Resolution. Prior to
the filing by either the Association or an Owner of a civil action related to the enforcement of the Condominium Documents (i) solely for declaratory relief, or (ii) solely for injunctive relief, or (iii) for declaratory relief or injunctive relief in conjunction with a claim for monetary damages not in excess of the
jurisdictional limits set forth in California Code of Civil Procedure, Sections 116.220 and 116.221, the parties shall endeavor to submit their dispute to a form of alternative dispute resolution such as mediation or arbitration (collectively, "alternative dispute resolution proceedings"), as required by Sections 5925 through 5965 of the California Civil Code. As provided therein:
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i. The form of alternative dispute resolution
chosen may be binding or nonbinding at the option of the parties. ii. Any party to such a dispute may initiate the
process by serving on another party to the dispute a Request for Resolution. The Request for Resolution shall include (1) a brief description of the dispute, (2) a request for alternative dispute resolution, and (3) a notice that the party receiving the Request for Resolution is required to respond within thirty (30) days of receipt or it will be deemed rejected. Service of the Request for Resolution shall be as required by California Civil Code Section 5935.
iii. Parties receiving a Request for Resolution
shall have thirty (30) days following service of the Request for Resolution to accept or reject alternative dispute resolution and, if the Request is not accepted within said thirty (30) day period by a party, it shall be deemed rejected by that party.
iv. If alternative dispute resolution is accepted
by a party, it shall be completed within ninety (90) days of receipt of the acceptance by the party initiating the Request, unless extended by written stipulation signed by both parties. v. The costs of the alternative dispute resolution
shall be borne by the parties.

Any such action filed by the Association or an Owner shall be subject to the provisions of Civil Code Sections 5925 through 5965, and failure by any Owner or the Association to comply with the prefiling requirements therein may result in the loss by the Association or any such Owner of the right to sue to enforce the Condominium Documents.

The Association shall annually provide the Owners a summary of the provisions of this procedure, including the statement contained in Civil Code Section 5965. The summary shall be provided either at the time the pro forma budget is distributed, or in the manner prescribed in Section 5016 of the California Corporations Code.

The summary shall include a description of the Association's internal dispute resolution process required under Civil Code Section 5920.
(c) Mandatory Arbitration of Claims Against Declarant.

Notwithstanding California Code of Civil Procedure Section 1298.7, any controversy or claim between or among Declarant, as the builder of the Project, on the one hand, and either the Association or any Owner, on the other hand, relating to the design or construction of Project, shall be submitted to binding arbitration before the American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Service/Endispute ("JAMS"), as provided in this -35-
subsection (c). The entity selected by the parties is hereinafter referred to as the "Arbitrating Entity", and if the parties are unable to agree on the Arbitrating Entity, the dispute shall be arbitrated before AAA.
i. The parties shall comply with the requirements
of California Civil Code Division 2, Part 2, Title 7, Chapter 4, (Sections 910 through 938, inclusive), which are hereinafter referred to as the "Non-Adversarial Procedures", prior to initiating arbitration proceedings under this subsection (c) or reference proceedings under subsection (e) below.
ii. The arbitration shall be conducted in
accordance with the commercial arbitration rules of AAA or the Streamlined or Comprehensive Rules and Regulations of JAMS, as the case may be, modified, in the case of AAA by a written agreement to vary procedures and in the case of JAMS by party-agreed procedures, as follows:

A. Declarant shall advance the fees necessary
to initiate the arbitration, with ongoing costs and fees to be paid as agreed by the parties and, if they cannot agree, as determined by the arbitrator; provided, however, that the costs and fees of the arbitration shall be ultimately borne as determined by the arbitrator.

B. There shall be only one arbitrator who
shall be selected by mutual agreement of the parties within thirty (30) days of the administrator of the Arbitrating Entity receiving a written request from a party to arbitrate the controversy or claim. The arbitrator shall be a neutral and impartial individual, and the provisions of California Code of Civil Procedure Section 1297.121 shall apply to the selection of the arbitrator. An arbitrator may be challenged on any of the grounds listed in California Code of Civil Procedure Sections 1297.121 or 1297.124.

If the parties are unable to agree on an arbitrator, the Arbitrating Entity shall select the arbitrator.

C. The venue of the arbitration shall be the
county in which the Project is located unless the parties agree to some other location.

D. The arbitrator shall apply California
substantive law in rendering a final decision. The arbitrator shall have the power to grant all legal and equitable remedies and award compensatory damages, but shall not have the power to award punitive damages.

E. Discovery shall be allowed pursuant to
California Code of Civil Procedure Section 1283.05, and arbitration of any matter pursuant to this Section shall not be deemed a waiver -36-
of the attorney-client or attorney-work product privilege in any way.
iii. The parties agree to be bound by the decision
of the arbitrator, which shall be final and non-appealable, except as may be required by applicable law, i.e. Code of Civil Procedure Sections 473 or 1286(a). Judgment upon the decision rendered by the arbitrator may be entered in any court having proper jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement. If a party refuses to arbitrate, the other party may seek a court order compelling arbitration.
iv. Any action by the Association pursuant to this
subsection (c) shall require the prior approval of at least seventy-five (75) percent of the Owners, with each Condominium allocated one (1) vote.
(d) Optional Alternative Dispute Resolution. In
addition to the requirements of Sections 9.1(b) and (c) above, the Association may perform any act reasonably necessary to resolve any civil claim or action through alternative dispute resolution proceedings, including, without limitation, the following:
i. Provide advance notice of the Association's
intent to initiate the prosecution of any civil action. ii. After initiating the prosecution or defense of
any civil action, meet and confer with every person who is a party. iii. Consider diversion of the prosecution or
defense of any civil action to alternative dispute resolution proceedings.
iv. Agree to both participate in alternative
dispute resolution proceedings and pay costs therefor incurred by the Association.
(e) Judicial Reference of Claims Against Declarant. In
the event that the mandatory arbitration provision of subsection (c) hereinabove is unenforceable for whatever reason, then, after the Association obtains the affirmative vote of seventy-five (75) percent of the Owners as provided in said subsection (c), and after compliance by the parties with the Non-Adversarial Procedures, any controversy or claim referenced therein shall be adjudicated by using voluntary judicial reference in accordance with the provisions of Code of Civil Procedure sections 638-645 or any successor statutes. The parties shall use a general referee acceptable to both parties, or, if the parties cannot agree, any party may petition the Superior Court of the County of Marin for appointment of a general referee by the presiding judge. The -37-
parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. Declarant shall not be required to participate in the judicial reference proceeding unless Declarant is satisfied that all necessary and appropriate parties will participate.

The judicial reference shall be a general reference. The general referee shall have the authority to try any or all of the issues in the proceeding whether of fact or of law, and to report a statement of decision thereon. Neither the referee nor any party shall have the right to impanel a jury. Each party retains the same appeal rights of the referee’s decision as if the decision were rendered by a trial court judge.
(f) Civil Code Section 896 Compliance. For any claim
for defective construction filed by the Association or any Owner under subsection (c) above (or subsection (e) where the provisions of subsection (c)are unenforceable), where the claim should seek to enforce compliance by the builder, developer or subdivider with the functionality standards of California Civil Code Section 896 (including any successor statute), the Association shall only have the authority to enforce such compliance with respect to the Common Areas only. The Association or any Owner hereby waives any and all implied warranties with respect to all functions and/or components which are specified in California Civil Code Section 896 (including any successor statute).

Section 8.2 Invalidity of any Provision. Should any
provision or portion of any Condominium Document be declared invalid or in conflict with any law of the jurisdiction in which this Project is situated, the validity of all the remaining provisions and portions thereof shall remain unaffected and in full force and effect.

Section 8.3 Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date that this Declaration is recorded, after which time, these covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by seventy-five percent (75%) of the then Owners of the Condominiums (and approved by first mortgagees in accordance with Section 9.6) has been recorded within the year preceding the year of each successive period of ten (10) years, agreeing to change such covenants and restrictions, in whole or in part, or to terminate them.
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Section 8.4 Amendments. This Declaration may be amended only by the affirmative vote of seventy-five percent (75%) of the Owners, with each Unit having one (1) vote. All such amendments must be recorded and shall become effective upon being recorded in the Recorder's Office of the County of Marin.

Section 8.5 Encroachment Easements. Each Condominium within the Property is hereby declared to have an easement over all adjoining Condominiums and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settling or shifting of any building in the Project, or any other cause. There shall be valid easements for the maintenance of such encroachments as long as they shall exist, and the rights and obligations of the Owners shall not be altered in any way by such encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if such encroachment occurred due to willful misconduct of such Owner or Owners. In the event that a structure is partially or totally destroyed, and subsequently repaired or rebuilt, the Owners of each Condominium agree that minor encroachments over adjoining Condominiums or Common Area shall be permitted and that there shall be valid easements for the maintenance of such encroachments, so long as they shall exist.

Section 8.6 Mortgage Protection Provision.
(a) Mortgage Permitted. Any Owner may encumber his
Condominium with a mortgage. The Exclusive Use Common Areas, if any, are a part of the Project and are covered by the mortgage at least to the same extent as are the Common Areas. All such areas are fully installed, completed, and in operation for use by the Owners.
(b) Subordination. Any lien created or claimed under
the provisions of this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers any Condominium, made in good faith and for value, and no such lien shall in any way defeat, invalidate or impair the obligation or priority of such mortgage, unless the mortgagee expressly subordinates his interest in writing to such lien. The transfer of ownership of a Unit and its appurtenant percentage interest in the Common Area, as the result of the exercise of a power of sale or a judicial foreclosure involving a default under the first mortgage, shall extinguish the lien of Assessments which were due and payable prior to the transfer of the ownership interest. No transfer of an ownership interest, as the result of a foreclosure or exercise of a power of sale, shall relieve the new Owner, whether it be the former mortgagee or beneficiary of the first mortgage or another person, from liability for any Assessments thereafter becoming due or from the lien thereof. All taxes, assessments and charges which -39-
may become liens prior to the first mortgage under local law shall relate only to the individual Condominiums and not to the Project as a whole.
(c) Amendment. No amendment to the Condominium
Documents shall affect the rights of any mortgagee under any mortgage made in good faith and for value and recorded before the recordation of any such amendment, unless a mortgagee either joins in the execution of the amendment or approves it in writing as a part of such amendment.
(d) Restrictions on Certain Changes.
i. Unless sixty-seven percent (67%) of all first
mortgagees of Condominiums (based on one vote for each first Mortgage owned) and sixty-seven percent (67%) of Owners (other than Declarant or sponsors, developers, or builders) have given their prior written approval (unless a higher percentage is required by a specific provision of this Declaration), neither the Association nor the Owners shall be entitled:

A. By act or omission to seek to abandon or
terminate the Project, except for abandonment provided by statute in case of substantial loss to the Units and the Common Area.

B. To change the pro rata interest or
obligations of any Condominium for purposes of levying Assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the pro rata share of ownership of each Condominium in the Common Area.

C. To partition or subdivide any Condominium.

D. By act or omission to seek to abandon,
partition, subdivide, encumber, sell or transfer the Common Area.

The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Association or the Owners shall not be deemed a transfer within the meaning of this subparagraph.

E. To use hazard insurance proceeds for
losses to Units or Common Area for other than the repair, replacement or reconstruction of improvements, except as provided by statute in case of substantial loss to the Units or Common Area of the Project.
ii. A. Unless a higher percentage is required by
a specific provision of this Declaration, the consent of sixtyseven percent (67%) of Owners and the approval of Eligible Mortgagees holding mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to -40-
mortgages held by Eligible Mortgagees shall be required to add or amend any material provisions of the Condominium Documents which establish, provide for, govern, or regulate any of the following:
(1) voting; (2) increases in Assessments that raise the previously assessed amount by more than twenty-five percent (25%), Assessment liens or the priority of such liens; (3) reductions in reserves for maintenance, repair and replacement of the Common Area; (4) insurance requirements; (5) reallocation of the interests in the Common Area or the Exclusive Use Common Areas or rights to their use; (6) responsibility for maintenance and repair; (7) expansion or contraction of the Project or the addition, annexation, or withdrawal of property to or from the Project; (8) the redefinition of boundaries of any Condominium; (9) restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified herein; (10) convertibility of Units into Common Area or of Common Area into Units; (11) imposition of any restriction on the leasing of Condominiums; (12) imposition of any right of first refusal or similar restriction on the right of a Condominium Owner to sell, transfer, or otherwise convey his Condominium; and (13) any provisions which are for the express benefit of Eligible Mortgagees or Eligible Insurers or Guarantors).

B. An addition or amendment to such document
shall not be considered material if it is for the purpose of correcting technical errors, or for clarification only. Any Eligible Mortgagee (1) who receives a written request to approve additions or amendments, delivered by certified or registered mail, with a "return receipt requested", and (2) who fails to submit a written response to the requesting party within sixty (60) days, shall be deemed to have approved such request.
iii. Unless the prior consent of sixty-seven percent
(67%) of Owners and approval of Eligible Mortgagees holding mortgages on Condominiums which have at least sixty-seven percent (67%) of the votes of Condominiums subject to mortgages held by Eligible Mortgagees has been obtained, neither the Association nor the Owners shall be entitled to terminate the legal status of the Project as a condominium project; except that the approval of only fifty-one percent (51%) of Eligible Mortgagees shall be required to terminate the legal status of the Project after substantial destruction or a substantial taking in condemnation.
(e) Right to Examine Books and Records. The Association shall make available to Owners and first mortgagees (and insurers or guarantors of any first mortgage), current copies of the Condominium Documents and the books, records, and financial statements of the Association. "Available" means available for inspection and copying, upon request, during normal business hours or under other reasonable circumstances. The Association may impose a fee for providing the foregoing which may not exceed the reasonable cost to prepare and reproduce the requested documents. -41-
Any first mortgagee shall be entitled, on written request, to have an audited financial statement for the immediately preceding fiscal year, prepared at its expense if one is not otherwise available.

Such statement shall be furnished within a reasonable time following such request.
(f) Distribution of Insurance and Condemnation Proceeds.

No Owner, or any other party, shall have priority over any right of first mortgagees of Condominiums pursuant to their mortgages in case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Units or Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the Project is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected mortgagees, naming the mortgagees, as their interests may appear.
(g) Notice to Mortgagees of Record. On receipt of
written request to the Association from any Eligible Mortgagee or Eligible Insurer or Guarantor, identifying both its name and address and the Unit number or address of the Unit on which it has the mortgage, the Association shall give written notice to each Eligible Mortgagee or Eligible Insurer or Guarantor of the following:
i. Any loss to any Unit covered by such mortgage,
if such loss exceeds one thousand dollars ($1,000), or any taking of such Unit;
ii. Any loss to the Common Area, if such loss
exceeds five thousand dollars ($5,000), or any taking of the Common Area;
iii. Any default by the Owner of any Unit covered by
such mortgage under any provision of this Declaration or any other provision of the Bylaws or rules and regulations adopted by the Association, which default is not cured within sixty (60) days after written notice to such Owner (such notice to include the fact that said sixty (60) day period has expired);
iv. Any lapse, cancellation, or material
modification of any insurance policy or fidelity insurance maintained by the Association; and
v. Any proposed action which would require the
consent of a specified percentage of Eligible Mortgagees as specified in Section 9.6(d)(ii).
(h) Effect of Breach. No breach of any provision of
this Declaration shall invalidate the lien of any mortgage made in -42-
good faith and for value, but all covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. (i) Foreclosure. If any Condominium is encumbered by a
first mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for Assessments, or installments of Assessments, shall not operate to affect or impair the lien of the first mortgage. On foreclosure of the first mortgage, the lien of Assessments, or installments, that have accrued up to the time of foreclosure shall be subordinate to the lien of the first mortgage, with the foreclosure-purchaser taking title to the Condominium free of the lien for Assessments, or installments, that have accrued up to the time of the foreclosure sale. On taking title to the Condominium, the foreclosure-purchaser shall only be obligated to pay Assessments or other charges levied or assessed by the Association after the foreclosure-purchaser acquired title to the Condominium. The subsequently levied Assessments or other charges may include previously unpaid Assessments, provided all Owners, including the foreclosure-purchaser, and his successors and assigns, are required to pay their proportionate share, as provided in this Section. (j) Appearance at Meetings. Because of its financial
interest in the Project, any mortgagee may appear at meetings of the Members and the Association to draw attention to violations of this Declaration that have not been corrected or made subject to remedial proceedings or Assessments.
(k) Right to Furnish Any Information. Any mortgagee may furnish information to the Association concerning the status of any mortgage.
(l) Inapplicability of Right of First Refusal to
Mortgagee. The Condominium Documents contain no right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner's Condominium. No such right of first refusal or similar right shall be granted to the Association in the future without the consent of any mortgagee of the Condominium. Any right of first refusal or similar right that may be granted to the Association (or other person or entity) shall not apply to any conveyance or transfer of title to such Condominium, whether voluntary or involuntary, to a mortgagee who acquires title to or ownership of the Condominium, pursuant to the remedies provided in its mortgage or by reason of foreclosure of the mortgage or deed (or assignment) in lieu of foreclosure. In addition, said right of first refusal or similar right shall not impair the rights of a mortgagee to sell or lease a Condominium acquired by the Mortgagee.
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Section 8.7 Owner's Right and Obligations to Maintain and Repair. Except for those portions of the Project that the Association is required to maintain and repair, each Owner shall, at his sole cost and expense, maintain and repair his/her Lot and the structure thereon, keeping the same in good condition. Each Owner is solely responsible for maintenance and upkeep of any and all yard areas on their respective Lot and the maintenance and repair of all utilities servicing their Lot starting at the Lot line and to and inside the structure on their Lot. Each Owner shall keep those portions of Exclusive Use Common Areas, if any, to which he has an exclusive easement or license, clean and neat.

In the event interior that an Owner fails to maintain and repair the Lot and yard in a manner which the Association deems necessary to preserve the appearance and value of the Property, the Association may notify the Owner of the work required and request that it be done within sixty (60) days from the giving of such notice. In the event the Owner fails to carry out such maintenance or repair within such sixty (60) day period, the Association may give notice and hold a hearing and cause such work to be done and may specially assess the cost thereof to such Owner and, if necessary, place a lien on his Condominium for the amount thereof.

Section 8.8 Owner’s Obligation to Maintain Insurance. The Owners shall obtain and maintain the following policy or policies of insurance as to their respective Lot:
i. A policy or policies of fire and casualty
insurance (Special Form), for the full replacement value, covering the building on their Lot and the improvements thereon; and ii. A policy or policies of commercial liability
insurance, including, but not limited to, commercial liability insurance, including coverage for bodily injury, emotional distress, wrongful death, and/or property damage. Such insurance shall insure the Association, the Declarant, the officers, the Owners and any appointed manager, against any liability to the public or to any Owner incident to the ownership and/or use of the Project or incident to the use of, or resulting from, any accident or intentional act occurring in or about their respective Lot. The commercial liability insurance required by this Section shall each be in an amount of not less than one million dollars ($1,000,000) per occurrence.

Section 8.9 Entry for Repairs. The Association or its
appointed agents may enter any Unit when necessary in connection with any maintenance, repair or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as is practicable, and any damage caused thereby shall be repaired by the Association at the expense of the Association. Except in the case of any emergency, -44-
forty-eight (48) hour advance notice shall be given to the Owner or occupant prior to any such entry.

Section 8.10 Damage or Destruction.
(a) If the Project improvements are damaged by fire or
other casualty, the improvements shall be rebuilt or repaired substantially the same as the improvements existed prior to the fire or other casualty, subject to local building codes and other applicable governmental regulations, unless either of the following occurs:
i. The cost of repair or reconstruction is more
than fifty percent (50%) of the current replacement of all the improvements located in the Project, the available insurance proceeds are not sufficient to pay eighty-five percent (85%) of the cost of such repairs or reconstruction, and seventy-five percent (75%) of the total voting power of the Association residing in Members and their first mortgagees vote against the repair and reconstruction; or
ii. Available insurance proceeds are not sufficient
to repair or reconstruct the improvements substantially to their condition prior to the casualty, a Special Assessment fails to receive the requisite vote, if required, pursuant to Article IV, Section 4.4 hereof, and the Association is unable to supplement the insurance by borrowing in the name of the Association sufficient funds to reconstruct the improvements within a reasonable time. (b) The following procedures shall be employed for
disposition of insurance proceeds and guidance in reconstruction:
i. Minor Casualty. If the cost to repair or
reconstruct does not exceed the sum of thirty thousand dollars ($30,000), the Association shall thereupon contract to repair and rebuild the damaged portions of all Units and the Common Area, in accordance with the conditions existing immediately prior to damage (modified at the discretion of the Association to comply with building codes and construction standards in effect at the time of the rebuilding) and the funds held in the insurance trust fund shall be used for that purpose. If the insurance proceeds are insufficient to pay all of the costs of repairing or rebuilding, the Owners of the Units affected shall pay for the portion of the insufficiency attributed to their Unit by the Association and the Association shall levy a Special Assessment on all Condominiums to make up any deficiency attributed to the Common Area. The Special Assessment shall be subject to the provisions of this Declaration governing membership approval of Special Assessments and shall be levied according to the Owner's Share, as set forth on the Condominium Plan.
-45-
ii. Major Casualty. If subparagraph (b)(i) is
inapplicable, then,
A. All insurance proceeds and funds borrowed
by the Association, if any, shall be paid to a bank, trust company or other entity designated by the Association ("the insurance trustee") to be held for the benefit of the Owners and their mortgagees, as their respective interests may appear. Said funds shall be disbursed according to standard construction loan procedures. The Association, on behalf of the Owners, hereby is authorized to enter into an insurance trust agreement, consistent with this Declaration, with such insurance trustee, relating to its powers, duties and compensation.

B. The Association shall obtain firm bids
from two (2) or more responsible contractors to rebuild the Project in accordance with the conditions existing immediately prior to damage and destruction (modified at the direction of the Association to comply with building codes and construction standards in effect at the time of the rebuilding). The Association may also obtain an estimate from the insurance carrier of the scope of work included within the amount of the insurance coverage. To be considered, any contractors' bid shall include the premium payable for performance, labor and material payment bonds from a reputable bonding company.

C. The Association shall, as soon as
reasonably possible after receipt of such contractors' bids or insurance estimate, call a special meeting of the Owners to consider such bids or insurance estimate. If the Association fails to do so within sixty (60) days after the casualty occurs, any Owner may obtain such contractors' bids or insurance estimate and call and conduct such meeting, as provided herein. Failure to call such a meeting, or to repair such casualty damage within twelve (12) months from the date such damage occurred, shall be deemed, for all purposes, a decision not to rebuild the damaged or destroyed improvements.

D. At such meeting, the Owners may elect to
reject all such bids or estimates and thus not to rebuild. A vote of at least seventy-five percent (75%) of the Association Members shall be required to reject all bids or estimates; provided, however, that a vote of at least fifty percent (50%) shall be sufficient to reject any bid or estimate requiring more than fifteen thousand dollars ($15,000) over and above insurance proceeds for such reconstruction, repair or rebuilding. Failure of the Owners to reject all bids and estimates shall authorize the Association to accept the unrejected bid it considers most favorable; provided, however, that if acceptance of any such bid would require the levy of a Special Assessment, such acceptance shall only be granted following membership approval of such Special -46-
Assessment, as required by this Declaration. If such membership approval is not obtained, the bid shall be deemed to have been rejected.

E. In the event the Owners elect not to
rebuild, insurance proceeds received by the Association shall be distributed by the Association among Owners and their respective mortgagees, according to the respective fair market values of the Condominiums at the time of destruction, as determined by the following procedure: The Association shall appoint two (2) independent appraisers to determine the relative value of the Condominiums affected. The two appraisers shall appoint a third independent appraiser. If the two appraisers are unable to agree on a third, then the third shall be appointed by the presiding Judge of the Superior Court of the State of California for the County of Marin. The market value of the respective Condominiums shall then be the average of the three values submitted by each of the appraisers.

F. If a bid or estimate is accepted, the
Association shall levy a Special Assessment to make up any deficiency between the total insurance proceeds or insurance work and the cost for such repairs or rebuilding, and such Assessment and all insurance proceeds, whether or not subject to liens of mortgages, shall be paid to the insurance trustee to be used for such rebuilding. The Special Assessment shall be levied according to the Owner's Share, as set forth on the Condominium Plan. (c) Notwithstanding any provision in this Section to the contrary, if the insurance carrier offers the full amount required to repair and restore all of the damage, then the Association shall contract to repair and rebuild the damaged portions of all Units and the Common Area in the manner provided in subparagraph (b)(i) for a minor casualty.
(d) Without waiting to obtain insurance settlements or
bids, the Association may undertake such emergency repair work after a casualty as it may deem necessary or desirable under the circumstances.

Section 8.11 Condemnation. In the event of an award for the taking of any Condominium in the Project by eminent domain, the Owner of such Condominium shall be entitled to receive the award for such taking and, after acceptance thereof, he and his mortgagee shall be divested of all interest in the Project, if such Owner shall vacate his Unit as a result of such taking. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking and to adjust
proportionately the percentages of the undivided interests of the -47-
remaining Owners in the Project. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for the acquisition of the Common Area or any part thereof, and the award or proceeds of settlement shall be payable to the Association, or any trustee appointed by the Association, for the use and benefit of the Condominium Owners and their mortgagees, as their interests may appear. If Condominiums are not valued separately by Court judgment or by agreement between the condemning authority and each of the affected Owners in the Project, the condemnation award shall be distributed as follows: The Association shall appoint two (2) independent appraisers to determine the relative values of the Condominiums affected by the condemnation. The two appraisers shall appoint a third independent appraiser. If the two appraisers are unable to agree on a third, then the third shall be appointed by the presiding Judge of the Superior Court of the State of California for the County of Marin. The value of the respective interests shall be the average of the three values submitted by each of the appraisers. In the event any Owner disagrees with the proposed allocation, he may have the matter submitted to arbitration under rules of the American Arbitration Association.

In the event of eminent domain proceedings against the Project or any portion thereof, institutional lenders shall be given timely written notice thereof.

Section 8.12 Owners' Compliance. Each Owner, tenant or
occupant of a Condominium shall comply with the provisions of this Declaration, the Bylaws, and the decisions and resolutions of the Association or its duly authorized representative, as lawfully amended from time to time, and failure to comply with any such provisions, decisions or resolutions shall be grounds for an action to recover sums due for damages or for injunctive relief.

All agreements and determinations lawfully made by the
Association, in accordance with the voting percentages established in this Declaration or in the Bylaws, shall be deemed to be binding on all Owners of Condominiums, their successors and assigns.

Section 8.13 Notices. Any notice permitted or required by this Declaration or the Bylaws may be delivered by personal delivery, first-class mail (including but not limited to, certified mail), and/or email, by such manner as complies with the terms of the applicable Civil Code Sections 4035 (Notices to the Association), 4040 (Notice to Individuals), 4041 (Member Contact Information), 4045 (General Delivery or Notice), 4050 (Document Deemed Delivered) and 4055 (Electronic Delivery Requirements), and such other requires of the Davis-Stirling Act and applicable law, in each circumstance. In the event this Declaration specifically requires notice by a particular manner of notice, such manner of notice shall be used, unless it is inconsistent with applicable law.
-48-
Section 8.14 Required Documentation. Members shall furnish subsequent purchasers with all documentation required by California Civil Code Sections 4525 and 6000, as well as purchase documents and any maintenance manuals, schedules and procedures as referred to in Title 7, Part 2, Division 2 of the California Civil Code.

IN WITNESS WHEREOF, the undersigned, being Declarant herein, has executed this Declaration this day of ,
2025.

Declarant:

MODLP, LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY
BY:

NAME: Michael F. O’Mahony
TITLE: Managing Member
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On , 202 , before me, ,
Notary Public, personally appeared

,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Name Typed
(This area for official notarial seal)

ATTACHMENT A
TO

DECLARATION OF

CONDITIONS, COVENANTS AND RESTRICTIONS
OF
709 C STREET,

A CONDOMINIUM PROJECT
DESCRIPTION:

All that certain real property situated in the City of San Rafael, County of Marin, State of California, and more particularly described as follows:
"All that certain real property described on that certain map entitled ‘Final Map Condominium Subdivision Lands of MODLP, LLC’, recorded the ___ day of ______ in Book ____ of Maps, at Pages ____, Serial No. 2025-______, Official Records of the County of Marin, State of California."
- ATTACHMENT A -

ATTACHMENT B
TO

DECLARATION OF

CONDITIONS, COVENANTS AND RESTRICTIONS
OF
709 C STREET,

A CONDOMINIUM PROJECT
[ ATTACH CONDOMINIUM PLAN HERE ]
- ATTACHMENT B -
- 1 -

RECORD WITHOUT
FEE PER G.C. 27383

RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:

Stormwater Coordinator/Administrator
Public Works Department
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
_________________________________________ _____________

SPACE ABOVE THIS LINE FOR RECORDERS USE

STORMWATER MANAGEMENT FACILITIES AGREEMENT

CITY OF SAN RAFAEL

STORMWATER MANAGEMENT FACILITIES OPERATIONS AND

MAINTENANCE AGREEMENT
PROJECT: C STREET TOWNHOMES
OWNER’S NAME: MODLP, LLC
ASSESSOR'S PARCEL NUMBER: 012-073-10
- 2 -

STORMWATER MANAGEMENT FACILITIES

OPERATION AND MAINTENANCE AGREEMENT

THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this ____day of __ , 20___, by and between MODLP, LLC (hereinafter referred to as "Property Owner") and the City of San Rafael (“CITY”).

RECITALS:

This Agreement is made and entered into with reference to the following facts:

WHEREAS, stormwater management facilities (hereinafter referred to as "Facilities") have been installed in and must be maintained for the development called C STREET TOWNHOMES , located at 709 C STREET, SAN RAFAEL, Marin County, State of California and more particularly described on Exhibit “A” attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property Owner is the owner of the Property; and WHEREAS, the Property Owner remains fully responsible for assuring that the Facilities were designed, constructed and installed in full compliance with all applicable laws, regulations and ordinances, all requirements applicable to the development of the Property, and all Best Management Practices, in accordance with the Erosion and Sediment Control Plan; and WHEREAS, the CITY Urban Runoff Pollution Prevention Ordinance, City of San Rafael Municipal Code chapter 9.30 ("CITY Ordinance") requires proper operation and maintenance of the Facilities constructed on this Property; and
WHEREAS, the CITY has approved the Stormwater Control Plan prepared by CSWST2 dated December 19, 2025, as this Plan is on file at 111 Morphew Street, San Rafael, CA 94901 and may be subsequently modified from time to time with CITY approval; and WHEREAS, the development conditions of approval require that Facilities, as shown on the approved Stormwater Control Plan, be constructed and properly operated and maintained by the Property Owner; and
WHEREAS, the Stormwater Control Operation and Maintenance Plan, dated December 19, 2025, as this Plan is on file at 111 Morphew Street, San Rafael, CA 94901 (together with the Stormwater Control Plan, hereinafter the “Plans”) includes an annual inspection form for the Facilities constructed on this Property, and
WHEREAS, this Agreement memorializes the Property Owner’s maintenance, operations, and inspection obligations under the CITY Ordinance and the approved Plans. - 3 -
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

SECTION 1
Responsibility for Operation and Maintenance: The Property Owner will maintain printed copies of the approved Plans at the Property. The Property Owner must maintain the Facilities in good working condition acceptable to the CITY for the life of the project, and in compliance with the CITY Ordinance and the approved Plans. If significant changes to the operation and maintenance of the Facilities are proposed, the Property Owner is responsible for submitting a revised Stormwater Control Operation and Maintenance Plan to the CITY for approval. Upon transfer of the Property, the Property Owner shall provide the new owner with the current Plans and shall set forth in any transfer agreement a requirement that the new owner assume responsibilities set forth in the Plans and this Agreement.

SECTION 2
Inspection by Property Owner: The Property Owner, at its own expense, shall conduct annual inspections to ensure the Facilities are in good working order. The Property Owner may elect to use a qualified independent inspector to inspect the Facilities. The Property Owner shall send a report of the annual inspection to the Department of Public Works Stormwater Division at the addresses shown in Section 8 below. The annual inspection report shall include completion and certification of the form described in the approved Stormwater Control Operation and Maintenance Plan. If the Property Owner fails to submit the annual inspection report by December 31st, the CITY or its agents may (but without any obligation to do so) perform the inspection and invoice the Property Owner for the cost in accordance with Sections 3 and 4 below. If the inspection reveals that Facilities are not in good working order, Property Owner, at its own expense, shall undertake necessary action to restore Facilities to good working order.

SECTION 3
Right of Entry and Facility Inspection: The Property Owner hereby grants permission to the CITY, its employees and authorized agents to enter the Property, and to inspect the Facilities whenever the CITY, its employees or its agents deem it necessary in order to enforce provisions of the CITY Ordinance. The CITY, its employees or authorized agents may enter the Property at any reasonable time to inspect the premises and Facilities operation, to inspect and copy records related to stormwater compliance, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry. The CITY may charge a fee to cover the costs of the inspection.

SECTION 4
Failure to Perform Required Facility Inspections, Repairs or Maintenance by the Property Owner: If the Property Owner fails to inspect and maintain the Facilities in good working order and in accordance with the approved Plans and the CITY Ordinance, the CITY, with prior notice and pursuant to the abatement procedures of San Rafael Municipal Code Chapters 1.40, 1.42, 1.44, and/or 1.46, may enter the Property to inspect or to return the Facilities to good working order and thereafter recover its costs in accordance with the abatement procedures of San Rafael Municipal Code Chapters 1.40, 1.42, - 4 -

1.44, and/or 1.46. The CITY is under no obligation to maintain or repair the Facilities, and this Agreement shall not be construed to impose any such obligation on the CITY. If the CITY under this section takes any action to inspect the Facilities or to return the Facilities to good working order, the Property Owner shall reimburse the CITY for all the costs incurred by the CITY. The CITY will provide the Property Owner with an itemized invoice of the costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the CITY may secure a lien against the Property in the amount of such costs. In addition, the CITY may make the cost of abatement of the nuisance caused by the failure to maintain the Facilities a special assessment against the Property that may be collected at the same time and in the same manner as ordinary taxes are collected as provided in the abatement procedures of San Rafael Municipal Code Chapters 1.40, 1.42,

1.44, and/or 1.46. This Section 4 does not prohibit the CITY from pursuing other legal recourse against the Property Owner.

SECTION 5
Indemnity: The Property Owner shall defend, indemnify and hold harmless the CITY, its officials, employees and its authorized agents from any and all costs, losses, damages, accidents, casualties, occurrences or claims which may arise or be asserted against the CITY and which are in any way connected with the construction, operation, presence, existence or maintenance of the Facilities, or from any personal injury or property damage that may result from the CITY or other public entities entering the Property under Section 3 or 4 herein above.

SECTION 6
Successors and Assigns: This Agreement shall be recorded in the Office of the Recorder, Marin County, California, at the expense of the Property Owner. This Agreement and the covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), and said covenants shall inure to the benefit of and be enforceable by the CITY, its successors and assigns in ownership of each and every part of the street and storm drains.

SECTION 7
Severability: The provisions of this Agreement shall be severable and if any one of the provisions of this Agreement is adjudicated invalid by a court of competent jurisdiction it shall in no way effect any other provisions and all other provisions shall remain in full force and effect.

SECTION 8
Notices: All notices and other communications required or permitted to be given under this Agreement, including any notice of change of ownership, address or significant changes to the Facilities or Stormwater Control Operations and Maintenance Plan, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified.

Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice must be given to the Property Owner, its successors and - 5 -
assigns, at the address(es) shown on the records for the Property maintained by the Assessor. Notice to the CITY must be given by personal delivery or mail to both of the following addresses:

TO CITY: Public Works Director
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
and,
Stormwater Coordinator or Administrator
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
SECTION 9
Recordation: This Agreement shall be recorded by the Property Owner with the County Recorder within 30 days of the date of execution. Recordation shall be at the expense of the Property Owner.

SECTION 10
Effective Date and Modification: This Agreement is effective upon the date that the final signatory executes the Agreement. This Agreement shall not be modified except by written consent of both parties. Such modifications shall also be recorded in accordance with Section 9. [Signatures are on the following page.]

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL
______________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO CONTENT:
______________________________
APRIL MILLER, Director of Public Works
APPROVED AS TO FORM:
______________________________
ROBERT F. EPSTEIN, City Attorney

PROPERTY OWNER
______________________________
MICHAEL F. O’MAHONY

MANAGING MEMBER

MODLP, LLC
___________________________
If Property Owner is an entity, Property Owner hereby
represents and warrants that the persons executing this Agreement on behalf of Property Owner have full authority to do so and to bind Property Owner to each and every term of this Agreement.

Attachments: Acknowledgements
Exhibit A

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Fill out up-to-date California All-Purpose Acknowledgment Form:
http://notary.cdn.sos.ca.gov/forms/notary-ack.pdf in accordance with California Civil Code section 1189. See this template that is consistent with California Civil Code section 1189 but includes an optional section that can deter alteration of the document or fraudulent reattachment of the form to an unintended document:
https://www.nationalnotary.org/file%20library/nna/referencelibrary/certificates/05907_ca_ack_all_purpose.pdf. - 8 -
EXHIBIT “A”
Property Description

BEING A PORTION OF BLOCK 16 OF THE TOWNSITE OF SAN RAFAEL AND AS DESCRIBED IN DOCUMENT NUMBER 2024-0026294, RECORDED SEPTEMBER 27, 2024, MARIN COUNTY

RECORDS, STATE OF CALIFORNIA
____________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.d
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Megan Kelly, Assistant Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: PEACOCK GAP PARK PLAYGROUND IMPROVEMENT PROJECT COMPLETION SUBJECT: ACCEPT COMPLETION OF THE PEACOCK GAP PARK PLAYGROUND IMPROVEMENT PROJECT, CITY PROJECT NO. 11436, AND AUTHORIZE THE CITY

CLERK TO FILE THE NOTICE OF COMPLETION
RECOMMENDATION:

Staff recommends that the City Council accept the completion of the Peacock Gap Park Playground Improvement Project No. 11436 and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

Peacock Gap Park is a neighborhood park on 4.1 acres in the San Pedro Peninsula of San Rafael. Park amenities include a playground, restroom, tennis courts, picnic tables, and a parcourse. Peacock Gap is one of the City’s most frequently visited parks and was proposed as one of the near-term priority park projects in the 2023 Citywide Parks and Recreation Master Plan (CPRMP).

While the CPRMP identifies several improvements for Peacock Gap Park, this Peacock Gap Park Playground Improvement Project (“Project”, Project No. 11436) focused on the play areas. This included redesigning the existing play area to replace the playground structures, installing engineered wood surfacing and landscaping, upgrading nearby benches and picnic tables, and addressing the Americans with Disabilities Act (ADA) accessibility requirements.

On December 18, 2023, the City Council authorized the City Manager to enter into a $130,000 Professional Services Agreement with Royston, Hanamoto, Alley & Abey (RHAA) for landscape architectural and engineering design services, including construction administration support for the Project.

On December 16, 2024, the City Council awarded the construction contract to Rapid Grading Services in the amount of $804,950 and approved a construction contingency of $120,050, for a total not to exceed $925,000. Construction began on March 28, 2025, and was completed on September 9, 2025.

ANALYSIS:

Pursuant to Civil Code Section 8182, the City is required to record a Notice of Completion upon City acceptance of the improvements. This acceptance initiates a period during which project subcontractors SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
may file Stop Notices seeking payment from the City of the funds owed to the Contractor for the project work.

FISCAL IMPACT:

The Peacock Gap Park Playground Improvement Project was funded through Measure A appropriations totaling $1,069,000. The total cost to complete this project is approximately $930,000, including survey, design, and construction. The remaining funds of $139,000, consisting of unused project funds, shall be returned to the Measure A Fund balance for future programming.

In accordance with the project specifications, the City retained 5% of the full amount due on each progress payment to Rapid Grading Services, resulting in a total construction retention of $40,395.90.

The final payment and release of retention will be made 35 days after the recordation of the Notice of Completion.

RECOMMENDED ACTION:

Staff recommends that the City Council accept the completion of the Peacock Gap Park Playground Improvement Project (Project No. 11436) and authorize the City Clerk to file the Notice of Completion.

ATTACHMENTS:

1. Notice of Completion
Peacock Gap Park Playground Imp Project 2022 Form NOTICE OF COMPLETION Project #11436 Page 1
Recording Requested By:

The City of San Rafael
When Recorded Mail To:

Lindsay Lara, City Clerk
1400 Fifth Avenue
San Rafael, CA 94901

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is the City of San Rafael (“City”)

3. City’s address is 1400 Fifth Ave, San Rafael, CA 94901

4. The nature of City’s interest in the Project is:
_X_ Fee Ownership __ Lessee Other Public Right of Way Easement

5. Construction work on the Project performed on City’s behalf is generally described as follows: fixing the roof, upgrading plumbing and electrical to code, installing a fire alarm system, accessibility improvements, repairing the heating ventilation and air conditioning (HVAC) system, and hazmat remediation, as well as repainting and other design improvements to enhance public experience.

6. The name of the original Contractor for the Project is: Rapid Grading Services., located at 23842 Cabot Blvd, Hayward, CA 94545

7. The Project was accepted as complete on: February 17, 2026

8. The Project is located at: Peacock Gap Park, APN 186-470-90 and APN 186-470-81 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. , City of San Rafael ________________________________
Date and Place Signature
April Miller, Director of Public Works
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.e
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Andrew Powell, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ___________
TOPIC: PICKLEWEED CHILDCARE REPLACEMENT PORTABLE BUILDINGS

PROCUREMENT
SUBJECT: RESOLUTION ACCEPTING A PROPOSAL FROM CLASS LEASING, LLC FOR THE

PROCUREMENT OF PORTABLE BUILDINGS FOR THE PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, CITY PROJECT NO. C661145010, IN THE AMOUNT NOT TO EXCEED $849,606 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT (SOLE SOURCE); CEQA
DETERMINATION EXEMPT PURSUANT TO CEQA GUIDELINE 15302
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing a purchase agreement with Class Leasing, LLC in the not-to-exceed amount of $849,606 for the procurement of portable buildings for the Pickleweed Childcare Replacement Portables Project, City Project No. C661145010 (“Project”).

BACKGROUND:

The Pickleweed Preschool, located at Pickleweed Park in San Rafael’s Canal neighborhood, is a Cityoperated, state-subsidized Early Childhood Education facility that serves approximately 68 children each school year. The program is licensed through the California Department of Social Services and operates as a part-day preschool with morning and afternoon classrooms, five days per week, for approximately 175 days per year.

Pickleweed Preschool serves families who qualify for subsidized services through the State’s Centralized Eligibility List. The program is designed to support children in their preparation for kindergarten, with an emphasis on academic readiness, social development, and English language acquisition. A significant portion of enrolled children come from multilingual households, with Spanish and Vietnamese being the most common home languages.

The Pickleweed Preschool is an important community resource, providing affordable, high-quality early education opportunities to San Rafael families who may otherwise lack access to preschool programming. The program supports broader City goals related to equity, early childhood education, and community wellbeing.

The City identified the need to improve the Pickleweed Preschool through an assessment of the existing structures, which determined that the portable buildings had reached the end of their useful life. The SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
replacement of the portable buildings and the proposed site improvements are intended to enhance the quality and functionality of the preschool site.

ANALYSIS:

This purchase would utilize an existing purchasing agreement maintained by other public agencies exempted from the City’s bidding requirements pursuant to Municipal Code Section 2.55.100. Class Leasing, LLC was identified to have an existing Public Works Contract with the Gonzales Unified School District for the City of San Rafael to “piggyback” on, utilizing an established 2023 price index for the manufacturing of the Project’s portable buildings. Staff recommends the waiver of competitive bidding for the work described above and that direct purchase via sole sourcing be permitted, as described in section

2.55.100(E) of the San Rafael Municipal Code.

Adoption of this resolution aligns with the goals of the City’s FY 2025-2028 Strategic Plan, including Goal G.3: “Ensure that all planning efforts and public investments are inclusive, community-informed, and designed to expand access to opportunity and address past and present disparities.” COMMUNITY OUTREACH:

The designs for this Project were presented to the Pickleweed Advisory Committee at their regularly scheduled meeting on October 1, 2025, and to the Park and Recreation Committee at their regularly scheduled meeting on October 16, 2025. Feedback from those meetings and events has been integrated into the final Project plan.

ENVIRONMENTAL DETERMINATION:

Staff reviewed the scope of work necessary for the Pickleweed Childcare Replacement Portables Project and determined that it qualifies for a categorical exemption under the California Environmental Quality Act (CEQA) Guidelines, Section 15302 for Replacement or Reconstruction. The key consideration for obtaining a categorical exemption is that the Project involves the replacement or reconstruction of existing structures and facilities, with the new structure located on the same site as the structure replaced and having substantially the same purpose and capacity. The scope of the Pickleweed Childcare Replacement Portables Project includes replacing the two existing classroom portable buildings and one existing administration portable building on-site.

FISCAL IMPACT:

The recommendation in this staff report would result in expenditures totaling an amount not to exceed $849,606 for the procurement of the classroom portable buildings. The Fiscal Year 2025-26 Budget approved by the City Council on June 2, 2025, includes appropriations totaling $1.325 million for this Project, including $1.3 million from the City’s Building Maintenance Fund (Fund 603) and $25,000 from the City’s Childcare Fund (Fund 208).

OPTIONS:

1. Adopt the proposed resolution to move forward with the procurement of the portable buildings for the Project.

2. Do not adopt the resolution and provide further direction to staff. This option will result in delays for the Project.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing a Purchase Agreement with Class Leasing, LLC in the not-to-exceed amount of $849,606 for the procurement of portable buildings for the Pickleweed Childcare Replacement Portables Project, City Project No. C661145010 (“Project”).

ATTACHMENTS:

1. Resolution

2. Formal Construction Contract with Class Leasing, LLC.

RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING A PROPOSAL FROM CLASS

LEASING, LLC FOR THE PROCUREMENT OF PORTABLE BUILDINGS FOR THE PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, CITY PROJECT NO. C661145010, IN THE AMOUNT NOT TO EXCEED $849,606.00, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT (SOLE SOURCE); CEQA DETERMINATION EXEMPT PURSUANT TO CEQA GUIDELINE 15302
WHEREAS, the City of San Rafael has identified Class Leasing, LLC as the most cost-effective supplier for the manufacturing, delivery, and installation of three replacement portable buildings; and WHEREAS, funding in the amount of $1,325,000 has previously been approved for this Project through the fiscal year (FY) 2024-25 and FY 2025-26 budget; and WHEREAS, staff has found the proposal from Class Leasing, LLC to be complete and within industry standards; and
WHEREAS, Class Leasing, LLC is the sole source of direct purchase of the specified portable buildings, justifying the waiver of competitive bidding pursuant to San Rafael Municipal Code Section

2.55.100(E); and
WHEREAS, the City of San Rafael will utilize “piggybacking” on an existing public work contract between Class Leasing, LLC and the Gonzalez Unified School District for cost-saving measures; and WHEREAS, Class Leasing, LLC has submitted a proposal to provide three portable buildings for the City’s Pickleweed Childcare Replacement Portables Project for an amount not to exceed $849,606.00.

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

1. The foregoing recitals are true and correct.

2. The City Council finds that the Project is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline 15302 for replacement and reconstruction; and

3. The proposal of Class Leasing, LLC is hereby accepted at the unit prices stated in its proposal.

4. The City Manager is authorized and directed to execute a Formal Construction Agreement for the Project, in a form approved by the City Attorney, with Class Leasing, LLC, for procurement and installation of three portable buildings, for a total not to exceed contract amount of $849,606.00.

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

AYES: Councilmembers:

NOES: Councilmembers:

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

CITY OF SAN RAFAEL
Public Works Contract
This public works contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and Class Leasing, LLC (“Contractor”), a California Limited Liability Company for work on the City’s Pickleweed Preschool Replacement Portables (“Project”), and is effective on _____________________ (“Effective Date”).

The parties agree as follows:

1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project (“Work”), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor’s license for the following classification(s): _____________.

2. Compensation. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A up to the not-to-exceed amount of $849,606 (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein.

2.1 Payment. Contractor will bill City on a monthly basis for Work Performed by Contractor during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred by the Contractor, and subject to verification by City. The Contractor may include subcontractor costs in its invoices, provided that such costs do not exceed the actual amount incurred by the Contractor plus a markup not exceeding ten percent (10%). Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor.

2.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit C, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, B
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purchase such bond(s) at Contractor’s expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.

3. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below:

3.1 Contract;

3.2 Exhibit A – Scope of Work;

3.3 Exhibit B – Insurance Requirements

3.4 Exhibit C – Bonds for Payment, Performance, and if applicable, Bid;

3.5 Exhibit D – Noncollusion Declaration;

3.6 Exhibit E – Bid Schedule, if any

3.7 Exhibit F – Subcontractor List, if any

3.8 Notice Inviting Bids, if any

3.9 Addenda, if any

4. 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 on March 1, 2027, whichever comes first, unless terminated or amended as provided herein.

4.1 Performance Time. Contractor will fully complete the Work within eight (8) months from the date the City authorizes Contractor to proceed with the Work (“Performance Time”).

5. Liquidated Damages. If Contractor fails to complete the Work within the Performance Time, Contractor must pay liquidated damages in the amount of $900 per day for each day of unexcused delay in completion.

6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.

7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor’s license and a City business license.

8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the “Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Page 3
agents in performing the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third-party claim pursuant to Public Contract Code section 9201.

9. Insurance. 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.

10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

10.1 Prevailing Wages. Each worker performing Work under this Contract is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer’s office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City.

10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”).

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perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5.

10.5 DIR Monitoring, Enforcement, and Registration. Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000.

11. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

12. Termination.

12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.

12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Performance Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Performance Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Page 5
Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. In the event a termination for default is later determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and the Contractor shall have no greater rights than it would have had following a termination for convenience.

13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9204 and 20104 et. seq., which are incorporated by reference.

14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.

15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.

16. Worksite Conditions.

16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site.

16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.

16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestoscontaining products or other hazardous materials may be used in performance of the Work.

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16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.

17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary.

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

19. Non-Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person.

20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City.

21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract.

This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.

22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

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City:

Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: (415)-458-5006
Attn: Andrew Powell
Email: [email protected]; CC
[email protected]
Contractor:

Name: Class Leasing, LLC
Address: 1651 S. Juanita Street
City/State/Zip: San Jacinto, CA 92583
Phone: (559)-939-2589
Attn: Drew Sylvia
Email: [email protected]

23. General Provisions.

23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract.

23.2 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.

23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

23.4 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.

23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place.

23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Page 8
Contract. Change orders requested by Contractor must be submitted and approved in writing by the City prior to work commencing. Any change order work done on a time and materials basis may not exceed a cumulative total markup of fifteen percent (15%).

23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the contract between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.

23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.]
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Page 9
The parties agree to this Contract as witnessed by the signatures below:

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: _____________________________
Contractor’s California License Number(s)
and Expiration Date(s) (required under
Section 7 of the Contract):
___________________________________
___________________________________
Exhibit A: Scope of Work
Exhibit B: Insurance Requirements
Exhibit C: Bond Forms
Exhibit D: Noncollusion Declaration
Exhibit E: Bid Schedule (when applicable)
Exhibit F: Subcontractor List

END OF CONTRACT
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B

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:

1.1 Description: Class Leasing, LLC. to manufacture, deliver, and install three (3) portable buildings for the Pickleweed Childcare Replacement Portables project.

2. Specific Tasks:

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

2.1 Task 1 – Manufacture (2) 24' X 40' New DSA approved classroom w/primary unisex restroom & w/vinyl plank flooring 4" rubber base and (1) 24' X 40' New DSA Office building. Class Leasing will supply electronic color selections to choose from for the construction (if non-standard purchase). Selections will need to be made prior to procurement of materials and production or preparation of buildings.

The Classrooms and Office Buildings are described as follows:
a) Classrooms 1 & 2: 24' X 40' New DSA approved w/standard sheet vinyl flooring /4" rubber base w CPI 1.5%
b) Classrooms 1 & 2 Tenant Improvements: Interior Primary Unisex student TK Toilet & sink (x1), changing table, 4' FRP ponywall, casework- student cabinet w/sink & bubbler(x1), exterior door (x2), canopies (x2), plumbing manifold/plumb wall supply and drain.
c) Office Building 24' X 40' New DSA 11x8 Office, Lobby 11x8, Meeting room 12x13, Multi purpose 20x20 room, Kitchen 11x7, Storage 7x4 Laundry room, standard sheet vinyl flooring /4" rubber base and carpet w/4" rubber base, plumbing manifold/plumb wall supply and drain (x2/building)w CPI 1.5% d) Office Tenant Improvements: Interior Demising walls, interior doors, exterior doors, 8040 sliding windows exterior(x2), counter with dual sink/disposal, casework- kitchen cabinets upper & lower w/backing, W/D floor drain, Ventilation rough in, Range hood installed, Plenum wall w/air return & supply, Hose bib /recessed, 200 amp panel, 110 v dedicated lines (x3), 220 v dedicated lines (x2) electrical (x8),data boxes (x8)
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B Inclusions for the 2 Classrooms are as follows:

Inclusions for the Office are as follows:

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B Task 2 – Deliver and install the three (3) manufactured portable buildings to the project site located at 40 Canal St, San Rafael, CA 94901.

Mobilization includes the following:
- Delivery/per floor
- Installation 24x40 Classrooms/Office-on wood foundation /prevailing wage - Material-24x40 Classrooms /Office wood foundation material (x3) - Installation: plumbing manifold/plumb wall supply and drain (x3/building)/prevailing wage
- Material: plumbing manifold/plumb wall supply and drain(x2/building) - Tenant Improvements: Fire Sprinkler w/Riser for all buildings (x3) 24x40 - Crane x 8hrs (based on site conditions)
- Forklift x 8hr (based on site conditions)
- Permits: CHP public roads travel requirements, Engineering structural PC plan, Mobilization-PM

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. Three (3) portable buildings. The project portable buildings to include two (2) classroom portable buildings and one (1) office portable building.

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:

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B ☐ A fixed fee for the work performed
☒ On a time and materials basis for the work performed based on the following unit rates:

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B

SCHEDULE
Class Leasing, LLC to manufacture the three (3) portable buildings on schedule for delivery and installation in June/July 2026. – END OF EXHIBIT A –
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit B
Exhibit B

INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, maintain the insurance coverage required in this Exhibit B to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work.

1. Workers’ Compensation. Statutory coverage is required by the California Workers’ Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. In addition, Contractor must provide employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

2. Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis, including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in performing the Work, including Contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 general aggregate.

3. Automotive. Commercial automotive liability coverage for owned, non-owned and hired vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury, death, or property damage.

4. Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work.

5. Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City.

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit B

6. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers.

7. Required Endorsements. The CGL policy, the automotive liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss (“primary and non-contributory”).
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.

Contractor’s Responsibilities. This Exhibit B establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage.

Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit B
excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Exhibit B. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses.

Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Exhibit B, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager.

Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

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

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
Exhibit C

BOND FORMS
Required for contracts over $25,000.

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
Payment Bond
City of San Rafael (“City”) and Class Leasing, LLC (“Contractor”) have entered into a contract, dated Effective Date as listed in the attached contract (“Contract”) for work on the “Project” as listed in the attached contract. The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code sections 9550, et seq.

2. Surety’s Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: ___________________________________________
Address: _______________________________________
City/State/Zip: ___________________________________
Phone: _________________________________________
Fax: ___________________________________________
Email: _________________________________________
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms

6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and effective on Effective Date as listed in the attached contract (“Contract”) for work.

Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY: ______________________________________________________ Business Name
s/ ________________________________________________
__________________________________________________
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________________________ Business Name
s/ _______________________________________________
_________________________________________________
Name/Title
s/ _______________________________________________
_________________________________________________
Name/Title
APPROVED BY CITY:
s/ ___________________________________ ______________________________ ROBERT F. EPSTEIN, City Attorney Date

END OF PAYMENT BOND
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
Performance Bond
City of San Rafael (“City”) and Class Leasing, LLC (“Contractor”) have entered into a contract, dated Effective Date as listed in the attached contract (“Contract”) for work on the ”Project” as listed in the attached contract. The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract, including its warranty obligations under the Contract. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond.

2. Surety’s Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety’s obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845.

3. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Compensation minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action:

4.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
issued by an admitted surety as required by the Contract documents, at Surety’s expense; or

4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining services completed.

5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows:

Attn: ___________________________________________
Address: ________________________________________
City/State/Zip: ____________________________________
Phone: _________________________________________
Fax: ___________________________________________
Email: __________________________________________

7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

8. Effective Date; Execution. This Bond is entered into and effective on Effective Date as listed in the attached contract (“Contract”) for work. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY: _____________________________________________
Business Name
s/ ___________________________________________________
_____________________________________________________
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:________________________________________
Business Name
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
s/ ___________________________________________________
_____________________________________________________
Name/Title
s/ ___________________________________________________
_____________________________________________________
Name/Title
APPROVED BY CITY:
s/ ___________________________________ ______________________________ ROBERT F. EPSTEIN, City Attorney Date

END OF PERFORMANCE BOND
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Bond Forms
Bid Bond
________________________________________(“Bidder”) has submitted a bid, dated _________________________ (“Bid”), to the City of San Rafael (“City”) for work on the _____________________________________________________________ (“Project”).

Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and _____________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”).

Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid.

2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following:

2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”);

2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;

2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and

2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award.

3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845.

This Bid Bond is entered into and effective on ________________________.

SURETY:
___________________________________
Business Name
s/__________________________________
______________________________
Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER:
___________________________________
Business Name
s/__________________________________
______________________________
Date
___________________________________
Name, Title

END OF BID BOND
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit D
Exhibit D

NONCOLLUSION DECLARATION

TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH BID
The undersigned declares:

I am the _________________ of ____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________
__________________________________________
Name [print]

END OF NONCOLLUSION DECLARATION
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit E
Exhibit E

BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal.

Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) BID
ITEM
NO. ITEM DESCRIPTION EST. QTY. UNIT
UNIT
COST

EXTENDED
TOTAL
AMOUNT
TOTAL BASE BID: Items 1 through _____ inclusive $___________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit E
This Bid Proposal is hereby submitted on _________________________, 20______. s/ ___________________________________ ______________________________________ Name and Title
s/ ___________________________________ ______________________________________ Name and Title
_____________________________________ ______________________________________ Company Name License, Expiration Date, and
Classification
_____________________________________ ______________________________________ Address DIR Registration #
_____________________________________ ______________________________________ City, State, Zip Phone
_____________________________________ ______________________________________ Contact Name Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:
#01 _____________ #05 _____________
#02 _____________ #06 _____________
#03 _____________ #07 _____________
#04 _____________ #08 _____________

END OF BID SCHEDULE
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B v. May 2025 Exhibit F
Exhibit F

SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the bidder’s total Contract Price,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.

DESCRIPTION

OF WORK

SUBCONTRACTOR
NAME

CALIFORNIA

CONTRACTOR
LICENSE NO.

LOCATION OF

BUSINESS
DIR REG. NO. PERCENT
OF
WORK

END OF SUBCONTRACTOR LIST
1 For street or highway construction this requirement applies to any subcontract of $10,000 or more.

Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B Updated January 7, 2026

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.

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
X
February 17, 2026
Drew Sylvia [email protected]
Public Works
X
Shannon Mackle (for Andrew Powell)
Class Leasing
Docusign Envelope ID: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B Certificate Of Completion
Envelope Id: AB5A4990-9B0B-46CD-AB98-F35A1292CB8B Status: Sent Subject: DocuSign: Public Works Contract with Class Leasing for Pickleweed Preschool Replacement Portables Source Envelope:

Document Pages: 30 Signatures: 0 Envelope Originator:

Certificate Pages: 4 Initials: 1 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
1/30/2026 2:29:04 PM
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: 199.88.113.8
Sent: 1/30/2026 3:19:09 PM
Viewed: 1/30/2026 3:19:23 PM
Signed: 1/30/2026 3:19:27 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
April Miller
[email protected]
Public Works Director
Security Level: Email, Account Authentication
(None)
Sent: 1/30/2026 3:19:09 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Finance
Signing Group: Finance
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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

Not Offered via Docusign
Michael Bollero Sr.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Andrea Visveshwara
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:

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Heather Davis
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FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.a
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski, Assistant City
Manager
Paul Navazio, Finance Director
City Manager Approval: ______________
TOPIC: CALL FOR A SPECIAL ELECTION TO RENEW THE SPECIAL LIBRARY SERVICES

PARCEL TAX
SUBJECT: RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION ON JUNE 2, 2026,

FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY

OF SAN RAFAEL, A MEASURE TO EXTEND A SPECIAL LIBRARY SERVICES PARCEL TAX AND UPDATING THE SENIOR EXEMPTION; AUTHORIZING AND

REQUESTING THAT THE COUNTY OF MARIN CONSOLIDATE AND CONDUCT THE ELECTION; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS AND AUTHORIZING THE MAYOR AND COUNCILMEMBER BUSHEY TO FILE A BALLOT ARGUMENT AND REBUTTAL FOR THE MEASURE.

CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3) RECOMMENDATION:

Staff recommend that the City Council adopt the resolution calling for a special municipal election on June 2, 2026, for the purpose of submitting to the qualified electors of the City of San Rafael, a measure to extend a Special Library Services Parcel Tax and updating the senior exemption; authorizing and requesting that the County of Marin consolidate and conduct the election; directing the City Attorney to prepare an impartial analysis and authorizing Mayor Kate and Councilmember Bushey to file a ballot argument and rebuttal for the measure.

BACKGROUND:

On June 8, 2010, San Rafael voters passed a Special Library Services Parcel Tax adopted by Measure C to provide for San Rafael Public Library staffing, hours of operation, services, equipment, facilities, materials, programs, and to help with the City’s long-term goal of setting aside funds for necessary facility improvements to the San Rafael Public Library. This measure had a term of seven years. On June 7, 2016, San Rafael voters passed Measure D, which extended the Special Library Services Parcel Tax and allocated funds to support staffing, hours of operation, services, equipment, materials, and programs.

Unlike Measure C, Measure D cannot be used to support facility improvements (“Measure D”). This measure had a term of nine years.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Measure D is set to expire in June 2026 unless the City’s voters renew it. Revenue from the renewal would be used to maintain library services, including hours of operation for the public, physical and digital materials, educational programs, and community outreach to San Rafael residents.

Measure D funding has been critical to Library operations and services. Specifically, it has enabled:
• Funding 22% of the Library’s permanent positions and 60% of temporary staff expenses. Library temporary staff play a critical role in maintaining evening and weekend hours. • 65% of the physical collections budget and 100% of the digital collections budget. • 100% of the City’s budget for Library programming.
• A wide range of programs and services for all ages, including classes, story times, workshops, and events for preschoolers, school-age children, teens, adults, and seniors. • Expanded outreach, programs, and partnerships with San Rafael schools, students, and educators.

Since the passage of the Special Library Services Parcel Tax and its 2016 extension, the City’s provision of library services has continued to grow, providing free access to information and critical resources for the community. In addition to increased use of physical and digital materials, there has been continued expansion of library hours and service locations, ensuring access to safe, enriching spaces for children, teens, and adults. As technology evolves, libraries have adapted by offering more specialized tools and resources, including digital learning platforms, tech support, digitization services, and other technologyfocused programs. The library continues to evolve its physical collection to respond to community interest, incorporating park and museum passes, a seed lending library, adventure kits, telescopes, and more. The library also continues to provide a strong core of traditional library programs for all ages, including arts, film, and culture programs; book clubs; homework, math, and reading support; story times and early literacy programs, which support lifelong learning and community connection.

ANALYSIS:

The attached Resolution proposes calling for a special election on June 2, 2026, for a Special Library Services Parcel Tax renewal measure. If passed by two-thirds of the electors voting on the proposed tax measure, the measure would adopt an ordinance amending Chapter 3.36 of the San Rafael Municipal Code--the existing Special Library Services Parcel Tax. The amended ordinance, attached as Attachment “A” to the Resolution (Attachment 1), would extend the Special Library Services Parcel Tax rate for a period of nine years beginning on July 1, 2026.

The current Measure D tax rate in Fiscal Year 2025-26 is $72.02 per parcel for single-family and nonresidential parcels. For multi-family residential parcels, the rate is $72.02, plus $12.18 per living unit, with a maximum of $1,222.02 per year per parcel.

The amended ordinance and ballot measure to be presented to the voters require the establishment of the tax rate for Fiscal Year 2026-27. Based on the most recent data for the San Francisco-OaklandHayward, CA, All Urban Consumer (December to December), the proposed adjustment factor for Fiscal Year 2026-27 is 3.0%. Adjusting the Library Parcel Tax rate by 3.0% for FY 2026-27 results in the following tax rate schedule:

This section has been left blank intentionally.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Section 3.36.030 Imposition of Tax:

Parcel Rate Types FY 2025-26 Rates
FY 2026-27 Rates
with 3.0% CPI
Adjustment*
Single-family residential Parcel $72.02 $74.18
Multi-Family Residential or Other
Residential Parcel
$72.02 + $12.18 per
Living unit, in excess of
one, up to a maximum of
$1,222.02 per year per
parcel
$74.18 + $12.54 per
Living unit, in excess of
one, up to a maximum of
$1,258.68 per year per
parcel
Non-Residential Parcel $72.02 $74.18
*Change in San Francisco-Oakland-Hayward, CA, All-Urban Consumer Price Index (Dec. 2024 – Dec 2025) As with the parcel tax passed in 2010 and the 2016 extension, the proposed measure provides for an exemption for single-family residential parcels owned and occupied by senior citizens, upon application to the City. The proposed Measure would make a slight adjustment to the senior exemption to align it with the Measure P exemption, approved by the voters in November 2024. The proposed Measure modifies the existing exemption, set forth in SRMC 3.36.070.C, to align the exemption with what is set forth in SRMC 3.42.020.H for consistency.

The proposed measure seeks a nine-year term, consistent with the prior 2016 Measure D. In addition, under the proposed measure, proceeds of the special parcel tax would be placed in a separate fund to be used only locally and for the prescribed library services.

Under the existing measure, the Council was required to establish an oversight committee. In September 2022, the City Council adopted Resolution No. 15118 establishing the City’s Voter-Approved Tax Oversight Committee. The Voter-Approved Tax Oversight Committee (VATOC) was formed 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 (Library Services Parcel Tax), E ( $0.75 Transaction and Use Tax), G (Cannabis Industry Tax), and R ($0.25 Transaction and Use Tax), 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 The proposed Measure modifies SRMC 3.36.080 to allow for the VATOC to serve as the oversight committee for the revenue derived from the proposed measure. The VATOC will continue to review the collection and use of the funds with an annual report to the City Council. will continue to review the collection and use of the funds with an annual report to the City Council.

By adopting the attached Resolution, the Council would call for a special election to submit the Special Library Services Parcel Tax measure to the voters at June 2, 2026, election, request consolidation of the City’s election with other elections occurring on that date, request election services from the County, direct the City Attorney to prepare an impartial analysis of the measure for the voter materials and authorize Mayor Kate and Councilmember Bushey to prepare and file an argument and rebuttal in favor of the measure. Councilmember Bushey was selected given her past advocacy work for the San Rafael Public Library, including her involvement with the San Rafael Library Foundation.

The resolution also establishes the following ballot language to be submitted to the voters:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
To continue existing local library funding to maintain safe places for youth after school; book/ digital collections; children/adult programs; library hours and access to technology, shall the City of San Rafael measure extending the library services parcel tax at $74.18 per parcel (with multifamily parcels adding $12.18 per unit, to a maximum of $1,259), generating approximately $1,267,000 annually for nine years, with senior exemptions, annual inflation adjustments, resident oversight and public disclosure, be adopted?”
Yes
No
As noted above, the measure would pass, and the ordinance imposing the tax would be adopted, only if approved by a two-thirds vote of the electors at the June 2, 2026, election. The tax would commence to be levied in FY 2026-27, following the expiration of the current tax.

ENVIRONMENTAL REVIEW:

The proposed Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)).

COMMUNITY OUTREACH:

The Library has conducted extensive community outreach since 2016, including community meetings, events, and workshops, to determine community needs. In addition, the Library Board of Trustees meets monthly to review library services, expenditures from both the General Fund and Parcel Tax funds, and to advise on changes or expansions to library services. The Library also tracks and reports on the use of library programs and services annually and makes data-informed operational adjustments to best meet community needs and interests. The former Special Library Parcel Tax Committee and the current VoterApproved Tax Oversight Committee have met and reported to the City Council annually to review the Library’s use of the Special Library Services Parcel Tax monies.

Additionally, the City hired FM3 Research (FM3) to conduct a feasibility survey of registered voters likely to cast ballots in the June 2026 election. The survey assessed voter attitudes toward a potential libraryrelated parcel tax to help determine the most viable election timing, tax threshold, and messaging strategy. Using a hybrid approach of internet and phone interviews, FM3 engaged a representative sample of 410 likely voters across all Council districts. FM3 found that support essentially hovered around two-thirds over the course of the survey, suggesting both a high floor and low ceiling of support.

Maintaining public access to technology, maintaining a dedicated funding stream for library services, keeping funds local, and the importance of library services to youth and children are among some of the most compelling reasons to support a measure. General concerns about the cost of living appeared to drive the “no” vote within the survey sample. The results of this survey were presented to the City Council at their February 2, 2026, meeting.

FISCAL IMPACT:

The cost to the City of placing the Special Library Services Parcel Tax renewal measure on the June 2026 ballot is estimated to be $70,000-$100,000. Funding to cover the anticipated cost of the election is included in the approved FY 2025-26 budget, via General Fund appropriations within the City Clerk’s Elections Program (General Fund – contract services) budget.

OPTIONS:

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

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5

1. Adopt the proposed resolution calling for a special election on June 2, 2026, to submit the Special Library Services Parcel Tax to the voters.

2. Do not approve the Resolution.

RECOMMENDED ACTION:

Staff recommend that the City Council adopt the resolution calling for a Special Municipal Election on June 2, 2026, for the purpose of submitting to the qualified electors of the City of San Rafael, a measure to extend a Special Library Services Parcel Tax and updating the senior exemption; authorizing and requesting that the County of Marin consolidate and conduct the election; directing the City Attorney to prepare an impartial analysis and authorizing Mayor Kate and Councilmember Bushey to file a ballot argument and rebuttal for the measure.

ATTACHMENTS:

1. Resolution

2. Ordinance (Attachment A to the Resolution)
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CITY CALLING FOR A SPECIAL MUNICIPAL ELECTION ON JUNE 2, 2026, FOR THE PURPOSE OF

SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO EXTEND A SPECIAL LIBRARY SERVICES PARCEL TAX AND UPDATING THE SENIOR EXEMPTION;

AUTHORIZING AND REQUESTING THAT THE COUNTY OF MARIN CONSOLIDATE AND CONDUCT THE ELECTION; DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS AND AUTHORIZING MAYOR KATE AND COUNCILMEMBER

BUSHEY TO FILE A BALLOT ARGUMENT AND REBUTTAL FOR THE MEASURE WHEREAS, the Charter of the City of San Rafael, Article IV, Section 1, authorizes the City Council to call a special municipal election; and
WHEREAS, San Rafael’s Libraries are a valued community resource, providing free access to materials, classes, programs, and resources; and WHEREAS, as a community hub, the libraries are critical to fostering civic engagement, community enrichment, and equitable access to information for all; and WHEREAS, the City Council has determined to call a special municipal election to be held on June 2, 2026, to submit to the voters a ballot measure proposing the adoption of an ordinance repealing and replacing Chapter 3.36 of the San Rafael Municipal Code to extend a Special Library Services Parcel Tax within the City for library services ("Measure"); and WHEREAS, under the proposed Measure, the current per parcel tax would be adjusted by the San Francisco-Oakland-San Jose Price Index for All Urban Consumers to increase it from $72.02 to $74.18 per year per parcel, plus $12.54 per living unit in excess of one, and would increase annually commensurate with the annual percentage increase to the San FranciscoOakland-San Jose Price Index for All Urban Consumers ("CPI'), not to exceed 3% annually, based off of the formula currently set forth in San Rafael Municipal Code Chapter 3.36; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the special municipal election with any other election conducted on the same date; and
WHEREAS, the City Council of the City of San Rafael may request election services from the Registrar of Voters of Marin County, California.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED:

Section 1. Call for Election. That pursuant to the requirements of the California Elections Code, Sections 306 and 9222, there is called and ordered to be held in the City of San Rafael, a special municipal election for the purpose of submitting to the voters of the City of San Rafael a ballot initiative entitled “San Rafael Library Protection Measure.” As required by Elections Code section 13247, the abbreviated form of the Measure to appear on the ballot is specified below in Section 2 of this Resolution. The City’s designated Elections Official is hereby authorized and directed to make any changes to the proposition, text of the ballot label below, or this resolution as required to conform to any requirements of law.

Section 2. Ballot Language. The following question shall be submitted to the voters on the ballot:

To continue existing local library funding to maintain safe places for youth after school; book/ digital collections; children/adult programs; library hours and access to technology, shall the City of San Rafael measure extending the library services parcel tax at $74.18 per parcel (with multifamily parcels adding $12.18 per unit, to a maximum of $1,259), generating approximately $1,267,000 annually for nine years, with senior exemptions, annual inflation adjustments, resident oversight and public disclosure, be adopted?”
Yes
No
This question requires the approval of two-thirds of City of San Rafael voters voting on the Measure at the election to become effective. If the Measure is so approved by the City of San Rafael voters, then the Ordinance attached hereto as Exhibit A shall become effective ten (10) days following the date the vote is declared by the City Council in accordance with Elections Code section 9217.

Section 3. Text of Measure. The complete text of the Measure to be submitted to the voters for approval is attached to this resolution as Exhibit A. The text of the Measure shall be printed in the ballot materials and be available for public inspection in the City Clerk’s office and on the City’s website at www.cityofsanrafael.org.

Section 4. Publication of Measure. The City Clerk is hereby directed to cause notice of the Measure to be published once in the official newspaper of the City of San Rafael, in accordance with the California Elections Code section 12111 and California Government Code section 6063, and is further directed to give further or additional notice of the election, in time, form, and manner as required by law.

Section 5. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to the Elections Code commencing with Section 10400, the City Council hereby requests, consents, and agrees that the County of Marin shall take all actions which are necessary or appropriate in connection with the election, including, but not limited to, printing and mailing sample ballots, arguments and applications for absentee ballots, canvassing election returns and certifying the results of the election to the Council. Pursuant to Elections Code Section 10002, the Board of Supervisors of Marin County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election. The City hereby agrees to reimburse Marin County in full for any services performed by the County for the City upon presentation of an invoice to the City.
(b) The election on the Measure shall be held and conducted, the voters canvassed and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California. As required by Elections Code section 10403, the City of San Rafael acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.
(c) The election on the Measure shall be held in the City of San Rafael in the County of Marin on June 2, 2026, as required by law, and the County of Marin is authorized to canvass the returns of the election with respect to the votes cast in the City of San Rafael and certify the results to the City Council of the City of San Rafael.
(d) At the next regular meeting of the City Council of the City of San Rafael occurring after the returns of the election for the Measure have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election.

Section 6. Submission of Ballot Arguments. The City Council hereby adopts provisions for the filing of ballot arguments and rebuttal arguments for the measure as set forth in California Elections Code sections 9282 et seq. All arguments for and against the Measure shall be filed with the City Clerk pursuant to the timelines set forth in the County of Marin’s Election Calendar for the June 2, 2026, Statewide Direct Primary Election as published on their website:
https://www.marincounty.gov/departments/elections/election-information/electionschedule?language=en"). All arguments for and against the measure shall be signed, with printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Mayor Kate and Councilmember Bushey are authorized to prepare and file an argument in favor of the Measure and a rebuttal for the Measure.

Section 7. Impartial Analysis. In accordance with California Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, who shall prepare an impartial analysis showing the effect of the measure on the existing law and the operation of the measure. The City Attorney’s impartial analysis may not exceed 500 words.

Section 8. Services of the City Clerk. The City Clerk is hereby authorized and directed to take all steps necessary to place the Measure on the ballot, including giving further or additional notice of the election as required by law, and to cause the ordinance or measure to be printed. A copy of the ordinance or measure shall be made available to any voter upon request. As required by Elections Code section 12111, the City Clerk shall cause a synopsis of the measure to be published in a newspaper of general circulation at least one time not later than one week before the June 2, 2026, election. The notice shall be headed “Measure to Be Voted On” and be in the form described in Elections Code section 12111.

Section 9. Canvass Returns of the Election. The Marin County Elections Department is hereby authorized to canvass the returns of the election, including this ballot measure.

Section 10. Filing of a Copy of Resolution. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Election Department of the County of Marin.

Section 11. Election Held Pursuant to Law. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 12. Effective Date. This Resolution shall take effect upon its adoption.

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 17th day of February 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________
Lindsay Lara, City Clerk
1 FULL TEXT OF MEASURE
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING AND REPLACING CHAPTER

3.36 OF THE SAN RAFAEL MUNICIPAL CODE, EXTENDING AND REVISING THE EXISTING

SPECIAL LIBRARY SERVICES PARCEL TAX SUBJECT TO APPROVAL OF TWO-THIRDS

OF THE ELECTORS VOTING ON THE TAX MEASURE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 2, 2026
The City Council of the City of San Rafael hereby makes the following findings in connection with the adoption of this Ordinance:

DIVISION 1. FINDINGS.

WHEREAS, in 2010, the San Rafael community voted in favor of Measure C, adding Chapter

3.36 to the San Rafael Municipal Code, establishing a local special parcel tax dedicated to public library services and facilities as authorized by Government Code section 53717; and WHEREAS, in November of 2016, the San Rafael community voted in favor of Measure D to extend the Special Library Services Parcel Tax and to increase the amount of it based on the annual consumer price index (CPI) adjustment set forth in Measure C; and WHEREAS, the City has used these funds for several purposes, including staffing, providing, maintaining, and improving hours of operation, services, equipment, and materials at the San Rafael Public Library; providing and improving programs and materials for children, teens, adults, seniors, literacy learners, and people with disabilities at the San Rafael Public Library; and WHEREAS, after careful evaluation of the City's financials, thorough discussions with residents, and community surveys assessing the public’s views and priorities, the City Council finds that extending the existing Special Library Services Parcel Tax for a period of nine years and submitting a measure to the voters, with a recommendation for approval, is the most prudent, reasonable, and fiscally responsible action to maintain adequate library services; and WHEREAS, if the Special Library Services Parcel Tax set forth herein is approved by the voters at a special municipal election on June 2, 2026, the existing tax will be increased by 3.0% based on the San Francisco-Oakland-Hayward, CA, All Urban Consumer (CPI) (December to December), which is 3.036%, and will be increased annually based on the applicable CPI, not to exceed 3% per year, through June 30, 2035; and
WHEREAS, this Ordinance shall become effective ten days after the City Council after the vote is declared by the City Council pursuant to Elections Code Section 9217; and WHEREAS, if adopted, the Special Library Services Parcel Tax set forth herein expands the “Senior Citizen Exemption” (Section 3.36.070 C) to align with the Measure P “Senior Citizen Exemption,” codified as San Rafael Municipal Code Section 3.42.020.H, which is more inclusive and was approved by voters in November 2024; and
WHEREAS, if adopted, the City’s Voter-Approved Tax Oversight Committee, established by City Council Resolution No. 15118, will provide the resident oversight to review the collection and expenditure of tax revenues under the authority of this Chapter. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 2. AMENDMENT OF MUNICIPAL CODE.

Chapter 3.36 of the San Rafael Municipal Code is hereby repealed in its entirety and replaced with the following:

CHAPTER 3.36 – SPECIAL LIBRARY SERVICES PARCEL TAX

3.36.010 -- Purposes.

This Chapter is adopted to achieve the following, among other purposes, and the City Council directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To staff, provide, and maintain hours of operation, services, equipment, and materials at the San Rafael Public Library; and
B. To provide programs and materials for children, teens, adults, seniors, literacy learners, and people with disabilities at the San Rafael Public Library.

3.36.020 -- Definitions.

As used in this Chapter:

A. “Library” means the San Rafael Public Library;
B. “Living unit” means an individual dwelling space intended for occupancy by one or more persons, and shall specifically include a manufactured home/mobile home as defined in section

20.04.020H of this Code.

C. “Parcel” means any parcel of land, vacant, or improved, and wholly or partially located within the City of San Rafael, for which the County Assessor of Marin County has assigned an assessor’s identification number for purposes of property tax collection.

D. “Single family residential parcel” means any parcel that is determined by the City of San Rafael from records on file with the County of Marin or the City of San Rafael to be used or zoned to allow for a single primary living unit, regardless whether such parcel may be designated on the rolls of the County Assessor as “subject to exemption,” and may include an attached single family residence such as a condominium, townhouse or stock cooperative.

E. “Multifamily residential parcel” means any parcel used or zoned for multiple living units as determined by the City of San Rafael from records on file with the County of Marin or the City of San Rafael, and including but not limited to parcels designated on the rolls of the Marin County Assessor as used for multiple family or duplex residential use, and such parcels that may be designated for multiple manufactured homes/mobile homes, or as “subject to exemption.” F. “Nonresidential parcel” means any parcel that is not a “single family residential parcel” or a “multifamily residential parcel” or an “other residential parcel” as defined herein.

G. “Other residential parcel” means any parcel other than a “single family residential parcel” or “multifamily residential parcel” that is improved with or zoned to allow one or more living units as determined by the City of San Rafael from records on file with the County of Marin or the City of San Rafael, including but not limited to a parcel with mixed residential and other use, a parcel with a 3 “second dwelling unit” as defined in section 14.03.030 of this Code, and a parcel that may be designated for multiple manufactured homes/mobile homes, and regardless whether such parcel may be designated on the rolls of the Marin County Assessor as “subject to exemption,” commercial, or industrial.

H. “Tax” means the Special Library Services Parcel Tax imposed under the provisions of this Chapter.

3.36.030 -- Imposition of Tax.

An annual Special Library Services Parcel Tax is hereby imposed pursuant to City Charter and Government Code section 53717 on each parcel within the City of San Rafael for the purposes set forth in this Chapter, at the following rates:

Single-family residential parcel: Seventy-four dollars and eighteen cents ($74.18) per parcel.

Multifamily residential parcel or
Other residential parcel: Seventy-four dollars and eighteen cents ($74.18) per parcel plus twelve dollars and eighteen cents
($12.54) per living unit in excess of one, up to a
maximum tax of $1,258.68 per year per parcel.

Nonresidential parcel: Seventy-four dollars and eighteen cents ($74.18) per parcel.

The foregoing tax rates shall be adjusted annually after the 2026-2027 fiscal year, commensurate with the annual percentage increase, if any, in the previous fiscal year to the San FranciscoOakland-San Jose Price Index for All Urban Consumers (“CPI”), not to exceed 3% annually. In no event shall such adjustment cause the foregoing tax rates to be adjusted downward.

3.36.040 – Term.

The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually for nine (9) years commencing in fiscal year 2026-2027.

3.36.050 -- Proceeds of Tax; Accountability Measures.

All proceeds of the Special Library Services Parcel Tax imposed and levied pursuant to this Chapter shall be deposited into a separate “Special Library Services Parcel Tax” account to be used exclusively locally for the Library for the purposes set forth in this Chapter. The City’s Finance Director shall prepare an annual report pursuant to Government Code Section 50075.3.

3.36.060 – Persons Liable for Tax; Collection of Tax.

The tax imposed by this Chapter is not an ad valorem tax on property. The tax imposed by this Chapter is due from every person who is the owner of a parcel within the City of San Rafael, as reflected upon the rolls of the County Assessor of Marin County, unless that person or parcel is otherwise exempted by this Chapter. The Marin County Tax Collector shall collect the tax in the same manner and subject to the same penalties as County property taxes are collected. The full amount due under this Chapter shall constitute a debt to the City. An action for the collection of any amount due may be commenced in the name of the City in any court having jurisdiction of the cause. 4 3.36.070 – Exclusions and Exemptions.

A. Nothing in this chapter shall be construed as imposing a tax upon any person where imposition of such tax upon that person would be in violation of either the United States Constitution or the California State Constitution or other applicable law.

B. The tax imposed by this chapter shall not be levied in any tax year upon any federal, state or local governmental entity.

C. An optional exemption (heretofore the "Senior Citizen Exemption") from the tax imposed by this chapter shall be made available annually to each individual in the City who is eligible to obtain a Senior Tax Exemption as set forth in San Rafael Municipal Code Section 3.42.020, and who applies for such exemption to the City on or before June 1st of each tax year, or during the first year of the tax at a date to be determined by the Tax Collector. Any application for such exemption must be submitted to the Tax Collector, pursuant to any rules and regulations of the Tax Collector.

3.36.080 -- Independent Resident Oversight.

The City's Voter-Approved Tax Oversight Committee, established by City Council Resolution No. 15118, and as subsequently amended, shall review the collection and expenditure of tax revenues under the authority of this Chapter. The terms of the Committee members and their specific duties shall be established by resolution of the City Council.

DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal.

Code Regs. Section 15061(b)(3)).

DIVISION 4. 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 portions of this Ordinance. The Council 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 be declared invalid. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.b
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Parking Services Division
Prepared by: Jim Myhers
Parking Services Manager
City Manager Approval: ______________
TOPIC: AMENDMENTS TO MUNICIPAL CODE RELATED TO BAIL SCHEDULE REPEAL AND

PARKING REGULATION CLARIFICATION
SUBJECT: 1. AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE; CEQA DETERMINATION:

EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5); AND

2. AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE, CHAPTER 5.48 STOPPING, STANDING OR PARKING

RESTRICTED OR PROHIBITED ON CERTAIN STREETS, TO CLARIFY APPLICABILITY TO OFF-STREET PARKING FACILITIES: CEQA DETERMINATION:

EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5)
RECOMMENDATION:

Staff recommends that the City Council first introduce an ordinance repealing Chapter 5.74 (Bail Schedule for Violations) of the San Rafael Municipal Code, waive further reading, and refer to it by title only, and introduce an ordinance amending Chapter 5.48 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets), waive further reading, and refer to it by title only.

BACKGROUND:

Chapter 5.74 of the San Rafael Municipal Code (SRMC) was adopted in 1975 and lists specific parking violations and the accompanying fines for each. For example, expired meter violations in this section carry a fine of $3.00, and an abandoned vehicle fine is $50.00. This specific chapter was superseded and became effectively unenforceable when the state enacted AB 408 in 1992. AB 408 said that parking violations were no longer considered infractions but were to be treated as civil offenses subject to civil penalties and administrative enforcement.

ANALYSIS:

Section 40203.5 of the Vehicle Code allows the local authority to determine parking violation fines, and the City Council may, by resolution, set the dollar amounts for each specific parking violation. The Council has taken this specific action several times over the years, with the last resolution passed in 2022 as part of the master fee schedule update.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
SRMC Chapter 5.48 enables the City Traffic Engineer to regulate stopping, standing, or restricting parking on certain streets. This amendment will add language to the existing code to include off-street parking facilities, so that all city-owned and managed parking facilities are subject to enforcement by SRMC Chapter 5.48.

The purpose of these proposed actions is to clarify and update our regulations in accordance with new state laws and the latest master fee schedule.

Adoption of this resolution aligns with the goals of the City’s FY 2025-2028 Strategic Plan, including Goal F.2 “Innovate City systems and operations to improve service delivery, customer experience, responsiveness and transparency.”
FISCAL IMPACT:

There will be no fiscal impact from adopting the ordinances.

OPTIONS:

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

1. Hold a public hearing to consider the ordinances and pass to print

2. Make minor modifications to the ordinances and pass to print

3. Take no action
RECOMMENDED ACTION:

ATTACHMENTS

1. Attachment A: Ordinance to repeal Chapter 5.74 Bail Schedule for Violations

2. Attachment B: Ordinance to amend Chapter 5.48 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL SCHEDULE FOR

VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE
WHEREAS, in 1975 the San Rafael City Council adopted Ordinance No. 1199 added Chapter 5.74 to the San Rafael Municipal Code in 1975 to set the bail schedule for parking violations; and
WHEREAS, in 1992, the State of California passed AB402, which provides that parking violations were no longer to be treated as infractions within the criminal justice system but were to be treated as civil offenses subject to civil penalties and administrative enforcement, rendering Ordinance No. 1199 unenforceable; and WHEREAS, sections 32 and 40203.5 of the California Vehicle Code allows a local authority to set those civil penalties for parking violations via resolution; and WHEREAS, most recently, the City Council adopted Resolution No. 15180 establishing the current civil penalty amount for parking violations; and

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

DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Repeal of Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code
Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code is hereby repealed and deleted in its entirety.

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 17th day of February 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of March 2026 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO AMEND CHAPTER 5.48 REGARDING

PARKING IN OFF-STREET PARKING FACILITIES
WHEREAS, the San Rafael Municipal Code (SRMC) at Chapter 5.48 permits the traffic engineer to regulate stopping, standing or parking on certain street; and WHEREAS, the SRMC at Chapter 5.60 regulates parking in off-street parking facilities operated by the city; and
WHEREAS, Section 22519 of the California Vehicle Code allows for local authorities to regulate their off-street parking facilities in the same manner as on street parking facilities; and
WHEREAS, orderly and consistent parking regulation on streets and off-street parking supports the provision of high-quality parking services.

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

DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Chapter 5.48 of the San Rafael Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions shown in strikethrough:

Section 5.48.010 - City traffic engineer to regulate parking The city traffic engineer, shall, from time to time, regulate, restrict or prohibit parking upon specified streets and off-street parking facilities and during specified hours and cause notice of such regulations to be given by the placing of suitable signs or curb markings upon the streets, or portions thereof, affected thereby.

Section 5.48.020 - Compliance with signs or curb markings When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions as in this title provided, are in place, no person shall stop, park or leave standing any vehicle upon any street or alley or off-street parking facility, at any time or in any manner forbidden or contrary to said signs or markings.

Section 5.48.030 - Parking space markings
The city traffic engineer is authorized to install and maintain parking space markings to indicate parking space adjacent to curbings where authorized parking is permitted.

When such parking space markings are placed in a highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.

DIVISION 3. CEQA Determination.

DIVISION 4. Publication; Effective Date.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 3.c
Meeting Date: February 17, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Christina Ratcliffe, AICP
Planning Consultant
Micah Hinkle, Community and
Economic Development Director
City Manager Approval: ___________
TOPIC: APPEALS OF PLANNING COMMISSION APPROVAL FOR MIXED-USE DEVELOPMENT AT 700 IRWIN STREET
SUBJECT: RESOLUTIONS OF THE CITY COUNCIL DENYING THE THREE APPEALS OF AND

UPHOLDING THE PLANNING COMMISSION DETERMINATION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED25-031) AND ASSOCIATED

CONDITIONS OF APPROVAL AND A BELOW MARKET RATE (BMR) AGREEMENT

TO ALLOW FOR THE DEMOLITION OF AN EXISTING VACANT OFFICE BUILDING AND DEVELOPMENT OF A NEW MIXED-USE BUILDING WITH 200 RESIDENTIAL UNITS AND COMMERCIAL SPACE LOCATED AT 700 IRWIN STREET (APN 014-132- 18) AND DETERMINING THE PROJECT IS STATUTORILY EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66 RECOMMENDATION:

Staff recommends the City Council hold a public hearing on the appeals of the Planning Commission determination on January 13, 2026, of (1) Steven Bryant, (2) Paul Kasbar and Ken Dickinson, and (3) Alezz Laielen. Staff recommends that, following the public hearing, the City Council adopt a:

1. Resolution denying the appeal filed by Steven Bryant of the Planning Commission’s approval of an Environmental and Design Review Permit (ED25-031) to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

2. Resolution denying the appeal filed by Paul Kasbar and Ken Dickinson of the Planning Commission’s approval of an Environmental and Design Review Permit (ED25-031) to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from California Environmental Quality Act (CEQA) Review pursuant to Public Resources Code Section 21090.66.

3. Resolution denying the appeal filed by Alezz Laielen of the Planning Commission’s approval of an Environmental and Design Review Permit (ED25-031) to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

4. Resolution Upholding the Planning Commission approval of and approving an Environmental and Design Review Permit (ED25-031), associated Conditions of Approval and a Below Market Rate (BMR) Housing Agreement, to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

BACKGROUND:

On January 13, 2026, the San Rafael Planning Commission approved the issuance of an Environmental and Design Review Permit to construct 200 residential units at 700 Irwin Street. The Planning Commission’s approval took place at a duly noticed public meeting that included oral and written public testimony, and the written and oral report of the Community and Economic Development (CED) Department staff. The Planning Commission’s approval was subject to CED staff’s proposed conditions of approval, which were memorialized in a Resolution of Approval. The complete record from the Planning Commission hearing including the staff report, resolution, conditions of approval, BMR agreement, Consistency Analysis, AB 130 CEQA checklist, Applicant’s submittal package, including plan set, project description, Geotechnical Report and Local Transportation Analysis, and all written public comments are linked here as Attachment 5 and provide a more thorough background and analysis of the project, all of which remains applicable to the subject public hearing.

After the January 13, 2026 Planning Commission meeting, the City of San Rafael received three timely appeals of the Planning Commission’s January 13, 2026, decision adopting Resolution number 26-01, approving an Environmental and Design Review Permit (ED25-031), associated Conditions of Approval and a Below Market Rate (BMR) Housing Agreement, to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

Each of these three appeals is discussed in the Analysis section below, in the order in which they were received, and are attached hereto as Attachment 6.

Staff notes that the application for the Project is subject to SB 330, the State Density Bonus Law (SDBL), the CEQA exemption for infill development specified in AB 130, and the Housing Accountability Act (HAA), among other state housing laws.

1. Pursuant to the Housing Accountability Act, the City may not deny a housing development project or reduce its density if the project is consistent with State law and applicable City objective development standards, unless the City can make certain enumerated findings. Specifically, the City may disapprove a housing development project or reduce its density if the City finds that (a) the housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and (b) There is no feasible method to satisfactorily mitigate or avoid these adverse impact identified other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (Gov. Code § 65589.5(j)) Failure of a public entity to comply with the Housing Accountability Act could lead a Court to order approval of a housing development project, the public entity paying the petitioner’s attorney’s fees, and fines of up to $10,000 per unit. (Gov. Code §§ 65589.5(k)(1)(A)(ii)- SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
(B); 65914.2(b)(1)). If a court determines that the public entity has acted in bad faith in violating the Housing Accountability Act, the court can multiply this fine by 5. (Gov. Code § 65589.5(l))

The Project complies with all applicable, objective general plan and zoning standards and criteria, as modified by a density bonus, concessions, and waivers pursuant to SDBL. The City has not identified any significant, quantifiable, direct, and unavoidable impacts on public health and safety, based on objective, written standards, that would result from the development of the Project.

Under the new CEQA exemption created by AB 130, infill housing development projects that satisfy specified criteria are exempt from CEQA. Staff has determined that the proposed Project meets all the qualifications for AB 130, such that the Project is statutorily exempt from CEQA.

The City conducted the tribal consultation required under the new CEQA exemption (see PRC § 21080.66(b)) with the Federated Indians of Graton Rancheria.

Per the new project processing deadlines created by AB 130, the City must approve or disapprove the Project within 30 days from the later of (1) the conclusion of tribal consultation and (2) the date on which the Project was deemed consistent with applicable objective standards. (Gov. Code § 65950) Tribal consultation concluded on November 25, 2025, and the Project was deemed consistent with all applicable objective standards on December 19, 2025. The Planning Commission approved the project on January 13, 2026, and has met the AB130 processing timing standards. All deadlines for the Project have been met in a timely manner.

ANALYSIS:

The following analyses discuss the major points in each of the three appeals and respond to each of these points. The findings and conclusions regarding the appeals are set forth in the Draft Denial Resolutions - Attachments 1, 2, and 3, attached hereto.

Appeal filed by Steven Bryant, January 15, 2026
The grounds upon which the Appellant has appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission's actions and deny the project, for the following reasons:

A. The approved concessions are not contrary to state or federal law.

The Appeal states that approval of a concession pursuant to SDBL (Government Code § 65915 et seq.) is not required where the concession is contrary to state or federal law. The SDBL defines “concessions” or “incentives” as: (1) a reduction in site development standards such as a reduction in setbacks or square footage requirements, that result in actual, identifiable cost reductions for affordable housing; (2) approval of mixed-use zoning; and (3) other regulatory incentives that result in actual, identifiable cost reductions for affordable housing. (Gov. Code § 65915(k))
The applicant requested the following concessions:

1. A concession from the “size” requirement of Section C(1) of Resolution 14890. Affordable housing units shall be comparable in size to the market-rate units within the residential development project, as measured by net habitable square footage. “Comparable size” means having habitable square footage proportionate to the range of unit sizes provided for market-rate units in the project. (Section C(1) of Resolution 14890; SRMC Ch. 14.16.030). Affordable units in the Project are, on average, slightly smaller than market-rate units, measured in net habitable square footage.

Applicants request a concession to allow for noncompliance with this standard.

2. A concession from the “type” requirement of Section C(1) of Resolution 14890. Affordable housing units shall possess a distribution of bedroom counts proportionate to that of the market-rate units SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
within the residential development project. (Section C(1) of Resolution 14890; SRMC Ch.

14.16.030). Compliance with this standard requires 1-to-1 proportionality for bedroom counts between affordable units and market-rate units. The percentage breakdown of studios, 1- bedroom, 2-bedroom, and 3-bedroom market-rate units in the Project is different than the percentage breakdown for affordable units. Applicants request a concession to allow for noncompliance with this standard.

3. A concession from the “amenities” requirement of Section C(2) of Resolution 14890. The exterior and interior design of the affordable housing units shall be of the same design, materials, amenities, quality of finish, and appearance as the other developed units. (Section C(2) of Resolution 14890; SRMC Ch. 14.16.030). A much smaller proportion of affordable units in the Project have balconies than the proportion of market-rate units that contain balconies. Applicants request a concession to allow for noncompliance with this standard.

The SDBL, specifically, Government Code Section 65915(d)(1), requires that a city “grant the concession or incentive requested by the applicant” unless certain findings can be made. The SDBL does not require that a city make any particular findings in order to approve a requested concession. Rather, the SDBL requires a city to make one of three findings if the city denies a requested concession. Such reasons upon which a city may base its denial of a concession include:

1. The concession or incentive does not result in identifiable and actual cost reductions [. . .] to provide for affordable housing costs.

2. The concession or incentive would have a “specific, adverse impact upon public health and safety impact without rendering the development unaffordable to low-income and moderate-income households.” As explained above, a “specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions.”

3. The concession or incentive would be contrary to state or federal law.

The SDBL further directs that a city “shall bear the burden of proof for the denial of a requested concession.” (Gov. Code § 65915(d)(4)) The City has not found that any of the SDBL’s enumerated reasons upon which denial of a concession may be based are met here. Specifically:

1. An applicant is not required to show, and a city is not required to affirmatively find, that concessions would actually result in cost reductions. The City has no evidence to support a finding that the requested concessions would not result in actual cost reductions for the Project.

2. The City has evaluated whether the City has adopted any written public health or safety standards, which standards establish that waiver of the above-referenced development standards would create significant, quantifiable, direct, and unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

3. The requested concessions are not contrary to state or federal law.

For these reasons, this is not a basis to grant the Appeal.

B. The Appeal does not establish that the Project violates fair housing laws.

The Appeal states that the Project creates a segregated living pattern by clustering the required affordable housing units on “specific, contiguous floors of the building, while market rate units are located on different floors.” The Appeal does not specifically identify local, state, or federal laws with which this Project feature is inconsistent.

The Project proposes to cluster all required affordable housing units on floors 5-11 (no affordable housing units are proposed to be located on floors 12-17). The City’s affordable housing development standards SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
require that affordable housing units required pursuant to the City’s inclusionary housing requirements be dispersed throughout a housing development project. The regulations allow for “[u]nits [to] be clustered within the residential project when the city determines that such clustering furthers affordable housing opportunities.” (See San Rafael City Council Resolution 14890, section C(1).) The Appeal also states that the use of a concession to allow a disproportionate number of affordable housing units to contain balconies as compared to market-rate units containing balconies is contrary to fair housing laws. The Appeal does not specifically identify local, state, or federal laws with which this Project feature is inconsistent.

The proposed project proposes that 36.5% (e.g., 62 of 170) of the market rate units contain exterior balconies, and only 23.3% (e.g., 7 of 30) of the affordable housing units contain exterior balconies.

The City’s affordable housing regulations require the exterior and interior design of affordable housing units required pursuant to the City’s inclusionary housing regulations to be of the same design, materials, amenities, quality of finish, and appearance as the market rate units. (See Resolution 14890, section C(2).)
The Department of Housing and Community Development (HCD) has advised that a project may utilize an SDBL concession to modify local inclusionary zoning requirements, even where those standards are meant to create greater access and equity between affordable and market-rate units. Specifically, HCD has advised: “[A] concession can be used to modify certain provisions of an inclusionary ordinance. In addition to requiring that a minimum percentage of units in a project are provided as deed-restricted affordable units, inclusionary ordinances sometimes contain other requirements and development standards, such as dispersal requirements, design comparability requirements, mandated proportions of affordability, or (as seen in the subject project) a requirement that a proportion of the affordable units be provided for-sale. An SDBL concession can be used to modify a development standard or zoning code requirement if doing so would result in a construction or operational cost reduction in providing affordable housing (i.e., improve the economic feasibility of the project).” Sonoma County Sonoma Development Center Letter of TA, April 26, 2024
While the City has not taken a position on whether it agrees with HCD’s aforementioned interpretation of the SDBL, the City is aware that this is the State’s interpretation of this State law. To the extent HCD is correctly interpreting the SDBL (as set forth in their technical assistance to Sonoma County, City of Sonoma, Menlo Park and West Hollywood), such an interpretation would likely lead to HCD’s conclusion that the Project is entitled to utilize a concession to cluster affordable housing units and not provide the same amenities as between the affordable and market rate units.

Lastly, the Appeal also states that the Project appears to have been granted a concession to diverge from the City’s Affirmatively Furthering Fair Housing (or “AFFH”) obligations. No such concession was applied for, and no such concession was granted by the City.

State law requires public agencies to administer housing and community development programs in a manner that affirmatively furthers fair housing by taking actions to overcome segregation and foster inclusive communities free from barriers to opportunity. (Gov. Code § 8899.50) Additionally, when adopting housing elements, cities are required to include an AFFH program and fair housing analysis that assess local patterns and trends and identify actions to promote fair housing in their planning process.

The Appeal has not pointed to any City housing or community development that fails to meet State law AFFH requirements. The City’s sixth cycle Housing Element was certified by HCD in 2024, confirming that the Housing Element meets housing element AFFH requirements. The granted waivers, incentives, and concessions pursuant to State law do not establish that the City has failed to administer City housing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
programs in a manner that furthers fair housing. No City Housing Element programs are impacted or modified by the issuance of the above-referenced waivers or concessions.

Therefore, this is not a basis upon which to grant the Appeal.

C. The Planning Commission did not improperly abdicate its discretion in approving the Project.

The Appeal notes that the City determined the Project was ineligible for streamlined, ministerial processing pursuant to AB 2011 and, therefore, the Project should not be processed ministerially. The City agrees.

The City also acknowledges that State law, namely the Housing Accountability Act, the SDBL, and AB 130, reserves to cities certain, limited discretion for projects subject to the purview of these laws. For the reasons explained above, both the Housing Accountability Act and SDBL limit the City’s ability to deny the Project or condition its approval on reduced density (and/or associated massing), even when exercising discretion.

D. The Planning Commission was not required to make findings not set forth in the Municipal Code or State law.

The Appeal states that additional findings would have assisted in demonstrating that all mandatory legal considerations were applied. Specifically, the Appeal states that the Planning Commission did not make the following findings:

1. Whether the approved concessions result in a project inconsistent with other state or federal law;

2. Whether the concentration of affordable units by floor avoids segregation;

3. Whether differences in unit-level features raise fair housing considerations;

4. How the limitation in Gov. Code section 65915(d)(1)(C) was evaluated.

There are no applicable requirements for the Planning Commission to have made such findings prior to approval of the Project. The Planning Commission and the City Council may, but need not, take positions on these matters in approving the Project.

Appeal filed by Paul Kasbar and Ken Dickinson, January 16, 2026 The grounds upon which Appellants have appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission’s actions and deny the project, for the following reasons:

A. The Planning Commission properly approved the requested SDBL waivers and incentives/concessions, and the SDBL does not require findings to be made to approve such waivers or incentives/concessions.

The Appeal incorrectly states the procedural requirements of the SDBL. First, the SDBL separately establishes waivers and incentives/concessions. Each is described in further detail below. Second, the appellant’s assertions that the approval of any waiver or concession “must be supported by substantial evidence demonstrating that it is necessary to provide affordable housing and does not create a specific, adverse impact on public health, safety, or the physical environment” is incorrect. The SDBL imposes no such requirement.

The SDBL (specifically, Government Code Section 65915(e)(1)) requires cities to waive any development standard that “will have the effect of physically precluding the construction of a development [. . .] at the densities or with the concessions or incentives permitted under” the SDBL. The applicant’s application for a density bonus, concessions, and waivers provided that eight City development standards would SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
physically preclude the proposed Project at the densities allowed under the City’s Downtown Precise Plan (“DPP”) and the SDBL (See pp. 21 – 23 of the Staff Report to the Planning Commission).

Specifically, the applicant explained that the proposed Project could not be constructed at a density of 200 units/0.58 acre (100% density bonus) without the following standards set forth in the DPP being waived:

1. SRMC Section 14.18.090.E.4 (Bicycle Parking). Waiver from the requirement that projects shall provide at least an 18-inch clearance from the centerline of adjacent bicycles on the left and right, and at least 10 inches to walls and other obstructions.

2. DPP Section 2.3.050 (Bicycle Parking). Waiver of the requirement to provide a minimum of 271 bicycle parking spaces, authorizing a reduced total quantity of 60 on-site bicycle parking spaces.

3. SRMC Section 14.18.100.A & B (Parking Space Dimensions). Waiver of minimum dimensional standards for parking spaces to allow for the use of a mechanized parking system on floors 3 through 5.

4. SRMC Section 14.18.130.A (Parking Facility Dimensions and Design). Waiver of minimum dimensions for parking lot layout and drive aisle width in vehicle parking areas managed by the mechanized parking system on floors 3 through 5, to allow for the use of a space-saving mechanized parking system.

5. DPP Section 2.3.050(H) (Parking). Waiver of the parking controls established in DPP Section

2.3.050(H). The Project requires 170 parking spaces for the residential component and 11 for the commercial component (total of 181). The project proposes providing 226 spaces accessed via a mechanical lift system, plus 5 conventional spaces. Because the applicant is proposing a mechanical parking system, the requested waiver is also from the drive aisle width requirements.

The applicant states that providing additional parking spaces and compliant drive aisle widths and parking space dimensions as required by DPP Section 2.3.050(H) would require dedicating substantially more floor area to parking, which would result in a loss of residential space within the building. Accordingly, the parking requirements established in DPP Section 2.3.050(H) would physically preclude the Project from being constructed at the proposed density.

6. DPP Section 2.3.050 (Building Form and Maximum Envelope – Overall Building Height). Waiver of 50-foot height limit in T5N 50/70 to allow an overall roof height of 180 feet (excluding parapet) that accommodates the 100 percent bonus density allowed by the state.

7. DPP Section 2.3.050 (Building Form and Maximum Envelope – Stepbacks). Waiver of the 10-foot minimum stepback requirement on the front, side street, and rear facades at heights 45-feet and above, to allow for a vertical façade without stepbacks.

8. DPP Section 3.3.010 (Frontage Standards). Waiver of the requirement for the side street façade (e.g., Irwin St.) to provide at least one eligible DPP frontage-type on the façade, to allow for a façade type not specified in DPP Section 2.3.050, Table F or Table 3.3.020.B.

The SDBL does not require that a city make findings to approve a requested waiver. The City need not approve a waiver of development standards where the waiver “would have a specific, adverse impact, as defined upon health or safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.” (Gov. Code § 65915(e)(1)) A “specific, adverse impact” is defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions.” (Gov. Code § 65589.5(d)(2)) The City has evaluated whether it has adopted any written public health or safety standards, which standards establish that waiver of the above-referenced development standards would create significant, quantifiable, direct, and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

The SDBL defines “concessions” or “incentives” as: (1) a reduction in site development standards such as a reduction in setbacks or square footage requirements, that result in actual, identifiable cost reductions for affordable housing; (2) approval of mixed-use zoning; and (3) other regulatory incentives that result in actual, identifiable cost reductions for affordable housing. (Gov. Code § 65915(k)) The applicant requested the following concessions:

Applicant requests a concession to allow for noncompliance with this standard.

14.16.030). Compliance with this standard requires 1-to-1 proportionality for bedroom counts between affordable units and market-rate units. The percentage breakdown of studios, 1- bedroom, 2-bedroom, and 3-bedroom market-rate units in the Project is different than the percentage breakdown for affordable units. Applicant requests a concession to allow for noncompliance with this standard.

3. A concession from the “amenities” requirement of Section C(2) of Resolution 14890. The exterior and interior design of the affordable housing units shall be of the same design, materials, amenities, quality of finish, and appearance as the other developed units. (Section C(2) of Resolution 14890; SRMC Ch. 14.16.030). A much smaller proportion of affordable units in the Project have balconies than the proportion of market-rate units that contain balconies. Applicant requests a concession to allow for noncompliance with this standard.

The SDBL (specifically, Government Code Section 65915(d)(1)) requires that a city “grant the concession or incentive requested by the applicant” unless certain findings can be made. The SDBL does not require that a city make any particular findings in order to approve a requested concession. Rather, the SDBL requires a city to make one of three findings if the city denies a requested concession. Such reasons upon which a city may base its denial of a concession include:

1. The concession or incentive does not result in identifiable and actual cost reductions [. . .] to provide for affordable housing costs.

2. The concession or incentive would have a “specific, adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.” As explained above, a “specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions.”

3. The concession or incentive would be contrary to state or federal law.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9

3. The requested concessions are not contrary to state or federal law.

The SDBL does not require a city to make findings prior to approving an incentive/concession or waiver.

Furthermore, for the reasons specified above, the Planning Commission’s determination to approve the requested incentives/concessions and waivers is consistent with the SDBL. Therefore, this is not a basis to grant the Appeal.

B. The approval of waivers does not violate statutory requirements, and a project’s potential to create impacts is not alone sufficient to deny a waiver.

The Appeal claims that “approving waivers while acknowledging unresolved circulation and emergencyaccess risk is internally inconsistent and violates statutory requirements.” The Appeal does not specify any particular statutory requirement that has been violated, and for the reasons explained in section (a) above, approval of waivers is consistent with State law. Furthermore, there are no Level of Service (LOS) standards that apply to the Project because neither the zoning code, General Plan, nor DPP includes LOS standards that apply in the DPP area. Because the project is exempt from CEQA pursuant to AB 130 (see Public Resources Code Section 21080.66), traffic and circulation impacts, which might be analyzed in certain contexts pursuant to CEQA, were not analyzed pursuant to CEQA. The San Rafael Fire Department reviewed the Project, including all conditions of approval, and determined that the project, as conditioned, will meet emergency access requirements. Conditions include, but are not limited to: a) the design and construction of all site alterations shall comply with the 2025 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments; and b) that Fire safety & evacuation plans conforming to CA Fire Code section 403.10.2 & 404.2.1 are required and shall be prepared by a qualified professional.

Therefore, this is not a basis to grant the Appeal.

C. The Planning Commission properly considered all objective standards applicable to the Project.

The Housing Accountability Act precludes local jurisdictions from denying a housing development project or reducing its density if the project is consistent with objective standards. “Objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9)) The Appeal claims that the Planning Commission erred by “fail[ing] to evaluate evacuation feasibility and resident vehicle access” in the event of “power outages, system failures, fire events, flooding, and other evacuation scenarios.” The City has reviewed applicable objective standards related to evacuation specified by local and state law and found no conflict with such standards.

The Appeal also claims that the Planning Commission erred by failing to “meaningfully analyze or mitigate” impacts due to the “inevitable volume of delivery, service, and loading vehicles required to serve a 200-unit residential building. The City has reviewed applicable objective standards related to delivery, loading, and service vehicles specified by local and state law and found no conflict with such standards.

Therefore, this is not a basis to grant the Appeal.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
D. The Planning Commission did not improperly abdicate its discretion and complied with all applicable statutory timelines in approving the Project.

The Appeal notes that “while state law constrains discretion,” it does not completely eliminate a City’s discretion over a project. The City agrees. The City also acknowledges that State law, namely the Housing Accountability Act, the SDBL, and AB 130, reserves to cities certain, limited discretion for projects subject to the purview of these laws. For the reasons explained above, both the Housing Accountability Act and SDBL limit the City’s ability to deny the Project or condition its approval on reduced density (and/or associated massing), even when exercising discretion.

Additionally, the Project was processed in accordance with the timelines and shot clocks set forth in AB 130, for which the Project qualified. Therefore, this is not a basis to grant the Appeal.

E. The Project is consistent with the General Plan, Downtown Precise Plan, and Zoning Code as modified pursuant to the SDBL
The Appeal claims that the Project is inconsistent with “the City’s adopted strategic plan.” The City is unaware of an applicable strategic plan. To the extent the applicant is suggesting the Project is inconsistent with the DPP or General Plan, the City disagrees.

Pursuant to the Housing Accountability Act, the City may not deny a housing development project or reduce its density if the project is consistent with State law and applicable City objective development standards, unless the City can make certain enumerated findings. Specifically, the City may disapprove a housing development project or reduce its density if the City finds that (a) the housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and (b) There is no feasible method to satisfactorily mitigate or avoid these adverse impact identified other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (Gov. Code § 65589.5(j)(1))
The City has evaluated whether it has adopted any written public health or safety standards that establish that the waiver of the above-referenced development standards would create significant, quantifiable, direct, and unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

As explained above, the SDBL allows for modifications of applicable objective standards through the approval of incentives, concessions, and waivers, which approvals are required in certain circumstances and subject to denial only based on enumerated reasons reserved by the State to local agencies (see further explanation on this above.) State law directs that a Project’s reliance on the SDBL to achieve increased density, increased height, or other deviations from applicable objective standards through the use of concessions and waivers is not a basis to find a project inconsistent with applicable objective standards. (Gov. Code § 65589.5(j)(3))
City staff reviewed the Project’s consistency with applicable objective standards, as modified by the SDBL, and determined the Project is consistent with all applicable objective standards of the General Plan, DPP, and Zoning Code, as modified. Therefore, this is not a basis to grant the Appeal.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11
Appeal filed by Alezz Laielen, January 21, 2026
The grounds upon which Appellant has appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission’s actions and deny the project, for the following reasons:

A. The Planning Commission complied with all applicable statutory requirements in approving the Project.

The Appeal states that a suburb does not have skyscrapers, that San Rafael is a City in the suburb of Marin, and that for this reason, the Planning Commission should not have approved the Project, which is 17 stories tall. The Appeal does not cite any law that supports this definition or conclusion, and the City is not aware of the existence of any such law.

State laws, namely the Housing Accountability Act, the SDBL, and AB 130, constrain a city’s discretion to deny a project or condition a project’s approval on decreased density. Nevertheless, cities maintain some discretion over proposed housing development projects. Here, the City exercised its discretion in imposing over one hundred conditions of approval for the Project. For the reasons explained in the written report of the Community and Economic Development Department staff, and all attachments are linked here as Attachment 5, the City complied with all applicable statutory requirements in approving the Project.

Additionally, the Project was processed in accordance with the timelines and shot clocks set forth in AB 130, for which the Project qualified. Therefore, this is not a basis to grant the Appeal.

B. The Planning Commission properly considered all objective standards applicable to the Project.

The appeal states that the Planning Commission's role is to help maintain the environment of the suburban city of San Rafael.

The Housing Accountability Act precludes local jurisdictions from denying a housing development project or reducing its density if the project is consistent with applicable objective standards, as modified or waived by the SDBL. “Objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9)) City staff reviewed the Project’s consistency with applicable objective standards, as modified by the SDBL, and determined the Project is consistent with all applicable objective standards of the General Plan, DPP, and Zoning Code, as modified.

Maintaining the environment of the suburban city of San Rafael is not an objective standard.

Therefore, this is not a basis to grant the Appeal.

COMMUNITY OUTREACH:

The project has been duly noticed to the public in accordance with SRMC Chapter 14.29. Public Comments received are attached.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended Council action on this item.

OPTIONS:

Pursuant to San Rafael Municipal Code section 14.28.050, after holding public hearings on the three appeals, the City Council shall affirm, modify, or reverse the January 13, 2026, Planning Commission determination approving the Project. The City Council may take any of the following actions:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12

1. Adopt the Resolution Denying the Appeal of Steven Bryant (Attachment 1), and/or the Resolution Denying the appeal of Paul Kasbar & Ken Dickinson (Attachment 2), and/or the Resolution of Alezz Laielen (Attachment 3), and Adopt the Resolution upholding the Planning Commission Approval of an Environmental and Design Review Permit, and associated conditions of approval, and the Below Market Rate (BMR) Housing Agreement for the Project (Attachment 4).

2. Modify the Planning Commission’s approval of the Environmental and Design Review Permit (ED25-031) for the Project.

3. Reverse the Planning Commission’s determination approving ED25-031. If the City Council elects to reverse the Planning Commission’s determination, the City Council should direct staff to return to the City Council with a resolution reversing the Planning Commission’s determination and the basis to support the reversal of the Planning Commission’s determination RECOMMENDED ACTION:

2. Resolution denying the appeal filed by Paul Kasbar and Ken Dickinson of the Planning Commission’s approval of an Environmental and Design Review Permit (ED25-031) to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

3. Resolution denying the appeal filed by Alezz Laielen of the Planning Commission’s approval of an Environmental and Design Review Permit (ED25-031) to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

5. Resolution Upholding the Planning Commission approval of and approving an Environmental and Design Review Permit (ED25-031), and its Conditions of Approval, which include a Below Market Rate (BMR) Housing Agreement, to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street (APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66.

ATTACHMENTS:

1. Draft Resolution Denying the Appeal of Steven Bryant

2. Draft Resolution Denying the Appeal of Paul Kasbar and Ken Dickinson

3. Draft Resolution Denying the Appeal of Alezz Laielen

4. Draft Resolution Upholding the Planning Commission approval of and approving an Environmental and Design Review Permit (ED25-031), and its Conditions of Approval, which include a Below Market Rate (BMR) Housing Agreement, to allow for development of a new mixed use building with 200 residential units and commercial space located at 700 Irwin Street SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13
(APN 014-132-18) and determination that the project is statutorily exempt from CEQA Review pursuant to Public Resources Code Section 21090.66

5. Planning Commission Packet, including 700 Irwin Staff Report and all attachments, January 13, 2026

6. Appeals: (1) Steven Bryant, (2) Paul Kasbar and Ken Dickinson, (3) Alezz Laielen

7. Public Comment
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

DENYING THE APPEAL FILED BY STEVEN BRYANT OF THE PLANNING COMMISSION’S APPROVAL OF AN ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED25-031) TO ALLOW FOR DEVELOPMENT OF A NEW MIXED-USE BUILDING WITH 200 RESIDENTIAL UNITS AND COMMERCIAL SPACE LOCATED AT 700 IRWIN STREET (APN 014-132-18) AND

DETERMINATION THAT THE PROJECT IS STATUTORILY EXEMPT FROM

CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION
21080.66
WHEREAS, on November 6, 2024, 700 IrwinStreetPartners (“Applicant”) submitted to the City of San Rafael (“City”) a preliminary application for a housing development project (“Project”) pursuant to Government Code section 65941.1 located at 700 Irwin Street (APN 014-132-18) (“Project Site”); and
WHEREAS, on April 10, 2025, Applicant submitted a development application for the Project (Environmental and Design Review Permit ED25-031), proposing a new mixed-use building with 200 residential units and ground floor commercial space on the Project Site, including requests for concessions and waivers under the State Density Bonus Law (Gov. Code 65915) (“SDBL”); and WHEREAS, on May 9, 2025, after reviewing the submitted application, the City deemed the application incomplete; and
WHEREAS, on June 17, 2025, Applicant resubmitted a revised application to the City; and WHEREAS, on July 14, 2025, after reviewing the resubmitted application, the City deemed the application complete; and
WHEREAS, on September 12, 2025, after thoroughly comparing the features of the proposed Project with the applicable objective standards, the City issued Applicant a determination that the Project was inconsistent with various sections of the San Rafael Municipal Code (“SRMC”), the Downtown Precise Plan, and General Plan 2040; and
WHEREAS, on October 24, 2025, Applicant submitted revised site plans and additional requests for concessions and waivers under the SDBL; and WHEREAS, on December 19, 2025, after thoroughly comparing the features of the revised Project with the applicable objective standards, the City issued to Applicant a determination that the Project would be consistent with all applicable objective standards if the Planning Commission were to approve the requested SDBL concessions and waivers; and WHEREAS, the proposed Project would demolish the existing 4-story office building on the Project Site and construct a 17-story, 180-foot high building in its place, including 200 dwelling units (of which 15 would be affordable to very low-income households and 15 would be affordable to moderate-income households), 5,000 square feet of commercial space, and other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, lighting, landscaping, and signage; and
WHEREAS, the Project is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and the City carried out all the procedures required by Public Resources Code Section 21080.66(b), and
WHEREAS, all required public notices and a public hearing were duly given and held according to law; and
WHEREAS, on January 13, 2026, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Project, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff, which report and all attachments are linked to the February 17, 2026 staff report to City Council as Attachment 5, and WHEREAS, on January 13, 2026, after closing the public hearing, the Planning Commission reviewed, considered, and evaluated all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project; and WHEREAS, on January 13, 2026, the Planning Commission found the Project statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and adopted Resolution No. 26-01 (“Approval”) approving an Environmental and Design Review Permit (ED25-031) to allow for development of the Project; and
WHEREAS, on January 15, 2026, the City received a timely appeal (“Appeal”) of the Planning Commission’s Approval from Steven Bryant (“Appellant”); and WHEREAS, on February 17, 2026 the City Council held a duly noticed public hearing during which it reviewed, considered, and evaluated the Appeal as well as all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project prior to taking action on the appeal.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby denies the Appeal filed by Steven Bryant, which is attached to the February 17, 2026 staff report to City Council as Attachment 6, of the proposed housing development project located at 700 Irwin Street in Downtown San Rafael based on the following findings:

I. The grounds upon which the Appellant has appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission Actions and deny the project, for the following reasons:
a. The approved concessions are not contrary to state or federal law.

The Appeal states that approval of a concession pursuant to State Density Bonus Laws (Government Code § 65915 et seq.) is not required where the concession is contrary to state or federal law. The SDBL defines “concessions” or “incentives” as: (1) a reduction in site development standards such as a reduction in setbacks or square footage requirements, that result in actual, identifiable cost reductions for affordable housing; (2) approval of mixed-use zoning; and (3) other regulatory incentives that result in actual, identifiable cost reductions for affordable housing. (Gov. Code § 65915(k).)
The applicant requested the following concessions:

1. A concession from the “size” requirement of Section C(1) of Resolution 14890.

Affordable housing units shall be comparable in size to the market-rate units within the residential development project, as measured by net habitable square footage. “Comparable size” means having habitable square footage proportionate to the range of unit sizes provided for market-rate units in the project. (Section C(1) of Resolution 14890; SRMC Ch. 14.16.030).

Affordable units in the Project are, on average, slightly smaller than market-rate units, measured in net habitable square footage. Applicant requests a concession to allow for noncompliance with this standard.

2. A concession from the “type” requirement of Section C(1) of Resolution 14890.

Affordable housing units shall possess a distribution of bedroom counts proportionate to that of the market-rate units within the residential development project. (Section C(1) of Resolution 14890; SRMC Ch. 14.16.030). Compliance with this standard requires 1-to-1 proportionality for bedroom counts between affordable units and market-rate units. The percentage breakdown of studios, 1- bedroom, 2-bedroom, and 3-bedroom market-rate units in the Project is different than the percentage breakdown for affordable units. Applicant requests a concession to allow for noncompliance with this standard.

3. A concession from the “amenities” requirement of Section C(2) of Resolution 14890.

The exterior and interior design of the affordable housing units shall be of the same design, materials, amenities, quality of finish, and appearance of the other developed units. (Section C(2) of Resolution 14890; SRMC Ch. 14.16.030). A much smaller proportion of affordable units in the Project have balconies than the proportion of market-rate units that contain balconies. Applicant requests a concession to allow for noncompliance with this standard.

The SDBL (specifically, Government Code Section 65915(d)(1)) requires that a city “grant the concession or incentive requested by the applicant” unless certain findings can be made.

The SDBL does not require that a city make any particular findings in order to approve a requested concession. Rather, the SDBL requires a city to make one of three findings if the city denies a requested concession. Such reasons upon which a city may base its denial of a concession include:

1. The concession or incentive does not result in identifiable and actual cost reductions [. . .] to provide for affordable housing costs.

3. The concession or incentive would be contrary to state or federal law.

The SDBL further directs that a city “shall bear the burden of proof for the denial of a requested concession.” (Gov. Code § 65915(d)(4).) The City has not found that any of the SDBL’s enumerated reasons upon which denial of a concession may be based, are met here.

Specifically:

2. The City has evaluated whether the City has adopted any written public health or safety standards, which standards establish that waiver of the above referenced development standards would create significant, quantifiable direct and unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

3. The requested concessions are not contrary to state or federal law.

For these reasons, this is not a basis to grant the Appeal. b. The Appeal does not establish that the Project violates fair housing laws.

The Appeal states that the Project creates a segregated living pattern by clustering the required affordable housing units on “specific, contiguous floors of the building, while market rate units are located on different floors.” The Appeal does not specifically identify local, State or federal laws with which this Project feature is inconsistent.

The Project proposes to cluster all required affordable housing units on floors 5-11 (no affordable housing units are proposed to be located on floors 12-17). The City’s affordable housing development standards require that affordable housing units required pursuant to the City’s inclusionary housing requirements, be dispersed throughout a housing development project. The regulations allow for “[u]nits [to] be clustered within the residential project when the city determines that such clustering furthers affordable housing opportunities.” (See San Rafael City Council Resolution 14890, section C(1).) The Appeal also states that use of a concession to allow a disproportionate number of affordable housing units to contain balconies as compared to market rates units containing balconies is contrary to fair housing laws. The Appeal does not specifically identify local, State or federal laws with which this Project feature is inconsistent.

The proposed project proposes that 36.5% (e.g. 62 of 170) of the market rate units contain exterior balconies and only 23.3% (e.g. 7 of 30) of the affordable housing units contain exterior balconies.

The City’s affordable housing regulations require the exterior and interior design of affordable housing units required pursuant to the City’s inclusionary housing regulations to be of the same design, materials, amenities, quality of finish, and appearance as the market rate units. (See Resolution 14890, section C(2).)
The Department of Housing and Community Development (HCD) has advised that a project may utilize an SDBL concession to modify local inclusionary zoning requirements, even where those standards are meant to create greater access and equity as between affordable and market rate units. Specifically, HCD has advised: “[A] concession can be used to modify certain provisions of an inclusionary ordinance. In addition to requiring that a minimum percentage of units in a project are provided as deed-restricted affordable units, inclusionary ordinances sometimes contain other requirements and development standards, such as dispersal requirements, design comparability requirements, mandated proportions of affordability, or (as seen in the subject project) a requirement that a proportion of the affordable units be provided for-sale. An SDBL concession can be used to modify a development standard or zoning code requirement if doing so would result in a construction or operational cost reduction in providing affordable housing (i.e., improve the economic feasibility of the project).” (see Sonoma County Sonoma Development Center Letter of TA, April 26, 2024.)
While the City has not taken a position on whether it agrees with HCD’s aforementioned interpretation of the SDBL, the City is aware that this is the State’s interpretation of this State law. To the extent HCD is correctly interpreting the SDBL (as set forth in their technical assistance to Sonoma County, and other local jurisdictions), such an interpretation would likely lead to HCD’s conclusion that the Project is entitled to utilize a concession to cluster affordable housing units and not provide the same amenities as between the affordable and market rate units.

State law requires public agencies to administer housing and community development programs in a manner that affirmatively furthers fair housing by taking actions to overcome segregation and foster inclusive communities free from barriers to opportunity. (Gov. Code § 8899.50.) Additionally, when adopting housing elements, cities are required to include an AFFH program and fair housing analysis that assess local patterns and trends and identify actions to promote fair housing in their planning process.

The granted waivers, incentives and concessions pursuant to State law does not establish that the City has failed to administer City housing programs in a manner that furthers fair housing. No City Housing Element programs are impacted or modified by the issuance of the above referenced waivers or concessions.

Therefore, this is not basis upon which to grant the Appeal. c. The Planning Commission did not improperly abdicate its discretion in approving the Project.

The Appeal notes that the City determined the Project was ineligible for streamlined, ministerial processing pursuant to AB 2011 and therefore, the Project should not be processed ministerially. The City agrees.

The City also acknowledges that State law, namely the Housing Accountability Act, the State Density Bonus Laws and AB 130, reserve to cities certain, limited discretion for projects subject to the purview of these laws. For the reasons explained above, both the Housing Accountability Act and State Density Bonus Laws limit the City’s ability to deny the Project or condition its approval on reduced density (and/or associated massing), even when exercising discretion.
d. The Planning Commission was not required to make findings not set forth in the Municipal Code or State law.

1. Whether the approved concessions result in a project inconsistent with other state or federal law;

2. Whether the concentration of affordable units by floor avoids segregation;

3. Whether differences in unit-level features raise fair housing considerations;

4. How the limitation in Gov. Code section 65915(d)(1)(C) was evaluated.

There are no applicable requirements for the Planning Commission to have made such findings prior to approval of the Project. The Planning Commission and the City Council, may, but need not take positions on these matters in approving the Project.

II. SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

I, Lindsay Lara, City Clerk of the City of San Rafael, hereby certify that the above and foregoing City Council 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 17th day of February 2026 by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

DENYING THE APPEAL FILED BY PAUL KASBAR AND KEN DICKINSON OF THE PLANNING COMMISSION’S APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED25-031) TO ALLOW FOR DEVELOPMENT OF A NEW MIXED-USE BUILDING WITH 200 RESIDENTIAL UNITS AND
COMMERCIAL SPACE LOCATED AT 700 IRWIN STREET (APN 014-132-18)

AND DETERMINATION THAT THE PROJECT IS STATUTORILY EXEMPT

FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66
WHEREAS, on November 6, 2024, 700 IrwinStreetPartners (“Applicant”) submitted to the City of San Rafael (“City”) a preliminary application for a housing development project (“Project”) pursuant to Government Code section 65941.1 located at 700 Irwin Street (APN 014-132-18) (“Project Site”); and
WHEREAS, on April 10, 2025, Applicant submitted a development application for the Project (Environmental and Design Review Permit ED25-031), proposing a new mixed-use building with 200 residential units and ground floor commercial space on the Project Site, including requests for concessions and waivers under the State Density Bonus Law (Gov. Code 65915) (“SDBL”); and WHEREAS, on May 9, 2025, after reviewing the submitted application, the City deemed the application incomplete; and
WHEREAS, on June 17, 2025, Applicant resubmitted a revised application to the City; and WHEREAS, on July 14, 2025, after reviewing the resubmitted application, the City deemed the application complete; and
WHEREAS, on September 12, 2025, after thoroughly comparing the features of the proposed Project with the applicable objective standards, the City issued Applicant a determination that the Project was inconsistent with various sections of the San Rafael Municipal Code (“SRMC”), the Downtown Precise Plan, and General Plan 2040; and
WHEREAS, on October 24, 2025, Applicant submitted revised site plans and additional requests for concessions and waivers under the SDBL; and WHEREAS, on December 19, 2025, after thoroughly comparing the features of the revised Project with the applicable objective standards, the City issued to Applicant a determination that the Project would be consistent with all applicable objective standards if the Planning Commission were to approve the requested SDBL concessions and waivers; and WHEREAS, the proposed Project would demolish the existing 4-story office building on the Project Site and construct a 17-story, 180-foot high building in its place, including 200 dwelling units (of which 15 would be affordable to very low-income households and 15 would be affordable to moderate-income households), 5,000 square feet of commercial space, and other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, lighting, landscaping, and signage; and
WHEREAS, the Project is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and the City carried out all the procedures required by Public Resources Code Section 21080.66(b), and
WHEREAS, all required public notices and a public hearing were duly given and held according to law; and
WHEREAS, on January 13, 2026, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Project, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff, which report and all attachments are linked to the February 17, 2026 staff report to City Council as Attachment 5; and WHEREAS, on January 13, 2026, after closing the public hearing, the Planning Commission reviewed, considered, and evaluated all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project; and WHEREAS, on January 13, 2026, the Planning Commission found the Project statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and adopted Resolution No. 26-01 (“Approval”) approving an Environmental and Design Review Permit (ED25-031) to allow for development of the Project; and
WHEREAS, on January 16, 2026, the City received a timely appeal (“Appeal”) of the Planning Commission’s Approval from Paul Kasbar and Ken Dickinson (“Appellants”); and WHEREAS, on February 17, 2026 the City Council held a duly noticed public hearing during which it reviewed, considered, and evaluated the Appeal as well as all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project prior to taking action on the appeal.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby denies the Appeal filed by Paul Kasbar and Ken Dickinson, which is attached to the February 17, 2026 staff report to City Council as Attachment 6, of the proposed housing development project located at 700 Irwin Street in Downtown San Rafael based on the following findings:

I. The grounds upon which Appellants have appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission Actions and deny the project, for the following reasons:
a. The Planning Commission properly approved the requested SDBL waivers and incentives/concessions and the State Density Bonus Laws do not require findings to be made to approve such waivers or incentives/concessions.

The Appeal incorrectly states the procedural requirements of the State Density Bonus Law (“SDBL”).

First, the SDBL separately establishes waivers and incentives/concessions. Each is described in further detail below. Second, the appellant’s assertions that the approval of any waiver or concession “must be supported by substantial evidence demonstrating that it is necessary to provide affordable housing and does not create a specific, adverse impact on public health, safety, or the physical environment” is incorrect. The SDBL imposes no such requirement.

The applicant’s application for a density bonus, concessions and waivers provided that eight City development standards would physically preclude the proposed Project at the densities allowed under the City’s Downtown Precise Plan (“DPP”) and the SDBL (See pp. 21 – 23 of the Staff Report to the Planning Commission). Specifically, the applicant explained that the proposed Project could not be constructed at a density of 200 units/0.58 acre (100% density bonus) without the following standards, set forth in the DPP being waived:

2. DPP Section 2.3.050 (Bicycle Parking). Waiver of requirement to provide a minimum of 271 bicycle parking spaces, authorizing a reduced total quantity of 60 onsite bicycle parking space.

3. SRMC Section 14.18.100.A & B (Parking Space Dimensions). Waiver of minimum dimensional standards for parking spaces to allow for the use of a mechanized parking system on floors 3 through 5.

5. DPP Section 2.3.050(H) (Parking). Waiver of the parking controls established in DPP Section 2.3.050(H). The Project requires 170 parking spaces for the residential component and 11 for the commercial component (total of 181). The project proposes to provide 226 spaces accessed via a mechanical lift system, plus 5 conventional spaces. Because the applicant is proposing a mechanical parking system, the requested waiver is also from the drive aisle width requirements. The applicant states that providing additional parking spaces and compliant drive aisle widths and parking space dimensions as required by DPP Section

2.3.050(H) would require dedicating substantially more floor area to parking, which would result in a loss of residential space within the building. Accordingly, the parking requirements established in DPP Section 2.3.050(H) would physically preclude the Project from being constructed at the proposed density.

7. DPP Section 2.3.050 (Building Form and Maximum Envelope – Stepbacks). Waiver of 10-foot minimum stepback requirement on the front, side street and rear facades at heights 45-feet and above, to allow for a vertical façade without stepbacks.

8. DPP Section 3.3.010 (Frontage Standards). Waiver of the requirement for the side street façade (e.g. Irwin St.) to provide at least one eligible DPP frontage-type on the façade, to allow for a façade type not specified in DPP Section 2.3.050, Table F or Table 3.3.020.B.

The SDBL does not require that a city make findings to approve a requested waiver. The City need not approve a waiver of development standards where the waiver “would have a specific, adverse impact, as defined upon health or safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.” (Gov. Code § 65915(e)(1).) A “specific, adverse impact” is defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions.” (Gov. Code § 65589.5(d)(2).) The City has evaluated whether the City has adopted any written public health or safety standards, which standards establish that waiver of the above referenced development standards would create significant, quantifiable direct and unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

The SDBL defines “concessions” or “incentives” as: (1) a reduction in site development standards such as a reduction in setbacks or square footage requirements, that result in actual, identifiable cost reductions for affordable housing; (2) approval of mixed-use zoning; and (3) other regulatory incentives that result in actual, identifiable cost reductions for affordable housing. (Gov. Code § 65915(k).)
The applicant requested the following concessions:

2. A concession from the “type” requirement of Section C(1) of Resolution 14890. Affordable housing units shall possess a distribution of bedroom counts proportionate to that of the market-rate units within the residential development project. (Section C(1) of Resolution 14890; SRMC Ch. 14.16.030). Compliance with this standard requires 1-to-1 proportionality for bedroom counts between affordable units and market-rate units. The percentage breakdown of studios, 1- bedroom, 2-bedroom, and 3-bedroom market-rate units in the Project is different than the percentage breakdown for affordable units. Applicant requests a concession to allow for noncompliance with this standard.

3. A concession from the “amenities” requirement of Section C(2) of Resolution 14890. The exterior and interior design of the affordable housing units shall be of the same design, materials, amenities, quality of finish, and appearance of the other developed units. (Section C(2) of Resolution 14890; SRMC Ch. 14.16.030). A much smaller proportion of affordable units in the Project have balconies than the proportion of market-rate units that contain balconies. Applicant requests a concession to allow for noncompliance with this standard.

Rather, the SDBL requires a city to make one of three findings if the city denies a requested concession. Such reasons upon which a city may base its denial of a concession include:

1. The concession or incentive does not result in identifiable and actual cost reductions [. . .] to provide for affordable housing costs.

3. The concession or incentive would be contrary to state or federal law.

3. The requested concessions are not contrary to state or federal law.

The SDBL does not require a city to make findings prior to approving an incentive/concession or waiver. Furthermore, for the reasons specified above, the Planning Commission’s determination to approve the requested incentives/concessions and waivers is consistent with the SDBL. Therefore, this is not a basis to grant the Appeal.
b. The approval of waivers does not violate statutory requirements and a project’s potential to create impacts is not alone sufficient to deny a waiver.

The Appeal claims that “approving waivers while acknowledging unresolved circulation and emergency-access risk is internally inconsistent and violates statutory requirements.” The Appeal does not specify any particular statutory requirement that has been violated, and for the reasons explained in section (a) above, approval of waivers is consistent with State law. Furthermore, there are no Level of Service (LOS) standards which apply to the Project because neither the zoning code, General Plan or DPP include LOS standards which apply in the DPP area. Because the project is exempt from CEQA pursuant to AB 130 (see Public Resources Code Section 21080.66), traffic and circulation impacts which might be analyzed in certain contexts pursuant to CEQA, were not analyzed pursuant to CEQA. The San Rafael Fire Department reviewed the Project including all conditions of approval and determined that the project, as conditioned, will meet emergency access requirements. Conditions include, but are not limited to: a) the design and construction of all site alterations shall comply with the 2025 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments; and b) that Fire safety & evacuation plans conforming to CA Fire Code section 403.10.2 & 404.2.1 are required and shall be prepared by a qualified professional.

Therefore, this is not a basis to grant the Appeal.
c. The Planning Commission properly considered all objective standards applicable to the Project.

The Housing Accountability Act precludes local jurisdictions from denying a housing development project or reducing its density if the project is consistent with objective standards. “Objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9).) The Appeal claims that the Planning Commission erred by “fail[ing] to evaluate evacuation feasibility and resident vehicle access” in the event of “power outages, system failures, fire events, flooding, and other evacuation scenarios.” The City has reviewed applicable objective standards related to evacuation specified by local and state law and found no conflict with such standards.

The Appeal also claims that the Planning Commission erred by failing to “meaningfully analyze or mitigate” impacts due to “inevitable volume of delivery, service, and loading vehicles required to serve a 200-unit residential building. The City has reviewed applicable objective standards related to delivery, loading, and service vehicles specified by local and state law and found no conflict such standards.

Therefore, this is not a basis to grant the Appeal.
d. The Planning Commission did not improperly abdicate its discretion and complied with all applicable statutory timelines in approving the Project.

The Appeal notes that “while state law constrains discretion,” it does not completely eliminate a City’s discretion over a project. The City agrees. The City also acknowledges that State law, namely the Housing Accountability Act, the State Density Bonus Laws and AB 130, reserve to cities certain, limited discretion for projects subject to the purview of these laws. For the reasons explained above, both the Housing Accountability Act and State Density Bonus Laws limit the City’s ability to deny the Project or condition its approval on reduced density (and/or associated massing), even when exercising discretion.

Additionally, the Project was processed in accordance with the timelines and shot clocks set forth in AB 130, for which the Project qualified. Therefore, this is not a basis to grant the Appeal. e. The Project is consistent with the General Plan, Downtown Precise Plan, and Zoning Code as modified pursuant to the SDBL
The Appeal claims that the Project is inconsistent with “the City’s adopted strategic plan.” The City is unaware of an applicable strategic plan. To the extent the applicant is suggesting the Project is inconsistent with the DPP or General Plan, the City disagrees.

Pursuant to the Housing Accountability Act, the City may not deny a housing development project or reduce its density if the project is consistent with State law and applicable City objective development standards, unless the City can make certain enumerated findings. Specifically, the City may disapprove a housing development project or reduce its density if the City finds that (a) the housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and (b) There is no feasible method to satisfactorily mitigate or avoid these adverse impact identified other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (Gov. Code § 65589.5(j)(1).) The City has evaluated whether the City has adopted any written public health or safety standards, which standards establish that waiver of the above referenced development standards would create significant, quantifiable direct and unavoidable impacts. The City has concluded that no such standards exist. Further, Appellant has pointed to no such standards in their Appeal.

As explained above, the SDBL allows for modifications of applicable objective standards through the approval of incentives, concessions, and waivers, which approvals are required in certain circumstances and subject to denial only based on enumerated reasons reserved by the State to local agencies (see further explanation on this, above.) State law directs that a Project’s reliance on the SDBL to achieve increased density, increased height, or other deviations from applicable objective standards through the use of concessions and waivers is not a basis to find a project inconsistent with applicable objective standards. (Gov. Code § 65589.5(j)(3).) City staff reviewed the Project’s consistency with applicable objective standards, as modified by the SDBL, and determined the Project is consistent with all applicable objective standards of the General Plan, DPP, and Zoning Code, as modified. Therefore, this is not a basis to grant the Appeal.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

DENYING THE APPEAL FILED BY ALEZZ LAIELEN OF THE PLANNING COMMISSION’S APPROVAL OF AN ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED25-031) TO ALLOW FOR DEVELOPMENT OF A NEW MIXED-USE BUILDING WITH 200 RESIDENTIAL UNITS AND COMMERCIAL SPACE LOCATED AT 700 IRWIN STREET (APN 014-132-18) AND

DETERMINATION THAT THE PROJECT IS STATUTORILY EXEMPT FROM

CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION
21080.66 STREET (APN 014-132-18) AND DETERMINATION THAT THE

PROJECT IS STATUTORILY EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66
WHEREAS, on November 6, 2024, 700 Irwin StreetPartners (“Applicant”) submitted to the City of San Rafael (“City”) a preliminary application for a housing development project (“Project”) pursuant to Government Code section 65941.1 located at 700 Irwin Street (APN 014-132-18) (“Project Site”); and
WHEREAS, on April 10, 2025, Applicant submitted a development application for the Project (Environmental and Design Review Permit ED25-031), proposing a new mixed-use building with 200 residential units and ground floor commercial space on the Project Site, including requests for concessions and waivers under the State Density Bonus Law (Gov. Code 65915) (“SDBL”); and WHEREAS, on May 9, 2025, after reviewing the submitted application, the City deemed the application incomplete; and
WHEREAS, on June 17, 2025, Applicant resubmitted a revised application to the City; and WHEREAS, on July 14, 2025, after reviewing the resubmitted application, the City deemed the application complete; and
WHEREAS, on September 12, 2025, after thoroughly comparing the features of the proposed Project with the applicable objective standards, the City issued Applicant a determination that the Project was inconsistent with various sections of the San Rafael Municipal Code (“SRMC”), the Downtown Precise Plan, and General Plan 2040; and
WHEREAS, on October 24, 2025, Applicant submitted revised site plans and additional requests for concessions and waivers under the SDBL; and WHEREAS, on December 19, 2025, after thoroughly comparing the features of the revised Project with the applicable objective standards, the City issued to Applicant a determination that the Project would be consistent with all applicable objective standards if the Planning Commission were to approve the requested SDBL concessions and waivers; and WHEREAS, the proposed Project would demolish the existing 4-story office building on the Project Site and construct a 17-story, 180-foot high building in its place, including 200 dwelling units (of which 15 would be affordable to very low-income households and 15 would be affordable to moderate-income households), 5,000 square feet of commercial space, and other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, lighting, landscaping, and signage; and
WHEREAS, the Project is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and the City carried out all the procedures required by Public Resources Code Section 21080.66(b), and
WHEREAS, all required public notices and a public hearing were duly given and held according to law; and
WHEREAS, on January 13, 2026, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Project, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff, which report and all attachments are linked to the February 17, 2026 staff report to City Council as Attachment 5; and WHEREAS, on January 13, 2026, after closing the public hearing, the Planning Commission reviewed, considered, and evaluated all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project; and WHEREAS, on January 13, 2026, the Planning Commission found the Project statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and adopted Resolution No. 26-01 (“Approval”) approving an Environmental and Design Review Permit (ED25-031) to allow for development of the Project; and
WHEREAS, on January 21, 2026, the City received a timely appeal (“Appeal”) of the Planning Commission’s Approval from Alezz Laielen (“Appellant”); and WHEREAS, on February 17, 2026 the City Council held a duly noticed public hearing during which it reviewed, considered, and evaluated the Appeal as well as all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project prior to taking action on the appeal.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby denies the Appeal filed by Alezz Laielen, which is attached to the February 17, 2026 staff report to City Council as Attachment 6, of the proposed housing development project located at 700 Irwin Street in Downtown San Rafael based on the following findings:

I. The grounds upon which Appellant has appealed the Planning Commission’s actions are not a basis to reverse the Planning Commission Actions and deny the project, for the following reasons:
a. The Planning Commission complied with all applicable statutory requirements in approving the Project.

State laws, namely the Housing Accountability Act, the State Density Bonus Laws and AB 130, constrain a city’s discretion to deny a project or condition a project’s approval on decreased density. Nevertheless, cities maintain some discretion over proposed housing development projects. Here, the City exercised its discretion in imposing over one hundred conditions of approval for the Project. For the reasons explained in the written report of the Community and Economic Development Department staff, which report and all attachments are incorporated by this reference and linked to the February 17, 2026 staff report to City Council in Attachment 5, the City complied with all applicable statutory requirements in approving the Project.

The appeal states that the job of the Planning Commission is to help maintain the environment of the suburban city of San Rafael.

The Housing Accountability Act precludes local jurisdictions from denying a housing development project or reducing its density if the project is consistent with applicable objective standards, as modified or waived by the SDBL. “Objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9).) City staff reviewed the Project’s consistency with applicable objective standards, as modified by the SDBL, and determined the Project is consistent with all applicable objective standards of the General Plan, DPP, and Zoning Code, as modified.

Maintaining the environment of the suburban city of San Rafael is not an objective standard.

Therefore, this is not a basis to grant the Appeal.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

UPHOLDING THE PLANNING COMMISSION APPROVAL OF AND
APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED25- 031), ASSOCIATED CONDITIONS OF APPROVAL, AND A BELOW MARKET

RATE (BMR) HOUSING AGREEMENT, TO ALLOW FOR DEVELOPMENT OF A NEW MIXED-USE BUILDING WITH 200 RESIDENTIAL UNITS AND COMMERCIAL SPACE LOCATED AT 700 IRWIN STREET (APN 014-132-18)

AND DETERMINING THE PROJECT IS STATUTORILY EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66 WHEREAS, on November 6, 2024, 700 Irwin Street Partners (“Applicant”) submitted to the City of San Rafael (“City”) a preliminary application for a housing development project (“Project”) pursuant to Government Code section 65941.1 located at 700 Irwin Street (APN 014-132-18) (“Project Site”); and WHEREAS, on April 10, 2025, Applicant submitted a development application for the Project (Environmental and Design Review Permit ED25-031), proposing a new mixed-use building with 200 residential units and ground floor commercial space on the Project Site, including requests for concessions and waivers under the State Density Bonus Law (Gov. Code 65915) (“SDBL”); and WHEREAS, on May 9, 2025, after reviewing the submitted application, the City deemed the application incomplete; and
WHEREAS, on June 17, 2025, Applicant resubmitted a revised application to the City; and WHEREAS, on July 14, 2025, after reviewing the resubmitted application, the City deemed the application complete; and
WHEREAS, on September 12, 2025, after thoroughly comparing the features of the proposed Project with the applicable objective standards, the City issued Applicant a determination that the Project was inconsistent with various sections of the San Rafael Municipal Code (“SRMC”), the Downtown Precise Plan, and General Plan 2040; and
WHEREAS, on October 24, 2025, Applicant submitted revised site plans and additional requests for concessions and waivers under the SDBL; and
WHEREAS, on December 19, 2025, after thoroughly comparing the features of the revised Project with the applicable objective standards, the City issued to Applicant a determination that the Project would be consistent with all applicable objective standards if the Planning Commission were to approve the requested SDBL concessions and waivers; and
WHEREAS, the proposed Project would demolish the existing 4-story office building on the Project Site and construct a 17-story, 180-foot high building in its place, including 200 dwelling units (of which 15 would be affordable to very low-income households and 15 would be affordable to moderateincome households), 5,000 square feet of commercial space, and other site improvements including but not limited to bicycle and pedestrian facilities, parking areas, lighting, landscaping, and signage; and WHEREAS, the Project is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and the City carried out all the procedures required by Public Resources Code Section 21080.66(b), and
WHEREAS, all required public notices and a public hearing were duly given and held according to law; and
WHEREAS, on January 13, 2026, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Project, accepting all oral and written public testimony and the written report of the Community and Economic Development Department staff, which report and all attachments are incorporated by this reference and linked to the February 17, 2026 staff report to City Council in Attachment 5; and
WHEREAS, on January 13, 2026, after closing the public hearing, the Planning Commission reviewed, considered, and evaluated all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project; and WHEREAS, on January 13, 2026, the Planning Commission found the Project statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.66(a) and adopted Resolution No. 26-01 (“Approval”) approving an Environmental and Design Review Permit (ED25-031) to allow for development of the Project (the “Planning Commission Actions”); and
WHEREAS, the City received three timely appeals (“Appeals”) from Alezz Laielen, Steven Bryant, and a joint appeal from Paul Kasbar and Ken Dickinson of the Planning Commission’s Approval; and WHEREAS, on February 17, 2026 the City Council held a duly noticed public hearing during which it reviewed, considered, and evaluated the Appeal as well as all public and written comments, pertinent information, documents, plans, and all other evidence in the public record on the Project prior to taking action on each of the three appeals.

WHEREAS, on February 17, 2026 the City Council took action on each of the three appeals, and adopted Resolution No. XX denying the appeal of Steven Bryant, Resolution No. XX, denying the appeal of Paul Kasbar and Ken Dickinson, Resolution No XX and denying the appeal of Alezz Laielen, Resolution No.

XX.

SECTION 1. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED25-031) The Environmental and Design Review Permit is consistent with the Findings outlined in Section

14.25.090 of the San Rafael Municipal Code as follows:

A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter:

The site is designated as Downtown Mixed Use on the General Plan 2040 Land Use Map, which provides the highest development intensities in San Rafael and allows for a mix of housing, office, retail, service, and public land uses. The Project design meets the objectives of the Downtown Mixed Use land use designation as it provides dense residential use in Downtown San Rafael in a mixed-use building.

Further, the Project site is identified in the San Rafael Housing Element as a housing opportunity site. The Housing Element estimated that the realistic development capacity of the Project Site was 67 units. However, by utilizing the State Density Bonus Law, the project contributes 200 units – including 15 units affordable to very low-income households and 15 affordable to moderateincome households – toward the 1,610 overall anticipated units in the Downtown Precise Plan area. The Project is consistent with the Project site’s inclusion as a housing opportunity site because development of 200 units on the Project site helps the City meet its Regional Housing Needs Allocation (RHNA) goals.

Section 2.3.050 of the Downtown Precise Plan T5 Neighborhood (incorporated into Chapter 14 of the Municipal Code) calls for the City to incentivize development of a mix of housing choices based on affordability, unit type, and size. Goal H-4 of the Housing Element aims to incentivize the development of a range of housing choices and affordability levels throughout the city. Policy H-4.1 of the Housing Element encourages the creation of affordable housing opportunities in downtown San Rafael. The Project is consistent with these goals because it provides units that will be rented at prices affordable to very low-income households, moderate-income households, and at market rate; a variety of unit types, ranging from studios to three-bedroom penthouses; and a variety of unit sizes (both in terms of square footage and bedroom/bathroom count) in the Downtown area.

Policy H-4.3 mandates that the City require a certain number of affordable housing units in marketrate projects, with a deed restriction and affordability terms of at least 55 years. Consistent with this policy, the City is requiring Applicant to record a deed restriction that will guarantee that 30 units within the Project are affordable at specified affordability levels for 55 years. The required Below Market Rate (“BMR”) Agreement (Exhibit 2 to the Resolution and Conditions of Approval) ensures that the Project is in accord with Policy H-4.3 of the Housing Element and the State Density Bonus Law.

Section C of City Council Resolution 14890, which implements Section

14.16.030 of the San Rafael Municipal Code, requires that affordable housing units be of a similar mix and type to that of the residential development project as a whole, including compatibility of amenities provided. With the three concessions requested, the Project meets this requirement.

As conditioned and with approved waivers and concessions, the Project is consistent with the General Plan designation and with applicable objective goals, policies and programs of the General Plan, the Zoning Ordinance and the Downtown Precise Plan.

B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located:

The Project Site’s zoning is established by the Downtown Precise Plan, which designates the site as T5N 50/70. This designation establishes form-based development standards for any development on the Project Site. The maximum permissible height is 50 feet, there are no required setbacks, and there is no maximum permissible residential density expressed in dwelling units per acre. The application materials for the Project include a proposal for a hypothetical project that complies with the applicable objective standards for the T5N 50/70 district and provides 100 residential units within the maximum building envelope permitted by the T5N 50/70 development standards. By using this hypothetical project as a “base project” and designating 15 units as affordable to very low-income households and 15 as affordable to moderate-income households, the Project qualifies for a 100% density bonus (allowing the development of up to 200 residential units), three concessions, and unlimited waivers.

Were the City Council to approve the requested concessions and waivers, the Project design would be consistent with applicable regulations and guidelines applicable to the T5N 50/70 Neighborhood zoning district. The Applicant has requested the following concessions and waivers:

Concessions
1) A concession from the “size” requirement of Section C(1) of Resolution 14890. Affordable housing units shall be comparable in size to the market-rate units within the residential development project, as measured by net habitable square footage. “Comparable size” means having habitable square footage proportionate to the range of unit sizes provided for market-rate units in the project. (Section C(1) of Resolution 14890; SRMC Ch.

14.16.030). Affordable units in the Project are, on average, slightly smaller than marketrate units, measured in net habitable square footage. Applicant requests a concession to allow for noncompliance with this standard.
2) A concession from the “type” requirement of Section C(1) of Resolution 14890. Affordable housing units shall possess a distribution of bedroom counts proportionate to that of the market-rate units within the residential development project. (Section C(1) of Resolution 14890; SRMC Ch. 14.16.030). Compliance with this standard requires 1-to-1 proportionality for bedroom counts between affordable units and market-rate units. The percentage breakdown of studios, 1- bedroom, 2-bedroom, and 3-bedroom market-rate units in the Project is different than the percentage breakdown for affordable units.

Applicant requests a concession to allow for noncompliance with this standard. 3) A concession from the “amenities” requirement of Section C(2) of Resolution 14890. The exterior and interior design of the affordable housing units shall be of the same design, materials, amenities, quality of finish, and appearance of the other developed units. (Section C(2) of Resolution 14890; SRMC Ch. 14.16.030). A much smaller proportion of affordable units in the Project have balconies than the proportion of market-rate units that contain balconies. Applicant requests a concession to allow for noncompliance with this standard.

Waivers

San Rafael City CouncilFebruary 17, 2026

San Rafael City Council
February 17, 2026