MINUTES
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
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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.
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Present: Councilmember Bushey
Councilmember Hill
Vice Mayor Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: Acting City Manager Paul Navazio
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the roll.
City Attorney Robert Epstein announced that reportable action was taken on one of the three matters heard in the Closed Session earlier that evening. Pursuant to GC 54957.1(a)(2), the Council voted unanimously to authorize the City Attorney’s Office to initiate litigation against a defendant.
Also, he reported there was no reportable action taken in the Closed Sessions held on Monday, February 9, 2026 or Wednesday, February 11, 2026.
Mayor Kate provided opening remarks which included gratitude to City Staff, acknowledging Finance Director Paul Navazio for graciously stepping into the role of Acting City Manager, adjourning the meeting tonight in honor of Don Swartz and Ewen McKechnie, committing collectively on listening and showing respect for each other for tonight’s agenda 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
None.
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
1. City Manager and Councilmember Reports:
Mayor Kate moved City Manager and City Councilmember Reports to the end of the meeting.
CONSENT CALENDAR:
2.e removed from the City Council meeting agenda at the request of staff.
Mayor Kate invited public comment.
Speaker: Gregory Andrew
Staff responded to questions from public comment.
Vice Mayor Kertz moved and Councilmember Hil seconded to approve the remainder of Consent Calendar.
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 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) Approved Minutes as submitted
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)
Adopted Resolution 15509
c. Approval of Final Subdivision Map for 709 C Street Four-Unit Condominium Project 3 Resolution Approving the Final Subdivision Map for the 709 C Street Development for Condominium Purposes (PW)
Adopted Resolution 15510
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) Accepted Completion and authorized 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)
Mayor announced item removed from the Agenda at the request of Staff
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) Assistant City Manager John Stefanski and Library and Recreation Director Catherine Quffa presented the Staff Report.
Acting City Manager Paul Navazio clarified ballot language shown in the PowerPoint presentation (and in the Resolution). It should read $12.54 per unit, as opposed to $12.18 per unit.
Councilmember Bushey clarified that this Measure will have a different letter for the June election.
Mayor Kate invited public comment.
Speaker: Al Vetere
Staff responded to questions from public comment.
Councilmembers provided comments.
Councilmember Bushey moved and Vice Mayor Kertz seconded to 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 4 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, with the clarification provided by the Acting City Manager.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15511
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) 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)
Assistant Chief City Attorney Andrea Visveshwara presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there was none.
Councilmember Hill moved and Councilmember Bushey seconded to adopt the Introduce the Ordinance, waive further reading, and refer to it by title only AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Introduced the Ordinance, waived further reading, and referred to it by title only The City Clerk read the title of the ordinance:
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 Vice Mayor Kertz moved and Councilmember Llorens Gulati seconded to adopt the Introduce the Ordinance, waive further reading, and refer to it by title only AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Introduced the Ordinance, waived further reading, and referred to it by title only 5 The City Clerk read the title of the ordinance:
An Ordinance of the City of San Rafael City Council 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 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 MixedUse 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) Community and Economic Development Director Micah Hinkle and Planning consultant Christina Ratcliffe presented the Staff Report.
Appellant Bryant presented their appeal, the Applicant presented the project and the Appellant provided a rebuttal.
Appellant Dickinson presented their appeal, the Applicant presented the project and the Appellant Kasbar provided a rebuttal.
Appellant Laielen presented their appeal, the Applicant presented the project and the Appellant provided a rebuttal.
Staff or the applicant responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Alezz Laielen, Name Withheld, Susan Coleman, Janet Shirley, Ted Loewenberg, David Levy, Annabel Diserens, Miles Smith, Name Withheld, Name Withheld, Herman Herrera, Bill Carney, Sustainable San Rafael, Wayne Rayburn, Kalina Cloud, CPI Developers, Beau Blanchard, San Rafael Chamber of Commerce, Mark Galperin, Lynsey Kayser, Stephanie Burkhart, Dominican Neighborhood Association, Jessie Roundtree, Gerald Fleming, Stacy Scott, Colin Crook
Mayor Kate called a recess at 9:29 p.m., and called the meeting back to order at 9:39 p.m.
Speakers: Name Withheld, Anil Gupta, Name Withheld, Debbie Lawson, Leora Tanjuatco Ross, Andrea Valentine, Hudari Murray, Jennifer Maniar, Name Withheld, Rich Storek, Marianne Nannestad, Michael Williamson, Ken Dickinson, Rosie Brekke Chief Deputy City Attorney Andrea Visveshwara noted a clerical error that the resolution needed to include two exhibits, that were included in the attachments but not attached to the resolution: the General Plan Consistency Analysis and the Affordable Housing Agreement.
Staff responded to questions from public comment.
6 Councilmembers provided comments.
Vice Mayor Kertz moved and Councilmember Bushey seconded to adopt the 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 21080.66 AYES: Councilmembers: Bushey, Hill & Kertz
NOES: Councilmembers: Llorens Gulati & Mayor Kate
ABSENT: Councilmembers: None
Motion passed 3-2
Adopted Resolution 15512
Councilmember Bushey moved and Councilmember Hill seconded to adopt the 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 21080.66
AYES: Councilmembers: Bushey, Hill & Kertz
NOES: Councilmembers: Llorens Gulati & Mayor Kate
ABSENT: Councilmembers: None
Motion passed 3-2
Adopted Resolution 15513
Councilmember Hill moved and Vice Mayor Kertz seconded to adopt the 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 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
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Motion passed 5-0
Adopted Resolution 15514
Vice Mayor Kertz moved and Councilmember Hill seconded to adopt the Resolution 7 Upholding the Planning Commission Approval of and Approving an Environmental and Design Review Permit (ED25031), 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, subject to the comments made by the Chief Deputy City Attorney, regarding Exhibits A & B to be attached (to the resolution).
AYES: Councilmembers: Bushey, Hill & Kertz
NOES: Councilmembers: Llorens Gulati & Mayor Kate
ABSENT: Councilmembers: None
Motion passed 3-2
Adopted Resolution 15515
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 (InFill Development) of the California Environmental Quality Act (CEQA) (CED) Community and Economic Development Director Micah Hinkle and Planner Kristina Estudillo presented the Staff Report.
Appellant Wheeler presented their appeal, the Applicant presented the project, and the Appellant waived their rebuttal.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there was none.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to adopt the 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) AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15516
8 OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
• Name Withheld, addressed the City Council regarding sidewalk safety in East San Rafael.
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense) City Manager and Councilmember Reports:
Acting City Manager Paul Navazio provided the following announcements and updates:
• The new OpenGov permit tracking system to start Monday, February 23 • Mobile Vending Permit Program approved a few weeks ago is up and running • Request for Proposals (RFP) for Northgate Specific Plan – Responses due Monday, March 16
• Homelessness Subcommittee to be held Thursday, February 19, 10 a.m. • Park & Recreation Commission to be held Thursday, February 19, 6 p.m. • Police Advisory & Accountability Committee to be held Wednesday, February 25, 6 p.m. • Measure P Subcommittee to be held Monday, February 23, 10 a.m.
City Councilmember Reports:
• Councilmember Llorens Gulati reported on an East San Rafael check-in with Supervisor Dennis Rodoni, the East San Rafael Working Group and Marin Clean Energy (MCE). • Vice Mayor Kertz reported on a Marin Wildfire Prevention Authority Executive Committee meeting.
• Councilmember Bushey reported on a Pt. San Pedro Road safety meeting. • Councilmember Hill reported on the Gerstle Park Neighborhood Association annual meeting, the Re-Grand Opening of Double Rainbow, an Economic Development & Housing Subcommittee meeting and the Gateway Beautification Project. • Mayor Kate reported on Engine 51 Push-In.
Mayor Kate invited public comment; however, there was none.
ADJOURNMENT:
Mayor Kate adjourned the meeting in memory of Don Swartz and Ewen McKechnie at 11:39 p.m. __________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor