AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, APRIL 6, 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.
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 March 16, 2026 (CC)
Recommended Action - Approve Minutes as submitted
2 b. Establish Electronic and Paperless Filing for FPPC Campaign Disclosure Statements Final Adoption of Ordinance 2061: An Ordinance Adding Chapter 2.09 to Title 2 (Administration) of the San Rafael Municipal Code to Require Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements (CC) Recommended Action – Final Adoption of Ordinance 2061
c. Fire Commission Reappointment
Reappoint Stan Burford to Fill One Four-Year Term to the End of April 2030 on the Fire Commission (CC)
Recommended Action – Reappoint Stan Burford
d. Authority for Claims/Litigation Settlement and Legal Expenditures Resolution to Increase the Settlement Authority of the City Manager for Claims and Litigation from $20,000 to $50,000, to Authorize the City’s Finance Director or Designee to Pay Allowed, Settled or Compromised Claims, and to Authorize the City Manager to Exclude Legal Costs Paid from the City’s Liability Fund from the Contract Not to Exceed Amount in Contracts for Legal Services (CA)
Recommended Action – Adopt Resolution
e. Proclamations
Proclamations Supporting Week of the Young Child and Southwest Asian and North African (SWANA) Heritage Month (LR/CM)
Recommended Action – Receive and file
f. Integrated Pest Management Policy Update
Resolution Adopting an Updated Integrated Pest Management Policy; CEQA Determination: Exempt Pursuant to CEQA Guidelines Sections 15060(b)(3), 15301, 15304 (PW)
Recommended Action – Adopt Resolution
g. Lincoln Avenue Bridge Preventative Maintenance Project Funding Agreement Resolution Authorizing the City Manger to Execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $173,600 in Federal Highway Bridge Program (HBP) Funds for the Lincoln Avenue Bridge Preventative Maintenance Project (PW)
Recommended Action – Adopt Resolution
h. Pickleweed Childcare Replacement Portable Buildings Procurement Resolution Authorizing the City Manager to Execute an Agreement with Class Leasing, LLC for the Procurement and Installation of Portable Buildings for the Pickleweed Childcare Replacement Portables Project, City Project No. C661145010, in the Amount Not to Exceed $849,606; CEQA Determination: Exempt Pursuant to CEQA Guideline 15302 (PW) Recommended Action – Adopt Resolution
OTHER AGENDA ITEMS
3. Other Agenda Items:
a. Economic Development Strategic Plan Update
Economic Development Strategic Plan Update (CED)
Recommended Action – Accept report
3 b. New Main Library and Community Center Project Delivery New Main Library and Community Center Project Update and Evaluation of Alternative Project Delivery Methods
Recommended Action – Receive Staff’s analysis of alternative project delivery methods; Authorize Staff to proceed with the Progressive Design-Build (PDB) project delivery method; and, direct Staff to initiate Project Labor Agreement negotiations with the North Bay Building and Construction Trades Council and Northern California Carpenter’s Regional Council c. Appointment of Interim City Manager
Resolution Appointing Paul Navazio as Interim City Manager and Authorizing the Mayor to Execute an Employment Agreement with Paul Navazio (HR)
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 April 6, 2026 City Council Meeting
MINUTES
SAN RAFAEL CITY COUNCIL SPECIAL CLOSED SESSION
MONDAY, MARCH 16, 2026 AT 5:30 P.M.
Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Present: Councilmember Bushey
Vice Mayor Kertz
Councilmember Llorens Gulati
Absent: Council Member Hill
Mayor Kate
Also Present: City Attorney Robert Epstein
Mayor Pro Tem Kertz 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 Pro Tem Kertz announced Closed Session items.
Mayor Pro Term Kertz invited public comment; however, there were none.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM
2. Closed Session:
a. PUBLIC EMPLOYEE APPOINTMENT, pursuant to Government Code Section 54957 Title: Interim City Manager
CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency designated representatives: Rob Epstein, City Attorney Unrepresented employee: Interim City Manager
ADJOURNMENT:
Mayor Pro Tem Kertz adjourned the meeting at 5:57 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
RACHEL KERTZ, Vice Mayor
Minutes subject to approval at the April 6, 2026 City Council Meeting
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, MARCH 16, 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].
Present: Councilmember Bushey
Vice Mayor Kertz
Councilmember Llorens Gulati
Absent: Councilmember Hill
Mayor Kate
Also Present: Acting City Manager Paul Navazio
City Attorney Robert Epstein
Deputy City Clerk Brenna Nurmi
Mayor Pro Tem Kertz called the meeting to order at 6:01 p.m. and invited Deputy City Clerk Brenna Nurmi to call the roll.
City Attorney Robert Epstein announced that no reportable action taken in the Closed Session held earlier that evening.
Mayor Pro Tem Kertz provided opening remarks which included gratitude to City Staff.
Deputy City Clerk Brenna Nurmi 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
• Steven Bryant addressed the City Council regarding the 700 Irwin appeal process. • Wayne Rayburn addressed the City Council regarding the recent murder of a homeless woman.
2 CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
1. City Manager and Councilmember Reports:
Acting City Manager Paul Navazio provided the following announcements and updates:
• A prescribed pile burning schedule for San Rafael Hill was moved to occur between March 18 and April 3, weather permitting – Residents to sign up for AlertMarin’s prescribed burning notifications
City Councilmember Reports:
• Councilmember Bushey reported on a Central Marin Sanitation Agency board meeting. • Councilmember Llorens Gulati reported on a San Rafael City schools and Miller Creek School District quarterly meeting (that she attended with Vice Mayor Kertz) and a CivicWell Conference.
• Mayor Pro Tem Kertz had no other items to report.
Mayor Pro Tem Kertz invited public comment; however, there was none.
CONSENT CALENDAR:
Agenda item 2.e removed from Agenda at request of Staff.
Mayor Pro Tem Kertz invited public comment.
Speakers: Gregory Andrew, Kraemer Winslow, Rika Gopinath, Debbie Raphael Councilmember Bushey moved and Councilmember Llorens Gulati seconded to approve the Consent Calendar, Agenda items 2.a through 2.d.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special Closed Session and Regular City Council Meetings of March 2, 2026 (CC)
Approved Minutes as submitted
b. Records Retention Schedule Adoption
Resolution Rescinding Resolutions 13483 and 13558 and Adopting a New City-Wide Records Retention Schedule (CC)
Adopted Resolution 15524
c. Temporary Street Closures for Special Events
Resolution Authorizing Temporary Street Closures in San Rafael for the Special Events of May Madness and Farmers’ Market in Downtown San Rafael (CED) Adopted Resolution 15525
3 d. 2025/2026 Pavement Management Program – Curb Ramp and Striping Project Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers to Provide Design Services for the 2025-2026 Pavement Management Program – Curb Ramp and Striping Project, City Project No. C44A26PMP4, in the Amount Not to Exceed $260,637 (PW)
Adopted Resolution 15526
e. Integrated Pest Management Policy Update
Resolution Adopting an Updated Integrated Pest Management Policy; CEQA Determination: Exempt Pursuant to CEQA Guidelines Sections 15060(b)(3), 15301, 15304 (PW)
Removed from Agenda at request of Staff
PUBLIC HEARINGS
3. Public Hearings:
a. Establish Electronic and Paperless Filing for FPPC Campaign Disclosure Statements Introduction of an Ordinance Adding Chapter 2.09 to Title 2 (Administration) of the San Rafael Municipal Code to Require Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements; CEQA Determination: Exempt Pursuant to CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378(b)(2),(5) (CC) Acting City Manager Paul Navazio presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Pro Tem Kertz invited public comment; however, there was none.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to introduce the Ordinance, waive further reading, and refer to it by title only.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
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 COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.09 TO TITLE 2 (ADMINISTRATION) OF THE SAN RAFAEL MUNICIPAL CODE
TO REQUIRE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES
COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS
b. General Plan and Housing Element Annual Progress Reports General Plan and Housing Element Annual Progress Report Highlighting Progress on the Policies and Programs Identified in the City’s General Plan and the City’s Progress Toward Meeting its Share of the Regional Housing Need Allocation (RHNA) (CED) Community and Economic Development Director Micah Hinkle commented on the Agenda 4 item and introduced Community and Economic Development Assistant Director Greg Minor, who presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Pro Tem Kertz invited public comment.
Speakers: Susan, Jenny Silva, Call Marin Home, Steven Bryant, Gregory Andrew, Jason Staff responded to questions from public comment.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to accept the General Plan and Housing Element Annual Progress Report for 2025 and direct staff to present the report to the California Department of Housing and Community Development.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Accepted the General Plan and Housing Element Annual Progress Report for 2025 and directed Staff to present the report to the California Department of Housing and Community Development
OTHER AGENDA ITEMS
4. Other Agenda Items:
a. Encampment Resolution Fund Round 3 Grant and 350 Merrydale Interim Shelter Project Update
Encampment Resolution Fund Round 3 Grant and 350 Merrydale Interim Shelter Project Update and Discussion Regarding the Proposed Operational Framework (CM) Assistant City Manager John Stefanski commented on the Agenda item and introduced Community Services Division Director Daniel Cooperman, who presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Pro Tem Kertz invited public comment.
Speakers: Wayne Rayburn, Jennifer Wallace, Robbie Powelson, Gregory Andrew, Name Withheld, Name Withheld, Craig Murray, Name Withheld
Staff responded to questions from public comment.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to receive the project update and provide direction regarding the operational framework for the 350 Merrydale Road Interim Shelter, including the revised Participant Code of Conduct and Good Neighbor Policy.
5 AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Received the project update and provided direction regarding the operational framework for the 350 Merrydale Road Interim Shelter, including the revised Participant Code of Conduct and Good Neighbor Policy
b. Electric Vehicle Charging Equipment Purchase
Resolution Authorizing the City Manager to Procure Electric Vehicle Charging Equipment Through a Sourcewell Cooperative Purchasing Agreement in an Amount Not to Exceed $351,245 and Authorize Supplemental Budget Appropriations of $450,000 Within the Capital Improvement Funds (Fund 401) Supported by Additional Grant Funding Secured for the Project for a Total Cost Not to Exceed $988,000 (PW) Deputy Director of Public Works Jonathan Schellin, presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Pro Tem Kertz invited public comment.
Speaker: Al Vetere
Staff responded to questions from public comment.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt a resolution authorizing the City Manager to procure electric vehicle charging equipment through a Sourcewell Cooperative Purchasing Agreement for the Public Works facility at 111 Morphew Street in an amount not to exceed $351,245 and authorize supplemental budget appropriations of $450,000 within the Capital Improvement Funds (Fund 401), supported by additional grant funding secured for the Project for a total cost not to exceed $988,000.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Adopted Resolution 15527
OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
• Name Withheld addressed the City Council convene a task force about looking at the safety of unhoused women.
• Name Withheld addressed the City Council regarding the limited number of safe places for unhoused individuals in general, but specifically for women. • Name Withheld addressed the City Council regarding the 700 Irwin project. • Justin addressed the City Council regarding the recent murder at a homeless encampment and the 350 Merrydale Agenda item (4.a).
6 ADJOURNMENT:
Mayor Pro Tem Kertz adjourned the meeting at 8:46 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
RACHEL KERTZ, Vice Mayor
ORDINANCE NO. 2061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.09 TO TITLE 2 (ADMINISTRATION) OF THE SAN RAFAEL MUNICIPAL
CODE TO REQUIRE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and
WHEREAS, the City has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements; and
WHEREAS, the System will operate securely and effectively and will not unduly burden filers; and
WHEREAS, the System shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data; and WHEREAS, the System will enable filers to complete and submit filings free of charge, and will make all the data filed available online and free of charge in an easily understood format that provides the greatest public access; and
WHEREAS, the City of San Rafael desires to amend the San Rafael Municipal Code adding section, 2.09 “Electronic and Paperless Filing of Fair Political Practice Commission Campaign Disclosure Statements” regarding electronic filing of Campaign Disclosure Statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and incorporated herein by reference.
Section 2. Section 2.09, Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements, is hereby added to the San Rafael Municipal Code to read as follows:
2.09 Electronic and Paperless Filing of Fair Political Practice Commission Campaign Disclosure Statements.
A. Definitions. The following definitions apply for the purposes of this section:
"Candidate" shall mean a candidate, as that phrase is defined in Section 82007 of the Government Code, as may be amended from time to time, for any City elective office for any general, special or recall election.
"Committee" has the meaning set forth in Section 82013 of the Government Code, as may be amended from time to time.
"Contribution" has the meaning set forth in Section 82015 of the Government Code, as may be amended from time to time.
"Electronic filing system" shall mean the electronic online filing and data storage system provided for by the city clerk for campaign statements, reports, forms, or other documents filed pursuant to Government Code Section 81000 et seq. "Person" has the meaning set forth in Section 82047 of the Government Code, as may be amended from time to time.
"Statements" shall mean any statements, reports, forms, or other documents required by Government Code Chapter 4 - Political Reform Act (Section 81000 et seq.), as may be amended from time to time.
B. Any elected officer, candidate, commission, committee, or other person required to file campaign disclosure statements, reports, forms or other documents required by Government Code Chapter 4 (Campaign Disclosure) - Political Reform Act (Section 84100 et seq.) shall file those statements, reports, or other documents online or electronically with the electronic filing system unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee or person receives less than two thousand dollars in contributions and makes less than two thousand dollars in expenditures in a calendar year.
C. In any instance in which an original statement, report or other document required by Government Code Chapter 4 (Campaign Disclosure) - Political Reform Act (Section 84100 et seq.) must be filed with the California Secretary of State and a duplicate or copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.
D. Notwithstanding any other provision of this code, once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to subsection B, all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
E. The electronic filing system shall be implemented and maintained to be consistent with the requirements of Government Code Section 84615, as that section may be amended from time to time.
F. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary by the City Clerk to implement this Section 2.09.
G. If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.
Section 3. Compliance with the California Environmental Quality Act.
The City finds that this action is evaluated to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378(b)(2),(5), as it is not considered to constitute a “project” for the purposes of CEQA.
Section 4. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 5. Effective Date and Publication.
This Ordinance shall become effective thirty (30) days after it is adopted and shall be posted or published as required by State law.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 16th day of March 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 6th day of April 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.09 TO TITLE 2 (ADMINISTRATION) OF THE SAN RAFAEL MUNICIPAL CODE
TO REQUIRE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES
COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2061, which will add Chapter 2.09 to Title 2 (Administration) of the San Rafael Municipal Code. Ordinance No. 2061 is scheduled for adoption by the San Rafael City Council at its regular meeting of April 6, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would add Chapter 2.09 to Title 2 (Administration) of the San Rafael Municipal Code aligning the City of San Rafael with statewide best practices, enhancing public transparency, reducing administrative inefficiencies, and providing a more convenient and reliable filing process for candidates and committees.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at [email protected] or (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: March 20, 2026
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 2.c
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______ TOPIC: FIRE COMMISSION REAPPOINTMENT
SUBJECT: REAPPOINT STAN BURFORD TO FILL ONE FOUR-YEAR TERM TO THE END OF APRIL 2030 ON THE FIRE COMMISSION
RECOMMENDATION:
Reappoint Stan Burford to Fill One Four-Year Term on the Fire Commission to the End of April 2030.
BACKGROUND:
The first term of Stan Burford is set to expire at the end of April 2026. The City Clerk’s office recruits year-round for boards and commissions, and initiated recruitments in 2026 for the Fire Commission. One (1) application was received, and staff recommends the reappointment of Stan Burford to the end of October 2030.
The Fire Commission contributes its experience and expertise to support the goals of the San Rafael Fire Department. In concert with the Fire Chief, the five members and two alternates collaborate on department-related initiatives, supporting the San Rafael Fire Foundation. In the past, commissioners have also participated in public education and outreach activities, supported emergency preparedness efforts, and documented the Department's history. The activities of the Commission are varied based on the unique skills and perspectives of the individual members.
The Fire Commission adheres to its bylaws, and meetings are held monthly on the second Wednesday of the month at 4 p.m.
FISCAL IMPACT: There is no fiscal impact associated with this action.
COMMUNITY OUTREACH:
The call for applications was advertised through mass email notification, the City website, social media platforms, and physically posted at City facilities.
RECOMMENDED ACTION:
Reappoint Stan Burford to Fill One Four-Year Term on the Fire Commission to the End of April 2030.
ATTACHMENT:
1. One (1) application
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Stanley Burford Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
33 yrs
Q4
Business Information
Company Retired [50+ Yrs Radio/TV/Film]
Q5
How did you hear about this vacant position?
Other (please specify):
Direct message from City Clerk
#7
COMPLETE
Collector: o o W Web Link 1 (W Web Link)
SStarted: Sunday, March 08, 2026 12:05:30 PM u d y 8 3 P Last Modified: Mo Sunday, March 08, 2026 12:10:47 PM u d y 8 P Time Spent: 00:05:16
IP Address: P A 98 8 98.45.187.227
Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Fire Commission
Q17
Do you participate in any civic activities? If so, what are they? Current member of San Rafael Fire Commission
Q18
List any civic organizations of which you are a member:
-Ceres Community Project [Food to cancer patients]
-Homeward Bound of Marin
Q19
Education:
MA - Education
Q20
Why are you interested in serving on a board or commission? Effective Government depends on Public Participation
Q21
Describe possible areas in which you may have a conflict of interest with the City:
None
Q22
Upload your resume.
Respondent skipped this question
Boards, Commissions & Committees Application
3 / 3
Q23
Ethnicity / Raza/etnia:
Q24
To which gender do you most identify?¿Con qué género se identifica más?
Q25
How old are you?¿Cuántos años tienes?
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.d
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney’s Office
Prepared by: Andrea Visveshwara,
Chief Assistant City Attorney
City Manager Approval: ______________
TOPIC: AUTHORITY FOR CLAIMS/LITIGATION SETTLEMENT AND LEGAL EXPENDITURES SUBJECT: RESOLUTION TO INCREASE THE SETTLEMENT AUTHORITY OF THE CITY MANAGER FOR CLAIMS AND LITIGATION FROM $20,000 TO $50,000, TO AUTHORIZE THE CITY’S FINANCE DIRECTOR OR DESIGNEE TO PAY ALLOWED,
SETTLED, OR COMPROMISED CLAIMS, AND TO AUTHORIZE THE CITY MANAGER TO EXCLUDE LEGAL COSTS PAID FROM THE CITY’S LIABILITY FUND FROM THE
CONTRACT NOT TO EXCEED AMOUNT IN CONTRACTS FOR LEGAL SERVICES RECOMMENDATION:
Staff recommends that the City Council adopt the resolution to increase the settlement authority of the City Manager for claims and litigation from $20,000 to $50,000, to authorize the City’s Finance Director or Designee to pay allowed, settled or compromised claims or litigation, and to authorize the City Manager to exclude legal costs paid from the City’s Liability Fund from the contract not to exceed amount in contracts for legal services.
BACKGROUND:
In 1992, the City Council adopted Resolution No. 8757, which established a Risk Management Policy for the City. Section D of the Resolution delegated authority to the City Manager and a Property and Casualty Loss Committee to settle claims for up to $20,000. It also delegated to the City Manager the authority to settle workers’ compensation claims for up to $20,000. In 2011, the City Council adopted Resolution No. 13089, which revised Section D of Resolution No. 8757 to increase the City Manager’s authority to settle workers’ compensation claims to $50,000.
In addition, in 2024, the City entered into a five-year contract with George Hills, a third-party administrator, to manage government tort claims, adjustments, investigations, and other liability claims, as well as administrative functions for property damage and personal injury claims made by third parties against the City. George Hills also interacts with the California Joint Powers Management Authority (CJPRMA) on behalf of the City. CJPRMA is a member-directed excess liability risk retention pool, which may provide coverage for City claims in excess of $750,000, inclusive of legal costs of defense. As part of the services offered by George Hills, George Hills facilitates payment for the cost of defense, including payment to outside legal counsel. In accordance with San Rafael Municipal Code (SRMC) Section 2.55.080, expenditures are limited by the unencumbered appropriation in the fund account against which said SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
purchase or contract is to be charged. This is what the Council appropriates within the Liability Fund on an annual basis through the budget process.
ANALYSIS:
Government Code Section 935.4 authorizes a public entity to authorize an employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the acceptance, compromise, or settlement does not exceed $50,000, and for the public entity’s fiscal officer to pay the allowed, compromised, or settled amount. Further, Government Code Section 949 allows a public entity to delegate the authority to settle a legal action. The proposed resolution further revises Section D of the original risk management policy set forth in Resolution No. 8757 to increase the City Manager’s authority to settle claims to the maximum allowed by state law and to be consistent with the existing City Manager authority to settle workers’ compensation claims.
In recent years, the City has seen an increase in litigation that falls outside the purview of the George Hills contract and coverage by CJPRMA (“Non-Covered Litigation”). In this type of litigation, the City contracts directly with the law firm and pays all defense costs directly, including legal costs, from the City’s Claim Fund. SRMC Section 2.55.040.A requires the Council to award contracts that exceed $100,000. Legal service contracts are exempt from bidding requirements per SRMC Section 2.55.100.D.
Given the quick pace and unpredictable nature of litigation, staff would like to align payment of legal defense costs for Non-Covered Litigation with that of the litigation managed by George Hills and covered by CJPRMA to be limited to what the Council appropriates to the Liability Fund and is unencumbered. In addition, there may be strategic reasons why the City may not want to publicize what a litigation budget is in a particular case. The proposed resolution allows the City Manager to exclude from a contract not to exceed amount any legal costs that are paid from the Liability Fund. For the legal services contract with Burke Williams & Sorenson, the City Council has already authorized litigation costs to be excluded from the contract’s not to exceed amount. The proposed resolution would apply this exclusion to all legal service contracts. Legal costs related to representation and advice on matters which are paid with funds from the Liability Fund would be excluded from a contract’s not to exceed amount. This includes legal services contracts entered at the City Manager level.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this resolution. The fiscal impact of allowing, settling, or compromising claims, and the cost of defense of litigation matters, is analyzed through the City’s budget process and the appropriation of funds to the Liability Fund (Fund 605).
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the resolution to increase the settlement authority of the City Manager for claims and litigation from $20,000 to $50,000, to authorize the City’s Finance Director or Designee to pay allowed, settled or compromised claims or litigation, and to authorize the City Manager to exclude legal costs paid from the City’s Claim Fund from the contract not to exceed amount in contracts for legal services.
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESOLUTION TO INCREASE
THE SETTLEMENT AUTHORITY OF THE CITY MANAGER FOR CLAIMS AND LITIGATION FROM $20,000 TO $50,000, TO AUTHORIZE THE CITY’S FINANCE
DIRECTOR OR DESIGNEE TO PAY ALLOWED, SETTLED, OR COMPROMISED
CLAIMS, AND TO AUTHORIZE THE CITY MANAGER TO EXCLUDE LEGAL COSTS PAID FROM THE CITY’S LIABILITY FUND FROM THE CONTRACT NOT TO
EXCEED AMOUNT IN CONTRACTS FOR LEGAL SERVICES
WHEREAS, in 1992, the City Council adopted Resolution No. 8757, which established a Risk Management Policy for the City, which delegated authority to the City Manager and a Property and Casualty Loss Committee to settle claims for up to $20,000, and which delegated to the City Manager the authority to settle workers’ compensation claims for up to $20,000; and
WHEREAS, in 2011, the City Council adopted Resolution No. 13089, which revised Resolution No. 8757 to increase the City Manager’s authority to settle workers’ compensation claims to $50,000; and
WHEREAS, Government Code Section 935.4 authorizes a public entity to authorize an employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the acceptance, compromise, or settlement does not exceed $50,000, and for the public entity’s fiscal officer to pay the allowed, compromised, or settled amount; and
WHEREAS, further, Government Code Section 949 allows a public entity to delegate the authority to settle a legal action; and
WHEREAS, the City Council desires to further revise the original risk management policy set forth in Resolution No. 8757 to increase the City Manager’s authority to allow, settle or compromise claims and litigation to the maximum allowed by state law and to be consistent with the existing City Manager authority to settle workers’ compensation claims; and
WHEREAS, San Rafael Municipal Code Section 2.55.040.A requires the Council to award contracts that exceed $100,000; and
WHEREAS, given the quick pace and unpredictable nature of litigation, and for strategic litigation reasons, the City Council desires to ensure that legal costs incurred related to claims and litigation matters are paid promptly to ensure no interruption in service; and NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes:
1. The City Manager or designee to reject, allow, compromise, or settle claims, lawsuits or other actions against the City and to negotiate and execute any resulting agreement, provided the amount to be paid pursuant to the agreement to allow, compromise or settle does not exceed fifty thousand dollars ($50,000); and that the Finance Director or designee is authorized to make payment on said allowance, compromise or settlement, upon request by the City Manager or designee; and
2. For legal services contracts, the City Manager or designee may exclude legal costs related to advice and counseling or representation in claims, lawsuits or other adjudicative proceedings from the legal services contract’s not to exceed amount, to pay for the aforementioned legal costs, provided that such legal costs are paid with funds from the Liability Fund, subject to the requirements of San Rafael Municipal Code Section
2.55.080. This authorization applies to existing legal services contracts and legal services contracts executed under the City’s Manager’s or designee’s authority as provided for in SRMC 2.55.040.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th day of April 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
City of San Rafael
Proclamation in Recognition of
Week of the Young Child - April 11 – 17, 2026
WHEREAS, children’s cognitive, physical, social, emotional, and language and literacy development are built on a foundation of children’s positive interactions with adults, peers, and their environment; and
WHEREAS, quality early childhood education promotes the intellectual, emotional, and physical development of children, which in turn lays the foundation for children's success in school and later life; and
WHEREAS, young children need developmentally appropriate, accessible, and available early care and education settings; and
WHEREAS, high–quality early childhood education depends on high–quality early childhood educators who ensure that children, supported by families, have the early experiences they need for a strong foundation; and
WHEREAS, public policies and programs that support early learning for all young children are crucial to their futures, and those who contribute significantly to the lives of young children in our community deserve our recognition and gratitude; and WHEREAS, San Rafael is a strong, safe community that supports families raising caring, capable children and appreciates the many organizations and individuals who help ensure access to high-quality childcare programs for our young people.
NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, hereby proclaim April 11 through 17, 2026, as the Week of the Young Child.
Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
Southwest Asian and North African (SWANA) Heritage Month April 1 - 30, 2025
WHEREAS, Southwest Asia and North Africa are broad, inclusive terms reflecting the diverse cultures, histories, and communities of the region. While this commemorative month has also been known as Arab American Heritage Month, "SWANA" more fully recognizes the many identities, languages, and traditions across the region; and WHEREAS, in the nineteenth century, Southwest Asian and North African individuals, families, and communities began a notable migration to the United States, from counties in the Middle East and North Africa, including Lebanon, Syria, Jordan, Palestine, Egypt, Morocco, Iraq, Yemen, Tunisia, Algeria, the Gulf countries, and Libya, with approximately 200,000 living in the United States by 1924; and
WHEREAS, these early SWANA immigrants brought with them resilient family values, a strong work ethic, a dedication to education, and a rich diversity of faiths and creeds, making valuable contributions to virtually every aspect of society in America —including medicine, law, business, education, technology, and government—which have strengthened our democracy; and
WHEREAS, with approximately 3.7 million Southwest Asians and North Africans currently living in the United States, with more than 533,000 residing in California alone, the community is as diverse as its origins, each group contributing its own rich histories, cultural traditions, and perspectives that enhance our collective social fabric; and WHEREAS, Arab individuals and communities continue to endure the challenges of ongoing conflicts in the Middle East, as well as prejudice, hostility, bigotry, and persecution based on religious beliefs, dress, and cultural practices, and the City of San Rafael unequivocally condemns such actions while urging its residents to embrace, learn from, share with, and celebrate the varied uniqueness of the SWANA community; and
WHEREAS, April is recognized as Southwest Asian and North African Heritage Month, we take time to honor SWANA in our community, state, and nation, and abroad as part of the world diaspora, and recognize their role in the development of America and the continued influence SWANA Americans have in all aspects of life; and
WHEREAS, Southwest Asian and North African Heritage Month provides a platform for learning about and celebrating the cultural, artistic, historical, and social achievements of Southwest Asian and North African Americans, reinforcing the understanding that their diverse narratives and contributions are integral to the past, present, and future of our nation.
THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael, encourage all community members to engage with opportunities to learn about and support our as Southwest Asian and North African American neighbors, friends, and businesses, and to celebrate the achievements and contributions from the Arab community, and to encourage each of us to commit to supporting religious and cultural freedoms. ___________
Kate Colin
Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 2.f
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Aaron Tubbs,
Operations and Maintenance
Superintendent
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: INTEGRATED PEST MANAGEMENT POLICY UPDATE
SUBJECT: RESOLUTION ADOPTING AN UPDATED INTEGRATED PEST MANAGEMENT POLICY; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15060(b)(3), 15301, 15304
RECOMMENDATION:
Staff recommends that the City Council approve the Resolution to adopt an updated Integrated Pest Management (IPM) Policy.
BACKGROUND:
In 2007, the City created an Integrated Pest Management (IPM) program outlining policies and procedures to minimize pesticide applications throughout the City. The program was intended to reduce the use of alternative weed control methods, such as mowing, mulching, and more natural methods to control vegetation.
In 2014, the City Council adopted the City’s IPM Policy, which was subsequently modified to comply with the State Water Resources Control Board (SWRCB) Phase II Small Municipal Separate Storm Water Systems (MS4) National Pollutant Discharge Elimination System (NPDES) requirements. This modification to the policy included regulations related to Urban Creek Diazinon and Pesticide Toxicity, which are consistent with Total Maximum Daily Load (TMDL) requirements. The modification further outlined the City’s goal to reduce reliance on and to minimize the use of pesticides that threaten water quality in San Rafael’s operations and City property.
Following the 2014 Policy update, the County of Marin developed a list of acceptable pesticides used by its maintenance divisions. This regularly updated list includes a wider array of pesticides now used by the City.
In 2017, the Department of Public Works met with engaged community members who offered their input on improving the City’s Policy. Their primary focus was on expanded posting of signage where pesticides were being used, increased training, clarification of pesticides in and around City Buildings, and adopting SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
the County’s list of approved products. With community members' help, a new policy was developed to address those issues.
The City Council adopted Resolution No. 14393, updating the IPM Policy on September 18, 2017.
ANALYSIS:
City staff recommends that the City Council update the IPM Policy to address the following:
Integrated Pest Management Coordinator
The previous Policy noted the Parks Superintendent as the designated IPM Coordinator. Due to restructurings within the Department of Public Works, there is no longer a Parks Superintendent on staff.
The IPM Coordinator is now the Operations and Maintenance Superintendent.
Approved Use of Products list
The previous list was outdated and only included products for landscape use. The list has been updated and now includes approved structural use products for contractors working on pest control issues at City facilities. The IPM Policy also notes that the City will be using the currently available list of approved products from the County of Marin to keep the IPM program up to date.
The draft IPM Policy was sent to labor representatives with the Service Employees International Union, Local 1021 (SEIU, Local 1021) and the San Rafael Mid-Management Employee Association (SRMMEA) for comment, and no feedback has been received.
In addition, the policy has been updated to provide flexibility in providing IPM program information to the public. This information can be found on the website or at an annual public meeting.
COMMUNITY OUTREACH:
The Department of Public Works has continued to consider community concerns as it updates the IPM Policy. The proposed changes do not change or alter the previous requests. There have been no requests to change our process since the Policy was approved. The draft IPM Policy was sent to community groups who have previously expressed interest in sustainability for review. No changes were requested via email correspondence. Also, Public Works met with interested community members who attended the March 16, 2026, City Council meeting and made clarifying edits to the policy.
ENVIRONMENTAL REVIEW:
Adoption of the Integrated Pest Management Policy is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(b)(3) of the CEQA Guidelines (Commonsense Exemption) because it can be seen with certainty that amending the City's pest management practices to reflect the updated practices that reduce herbicides will not have a significant effect on the environment.
The project is also categorically exempt pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land) as the use of the pesticides will result in minor and temporary changes to already existing public facilities, which will be less invasive than prior City practices.
FISCAL IMPACT:
There is no fiscal impact relating to these changes.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Approve the resolution adopting the attached IPM Policy.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
2. Direct staff to modify the IPM Policy.
3. Reject the proposed changes and direct the staff to utilize the current IPM Policy.
RECOMMENDED ACTION:
Staff recommends that the City Council approve the Resolution to adopt an updated Integrated Pest Management (IPM) Policy.
ATTACHMENTS:
1. Resolution
2. Proposed IPM Policy and the County of Marin Approved Product List
3. Proposed IPM Policy with Tracked Changes
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN UPDATED INTEGRATED PEST MANAGEMENT POLICY; CEQA DETERMINATION:
EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15060(b)(3), 15301, and 15304 WHEREAS, in 2007, the City created an Integrated Pest Management (IPM) program outlining policies and procedures to minimize pesticide applications throughout the City; and WHEREAS, in 2014, the City Council adopted the City’s IPM Policy, which was subsequently modified to comply with the State Water Resources Control Board (SWRCB) Phase II Small Municipal Separate Storm Water Systems (MS4) National Pollutant Discharge Elimination System (NPDES) requirements; and
WHEREAS, in 2017, the Department of Public Works met with engaged community members who offered their input on improving the City’s Policy, and on September 18, 2017, the San Rafael City Council adopted Resolution No. 14393 updating the IPM Policy; and WHEREAS, City staff recommends that the Council adopt a resolution to update the policy to reflect current positions in the Department of Public Works and to update the list of approved products; and
WHEREAS, adoption of the Integrated Pest Management Policy is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(b)(3) of the CEQA Guidelines (Commonsense Exemption) because it can be seen with certainty that amending the City's pest management practices to reflect the updated practices that reduce herbicides will not have a significant effect on the environment; and WHEREAS, this activity is also exempt from CEQA review under CEQA Guidelines Section 15301 (Existing Facilities), which addresses the maintenance of existing facilities; and Section 15304 (Minor Alterations to Land), as the use of the pesticides will result in minor and temporary changes to already existing public facilities, which will be less invasive than prior City practices.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby finds and resolves as follows:
1. That all of the above findings are true and correct; and
2. Adoption of the Integrated Pest Management Policy is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(b)(3) of the CEQA Guidelines (Commonsense Exemption); and
3. The activity is also exempt from CEQA review under CEQA Guidelines Section 15301 (Existing Facilities), which addresses the maintenance of existing facilities; and Section 15304 (Minor Alterations to Land), as the use of the pesticides will result in minor and temporary changes to already existing public facilities; and
4. That the Council of the City of San Rafael does hereby adopt the attached Integrated Pest Management Policy dated March 2026.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6th day of April 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Lindsay Lara, City Clerk
San Rafael Policy and Procedures
Integrated Pest Management Program
Scope of IPM Policy
This policy governs the pesticide application by City employees, contractors hired by the City, and persons acting under the authority of or on behalf of the City in the care and maintenance of City parks, landscaped areas, and all other City-owned properties, including structures. The term "pesticides" is a general term that includes herbicides, insecticides, fungicides, and rodenticides.
The City of San Rafael is committed to a comprehensive Integrated Pest Management (IPM) program guiding the management of its parks, landscaped areas, public rights-of-way, buildings, and other essential public properties.
The purpose of this IPM program is to ensure and enhance the health, safety, and welfare of residents, visitors, and City staff by clearly defining the City's pest management strategy, the priorities for administering it, and the various means by which these priorities may be realized.
Public access to records and information relating to the City's pesticide use is an essential component of a successful IPM program, and San Rafael is fully committed to providing all pertinent information to the public in a timely, comprehensive, and understandable manner.
The City realizes that some pesticides are potentially hazardous to human health and the environment and shall administer this IPM program with a focus on long-term suppression of pest problems with minimum impact on human health, non-target organisms, and the environment. The least toxic pesticides are used only after monitoring indicates such a need, pursuant to the provisions of this policy.
1. The City of San Rafael's IPM program will include the following components:
a) Educate and train City staff, including contractors, landscapers, and facility managers, in the IPM program, practices, and policy.
Policy No.
Subject: Integrated Pest Management
Resolution No.
Issue Date:
Revision Date: April, 2026
Prepared By: Aaron Tubbs, Operations and
Maintenance Superintendent
Approved By:
b) Require City pesticide application contractors to implement the IPM Policy on all property owned, leased, or managed by the City and to report the types and amounts of pesticides used by the contractor on City-owned property. c) Reduce to the maximum extent practicable the use of pesticides. d) Consider taking a "no-action" approach in addressing certain pest control issues. e) Review and consider available non-chemical options before using a chemical pesticide.
f) Identify pests and the least toxic methods to control pests. g) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems.
h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or a contractor knowledgeable of IPM methods.
i) Maintain records by City departments on IPM methods considered and used to prevent and control pests.
j) Comply with all applicable state and federal regulations, including pesticide use and reporting.
k) Provide open public access to all IPM program information and records via website and/or through an annual meeting update
I) Conduct decision-making based on the best available science and data. m) Keep the County Agricultural Commissioner informed of water quality issues related to pesticides and of violations of pesticide regulations (e.g., illegal handling) associated with storm water management.
As the City plans for the development of new parks and landscaped areas, or the rehabilitation of existing areas, specific attention will be directed toward including specifications that eliminate or reduce the need for chemical pesticides (e.g., mowing strips next to fencing, covering all new planting areas with mulch, etc.).
Integrated Pest Management Coordinator
The Operations and Maintenance Superintendent shall be designated as the IPM Coordinator.
The IPM Coordinator is primarily responsible for implementing the IPM Policy and coordinating efforts to implement IPM techniques within the City of San Rafael. The Coordinator is responsible for communicating goals and policy decisions to appropriate City staff and all contractors who perform landscape maintenance or structural pest control on the City's behalf, as well as ensuring proper training of all employees involved with the IPM program.
Only individuals or contractors specifically designated by the IPM Coordinator as Pesticide Applicators should be permitted to apply pesticides on City parks, landscaped areas, structures, city facilities, and other essential public lands. Applicators should possess a Qualified Applicator Certificate or Qualified Applicator License, issued by the California Department of Pesticide Regulation.
The IPM Coordinator is responsible for ensuring that pesticide use is recorded and made available for public review pursuant to the provisions of this policy.
Education and Training of Staff
Education and training of personnel are critical to the success of this IPM program. Employees involved in the maintenance and associated operations of City property, including the City's parks, landscaped areas, structures, city facilities, and other essential public lands, or with the purchasing, storage, handling, and application of pesticides shall receive all the mandated, necessary, and reasonable IPM training required to perform such work in an efficient and safe manner, consistent with the provisions and intent of this policy.
Continuing Education Unit (CEU) training in IPM and training in the use of non-chemical methods of pest control are important to a successful program. In addition to formal training, the City shall provide "Safe Handlers" training to all staff assisting in the application, storage, or handling of pesticides or pesticide-related equipment. This shall include training specific to the IPM Policy. To the greatest extent practicable, City staff will ensure that all contractors hired to perform IPM-related work on the City's behalf have received appropriate education and training. The Public Works Department is dedicated to providing adequate funding and budget planning to maintain training and educational opportunities for all employees.
Use of Alternatives to Pesticides
The City is fully committed to the use of pesticide alternatives whenever practicable. Currently, the Parks Division utilizes the application of mulch materials to discourage weed growth and encourage plant health. An agreement between the City and its contract arborist specifies the provision of mulch material generated in the course of the tree maintenance contract. This mulch material is utilized by the Parks Division as a first line of defense against the proliferation of weeds. The Parks Division also uses a weed torch as a post-emergent weed control. In City playgrounds and picnic table areas, where the use of traditional pesticides is not permitted pursuant to this policy, as well as past practice, landscape maintenance crews utilize propane weed torches to burn and discourage weed growth. Extreme care must be exercised with the use of weed torches to avoid touching off unwanted conflagrations, so their use is limited by site and environmental conditions.
Criteria for Selection and Use of Pesticides
There shall be no non-exempt pesticide applications permitted within City playgrounds, picnic table areas, and on the grounds of City Hall and the Library.
It is understood that a completely weed-free landscape environment is not a goal to which the City shall aspire. The Public Works Department shall maintain landscaped areas reasonably weed-free to preserve the function and reasonable aesthetic appearance of public areas and City facilities.
With this goal in mind, the City shall select pesticides of the least toxic formulation from the current Marin County IPM Allowed Products List for landscape and structural use. Due to Parks and Facilities Division staffing levels and its ability to provide fundamental services, the City relies on Marin County’s analysis and upkeep of an IPM product list.
Within landscaped areas, pesticides shall be used only after all other non-pesticide means of weed control have been utilized or have been determined to be not feasible in a particular application due to site factors, the ability of staff to provide a particular function or service, or other pertinent factors.
Exemption Process
If the IPM Coordinator accepts a recommendation from the Pest Control Advisor to use a pesticide not on the Approved Use list, the IPM Coordinator shall submit a written request to the Public Works Director for approval. The Director shall approve such requests only if the IPM Coordinator has documented in writing:
1) a compelling need to use the pesticide,
2) a good faith effort to find alternatives to the particular pesticide, 3) that effective, economic alternatives to the particular pesticide do not exist for the proposed use, and
4) that the recommended pesticide is the least toxic pesticide available to control the target pest. Exemptions shall be granted on a case-by-case basis and shall apply to a specific pest problem for a specific and limited time, with the selection and application of such pesticides conforming to the spirit and intent of this policy.
Notification of Pesticide Applications (i.e., posting)
The Department of Public Works shall notify the public of pesticide applications at specific locations. The locations requiring notification shall be maintained on a list (as Attachment A to this policy) and updated as necessary. Notification locations shall be those places where there is a high level of public contact with the landscape. Notification shall be required at those sites listed in Attachment A. Notification shall be accomplished by posted signs at reasonable entry point locations. Notices shall include the product name, EPA Registration # (if applicable), and contact phone number for more information. Notices shall be posted prior to pesticide application and shall remain in place for at least 48 hours. If using a product of concern in an area frequented by people or pets, access shall be restricted for 48 hours. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Exempt, National Organic Program (NOP) approved, or other such non-toxic or botanical pesticides shall be exempt from these notification requirements.
Record Keeping of Pesticide Applications
The IPM Coordinator shall be responsible for maintaining records of all pesticide applications on City property performed by the City staff, or by contractors or persons authorized to apply pesticides on behalf of the City. The City shall maintain these records for a period of four (7) years, and shall make the information available to the public upon request. Application records shall include at least the following information: site of application, date of application, target pest, name of the product, active ingredient of the pesticide(s) applied, EPA registration number, amount of product applied, and the pesticide signal word. In addition, IPM records shall include a list of all exemptions granted, as well as the written justifications developed for the consideration of those exemptions.
The IPM Coordinator shall strive to make this information available when requested in a prompt and efficient manner, with the understanding that its provision is not only the legal right of any member of the public, but also a critical component of a successful IPM program.
The IPM Coordinator shall track IPM Policy implementation by periodically reviewing pesticide use by city staff and outside contractors. In order to report on pesticide use when requested by the Regional Water Quality Control Board, the IPM Coordinator shall keep records of the City's own use of pesticides of concern and the pesticides of concern used by the permittees' hired contractors on City-owned or maintained property. Pesticides of concern include glyphosatebased products.
Exemption to This Policy
An exemption to this pesticide policy will be made in order to control the proliferation of biting or stinging insects such as yellow jackets, wasps, mosquitoes, and other similar pests.
Generally, the Marin-Sonoma Mosquito and Vector Control District administers the control of these insects. In addition, the City will exempt any governmental entity from the provisions of this policy whose authority preempts that of the City.
Attachment A
Locations requiring public notification for pesticide applications:
1. Albert Park & San Rafael Community Center
2. Bernard Hoffman Field
3. Boyd Park
4. Falkirk Cultural Center
5. Freitas Park
6. Gerstle Park
7. Munson Park
8. Oleander Park
9. Peacock Gap Park
10. Pickleweed Park & Community Center
11. Ranchitos Park
12. Russom Park
13. Santa Margarita Park
14. Shoreline Park
15. Spinnaker Point I, II, III, IV
16. Sun Valley Park
17. Terra Linda Recreation Center
18. Victor Jones Park
19. Pedestrian Right-of-Ways
20. City Public Buildings
a. San Rafael City Hall
b. B Street Community Center
c. Albert J Boro Community Center
d. Terra Linda Community Center
e. San Rafael Fire Stations
f. San Rafael Parking Garages and Parking Lots
g. Downtown San Rafael Public Library
f. Falkirk Cultural Center
h. Corporation Yard
i. All Child Care Facilities
j. Boyd Gate House
Marin County 2025 DRAFT Structural Allowed Products List: Regular Use Line #
Product
(Trade Name) Active Ingredient Type Signal Word EPA Reg # Organic
Certification?
Minimum Risk aka
Eco Exempt? California Groundwater
Protection List? Prop 65 EPA Carcinogenicity Primary Use 1 Eco PCO ACU
2-phenethyl propionate, SF,
OW Insecticide Caution 67425-14-AA No No No No Not Listed Structural
insects -
crawling
insects
2 Ecovia WD
Thyme Oil, 2-Phenethyl
Propionate
Insecticide Caution N/A No Yes No No No
Crawling and
flying insects
3 Essentria G
Eugenol (Clove oil), Thyme
oil Insecticide Caution N/A No Yes No No Not Listed EU List Crawling and
flying insects
4 Essentria IC Pro
Sodium Laurel Sulfate,
Geraniol, Clove Oil,
Cornmint Oil Insecticide Caution N/A No Yes No No Not Listed EU List Crawling and
flying insects
5 EVAC Botanical
rodent repellent
Balsam fir oil; other
ingredients - fragrance oil,
plant fibers Repellant N/A
82016-1-
64405 No No No No Not Listed
Rodent
repellent
6 Freshcab
Balsam fir oil; other
ingredients - fragrance oil,
plant fibers Repellant N/A
82016-1-
64405 No No No No Not Listed
Rodent
repellent
7 Cimi Shield Knock-Out Soybean Oil Insecticide N/A N/A No Yes No No No Bed Bugs All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (Voice/TTY/CRS dial 711) or by e-mail at [email protected] at least five work days in advance.
Copies of documents are available in alternative formats, upon written request.
Marin County 2025 DRAFT Structural Allowed Products List: Special Use Line #
Product
(Trade Name) Active Ingredient Type Signal Word EPA Reg # Organic Certification? Minimum Risk aka Eco
Exempt?
California
Groundwater
Protection List? Prop 65 EPA Carcinogenicity Primary Use 1 Borid; orthoboric
acid a.i. = 99% Boric acid SF, EW, OW, SS Insecticide Caution 9444-129 No No No No Not Listed Insects, roaches, ants, silverfish,
termites
2 Concern
Diatomaceous
Earth Diatomaceous earth Insecticide Caution 50932-12 Yes No No Yes Not Listed Fleas, crawling insects 3 DRAX Nutrabait;
orthoboric acid a.i.
= 5%, Boric acid SF, EW, OW, SS Insecticide Caution 9444-131-AA No No No No Not Listed Ants; public health concerns from
insects
4 Gentrol IGR Hydroprene a.i. = 90%, SF Insecticide Caution 2724-469 No No No No Not classifiable as to human
carcinogenicity
Cockroaches, drain flies, bedbugs and
stored products pests
5 Max Force Ant Gel,
bait station a.i. =
0.001% Fipronil, SF, EW, OW, SS Insecticide Caution 432-1256 No No No No Possible Carcinogen Insects, ants 6 Max Force FC Roach
Bait Station a.i. =
0.01% Fipronil, SF, EW, OW, SS Insecticide Caution 432-1257 No No No No Possible Carcinogen Insects, roaches 7 MaxForce FC Ant
Killer Bait Gel Fipronil Insecticide Caution 432-1264 No No No Possible
Human Carcinogen No Data EU List Ants
8 MaxForce FC
Professional Insect
Control Roach Killer
Bait Gel Fipronil Insecticide Caution 432-1259 No No No Possible
Human Carcinogen No Data EU List Roaches
9 Mother Earth D
Diatomaceous earth, SF, OW,
SC Insecticide Caution 499-509 Yes No No Yes Not Listed Fleas, crawling insects 10 Niban Granular;
orthoboric acid a.i.
= 5% (AKA NIBOR) Boric acid SF, EW, OW, SS
Insecticide,
molluscicide Caution 64405-2 Yes No No No Not Listed
Insects, roaches, ants, silverfish,
snails, slugs, earwigs
11 Nibor-D
Disodium Octaborate
Tetrahydrate 98% Insecticide Caution 64405-TN1 No No No No Not Listed Insects, roaches, ants, silverfish,
snails, slugs, earwigs
12 Terro PCO (AKA
DOMINANT)
Sodium tetraborate
decahydrate a.i. = 5.4% Insecticide Caution 149-8-64405 No No No No Not Listed Insects, ants 13 Dominant
Sodium tetraborate
decahydrate a.i. = 5.4% Insecticide Caution 64405-23 No No No No Not Listed Insects, ants All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (Voice/TTY/CRS dial 711) or by e-mail at [email protected] at least five work days in advance. Copies of documents are available in alternative formats, upon written request.
Marin County 2025 DRAFT Landscape Allowed Products List: Regular Use Line #
Product
(Trade Name) Active Ingredient Type Signal Word EPA Reg # Derivation Organic
Certification?
Minimum Risk aka
Eco Exempt?
California
Groundwater
Protection List? Prop 65
EPA
Carcinogenicity Primary Use
1 Agri-fos
Phosphorous acid,
SF Fungicide Caution 71962-1 Synthetic No No No No No Sudden Oak Death (SOD) treatment 2 Azaguard Azadirachtin Insecticide Caution 70299-17 Natural Yes No No No No Control of indoor and outdoor pests 3 Civitas Mineral oil
Fungicide/
Insecticide Caution 69526-13 Synthetic Yes No No No No
Fungicide and Insecticide for turf on
golf courses, sports and athletic
fields
4 Companion Bacillus subtilis Fungicide Caution 71065-3 Natural Yes No No No No To improve health and vigor of turf
grass at the golf course
5 Competitor Ethyl oleate Surfactant Caution CA 2935-50173 Natural No No No No No Used as a surfactant 6 Dipel Pro DF
Bacillus
thuringiensis Insecticide Caution 73049-39 Natural Yes No No No No Used on golf course and sports turf
to control sod web worms
7 Essentria IC3
Rosemary oil,
Geraniol,
Peppermint oil Insecticide Caution N/A Natural No Yes No No Not Listed EU List Crawling and flying insects 8 Pentra-bark
Polyethylene glycol,
SF Surfactant Caution CA 83416-50001-AA Synthetic No No No No No Surfactant for Agri-fos, used in
combination for SOD treatment
9 PT Wasp Freeze II Prallethrin Insecticide Caution 499-550 Synthetic No No No No No Emergency wasp nest destruction
for spray treatment of in ground or
aerial wasp nest posing significant
hazard to public
10 Reliant Phosphoric acid Fungicide - SOD Caution 83416 Synthetic No No No No No 11 Sluggo
Iron phosphate SF,
EW, OW Molluscicide Caution 67702-3 Synthetic Yes No No No No Used as nail and slug bait for
landscapes
12 Tract 70
Clarified
Hydrophobic Extract
of Neem Oil
Fungicide/
Insecticide/ Miticide Caution 70051-CA-001 Yes No No No No 13 Tri Tek
residue of mineral
oil Insecticide Caution 48813-1 Natural Yes No No No No
pests in the egg stages, including
spider mites, armored scale, soft
14 Essentria Wasp and
Hornet Spray
1.50% Peppermint
oil, 0.15% Sodium
lauryl sulfate Insecticide Caution
Eco-Exempt (FIFRA
25b) Synthetic No Yes No No No
Emergency wasp nest destruction
for spray treatment of in ground or
aerial wasp nest posing significant
hazard to public
All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (Voice/TTY/CRS dial 711) or by e-mail at [email protected] at least five work days in advance. Copies of documents are available in alternative formats, upon written request.
Marin County 2025 DRAFT Landscape Allowed Products List: Special Use Line #
Product
(Trade Name) Active Ingredient Type Signal Word EPA Reg # Organic Certification? Minimum Risk aka Eco
Exempt?
California
Groundwater
Protection List? Prop 65 EPA Carcinogenicity Primary Use 1 Suppress Caprylic acid, capric acid Herbicide Warning 51517-9 Yes No No No No Non-selective, post emergent foliar applied burndown for weeds and grasses
2 Safer Soap
Potassium salts of fatty
acids, ethyl alcohol, SF,
OW Insecticide Warning 42697-59 Yes No No No No Civic Center Atrium and certain landscape plants 3 Finalsan-O
Ammoniated soap of
fatty acids Herbicide Warning 67702-34-70051 Yes No No No No Non-selective foliar applied for weed, grass, algae and moss 4 Finalsan
Ammoniated soap of
fatty acids Herbicide Warning 67702-8 Yes No No No No Non-selective foliar applied for weed, grass, algae and moss 5 Drione
Pyrethrin and piperonyl
butoxide Insecticide Caution 432-992 No No No No Possible For treatment of wasp nest posing significant hazard to public 6 Fusilade II Fluazifop-P-butyl Herbicide Caution 100-1084 No No No Yes No Used to reduce Bermuda grass in landscapes with high value plantings; also used in areas where Goat grass has been difficult to eradicate
7 Heritage Azoxystrobin Fungicide Caution 100-1093 No No Yes No No Used for control of anthracnose, brown patch, Fusarium patch, gray snow mold, and Phythium blight at McInnis GC
8 Specticle FLO indazilflam Herbicide Warning 432-1518 No No Yes No No Pre-emergent used for the control of annual grasses, sedges, and broadleaf weeds
All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (Voice/TTY/CRS dial 711) or by e-mail at [email protected] at least five work days in advance. Copies of documents are available in alternative formats, upon written request.
San Rafael Policy and Procedures
Integrated Pest
Management Program
Scope of IPM Policy
This policy governs the pesticide application by Ccity employees, and contractors not only Department of Public Works employees, but also contractors hired by the City, and persons acting under the authority of or on behalf of the City in the care and maintenance of City parks, landscaped areas, and all other City- owned properties, including structures. The term "pesticides" is a general term that includes herbicides, insecticides, fungicides, and rodenticides.
The City of San Rafael is committed to a comprehensive Integrated Pest Management (I PM) program guiding the management of its parks, landscaped areas, public rights-of-ways, buildings, and other essential public properties.
The purpose of this IPM program is to ensure and enhance the health, safety, and welfare of citizensresidents, visitors, and City staff by clearly defining the City's pest management strategy, the priorities for administering itthis strategy, and the various means by which these priorities may be realized. Public access to records and information relating to the City's pesticide use is an essential component of a success fullful IPM program, and San Rafael is fully committed to providing all pertinent information to the public in a timely, comprehensive, and understandable manner.
The City realizes that some pesticides are potentially hazardous to human health and the environment, and shall administer this IPM program with a focus on long termlong-term suppression of pest problems with minimum impact on human health, non-target organisms, Policy No.
Subject: Integrated Pest Management
Resolution No.
Issue Date:
Revision Date: September, 2017 MarchApril, 2026
Prepared By: Aaron Tubbs, Operations and
Maintenance SuperintendentDave
Davenport, Park Maintenance Supervisor
Approved By: Jim Schutz, City Manager
and the environment. Least The least toxic pesticides are used only after monitoring indicates such a need, pursuant to the provisions of this policy.
1. The City of San Rafael's IPM program will include the following components:
a) Educate and train City staff, including contractors, landscapers, and facility managers, in the IPM program, practices, and policy.
b) Require City pesticide application contractors to implement the IPM Policy on all property owned, leased, or managed by the City and to report the types and amounts of pesticides used by the contractor on City-owned said property. c) Reduce to the maximum extent practicable the use of pesticides. d) Consider taking a "no-action" approach in addressing certain pest control issues. e) Review and consider available non-chemical options before using a chemical pesticide.
f) Identify pests and the least toxic methods to control pests. g) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems.
h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or a contractor knowledgeable of IPM methods.
i) Maintain records by City departments on IPM methods considered and used to prevent and control pests.
j) Comply with all applicable state and federal regulations, including pesticide use and reporting.
k) Provide open public access to all IPM program information and records via website and/or through an annual meeting update .
I) Conduct decision-making based on the best available science and data. m) Keep the County Agricultural Commissioner informed of water quality issues related to pesticides and of violations of pesticides regulations (e.g., illegal handling) associated with storm water management;.
As the City plans for the development of new parks and landscaped areas, or the rehabilitation of existing areas, specific attention will be directed toward including specifications that eliminate or reduce the need for chemical pesticides (e.g., mowing strips next to fencing, covering all new planting areas with mulch, etc.).
Integrated Pest Management Coordinator
The Parks Operations and Maintenance Superintendent shall be designated as the IPM Coordinator. The IPM
Coordinator is primarily responsible for implementing the IPM Policy and coordinating efforts to implement IPM techniques within the Public Works DepartmentCity of San Rafael. The Coordinator is responsible for communicating goals and policy decisions to appropriate City staff and all contractors who perform landscape and structural maintenance or structural pest control on the City's behalfcontractors, as well as ensuring proper training of all employees involved with the IPM program, and all contractors who perform landscape maintenance on the City's behalf.
Only individuals or contractors specifically designated by the IPM Coordinator as Pesticide Applicators shall should be permitted to apply pesticides on City parks, landscaped areas, structures, city facilities, and other essential public lands. Applicators shall should possess a Qualified Applicator Certificate or Qualified Applicator License, issued by the California Department of Pesticide Regulation.
The IPM Coordinator is responsible for ensuring that pesticide use is recorded and made available for public review pursuant to the provisions of this policy.
Education and Training of Staff
Education and training of personnel is are critical to the success of this IPM program.
Employees involved in the maintenance and associated operations of City property, including the City's parks, landscaped areas, structures, city facilities, and other essential public lands, or with the purchasing, storage, handling, and application of pesticides shall receive all the mandated, necessary, and reasonable IPM training required to perform such work in an efficient and safe manner, consistent with the provisions and intent of this policy.
Continuing Education Unit (CEU) training in IPM and training in the use of non-chemical methods of pest control are important to a successful program. In addition to formal training, the City shall provide "Safe Handlers" training to all staff assisting in the application, storage, or handling of pesticides or pesticide-related equipment. This shall include training specific to the IPM Policy. To the greatest extent practicable, City staff will ensure that all contractors hired to perform IPM relatedIPM-related work on the City's behalf have received appropriate education and training. The Public Works Department is dedicated to providing adequate funding and budget planning to maintain training and educational opportunities for all employees.
Use of Alternatives to HerbicidesPesticides
The City is fully committed to the use of pesticide alternatives whenever practicable.
Currently, the Parks Division utilizes the application of mulch materials to discourage weed growth and encourage plant health. An agreement between the City and its contract arborist specifies the provision of mulch material generated in the course of the tree maintenance contract. This mulch material is utilized by the Parks Division as a first line of defense against the proliferation of weeds. The Parks Division also uses a weed torch as a post emergentpost- emergent weed control. In City playgrounds and picnic table areas, where the use of traditional herbicides pesticides is not permitted pursuant to this policy, as well as past practice, landscape maintenance crews utilize propane weed torches to burn and discourage weed growth. Extreme care must be exercised with the use of weed torches to avoid touching off unwanted conflagrations, so their use is limited by site and environmental conditions.
Criteria for Selection and Use of Pesticides
There shall be no non-exempt herbicide pesticide applications permitted within City playgrounds, picnic table areas, and on the grounds of City Hall and the Library.
It is understood that a completely weed freeweed-free landscape environment is not a goal to which the City shall aspire. The Public Works Department shall maintain landscaped areas reasonably weed- free , to preserve the function, and reasonable aesthetic appearance of public areas and City facilities. With this goal in mind, and considering the Parks and Facilities Division staffing levels and the divisions's ability to provide fundamental services, the City relies on Marin County’s analysis and upkeep of an IPM product list.
With this goal in mind, tTthe City shall select herbicides pesticides of the least toxic formulation from the current Marin County IPM Allowed Products List for landscape and structural use.list of Approved Use Products included in this policy from the County. Due to Parks and Facilities Division staffing levels and itsthe divisions' ability to provide fundamental services, the City relies on Marin County’s analysis and upkeep of an IPM product list.
Within For landscaped areas, Herbicides pesticides shall be used only after all other nonpesticide means of weed control have been utilized or have been determined to be not feasible in a particular application due to site factors, the ability of staff to provide a particular function or service, or other pertinent factors.
Exemption Process
If the IPM Coordinator accepts a recommendation from the Pest Control Advisor that a pesticide outside of the Approved Use list should be utilizedto use a pesticide not on the Approved Use list, the IPM Coordinator shall submit a written request to the Public Works Director for approval. The Director shall approve such requests only if the I PM Coordinator has documented in writing:
1) a compelling need to use the pesticide,
2) a good faith effort to find alternatives to the particular pesticide, 3) that effective, economic alternatives to the particular pesticide do not exist for the proposed use, and
4) that the recommended pesticide is the least toxic pesticide available to control the target pest. Exemptions shall be granted on a case by casecase-by-case basis and shall apply to a specific pest problem for a specific and limited time, with the selection and application of such pesticides conforming to the spirit and intent of this policy.
Notification of Pesticide Applications (i.e., posting)
The Department of Public Works shall notify the public of pesticide applications at specific locations. The locations requiring notification shall be maintained on a list (as Attachment A to this policy) and updated as necessary. Notification locations shall be those places where there is a high level of public contact with the landscape. Notification shall be required at those sites listed in Attachment A. Notification shall be accomplished by posted signs at reasonable entry point locations. Notices shall include the product name, EPA Registration # (if applicable), and contact phone number for more information. Notices shall be posted prior to pesticide application and shall remain in place for at least 48 hours. If using a product of concern in an area frequented by people or pets, access shall be restricted for 48 hours. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Exempt, National Organic Program (NOP) approved, or other such non-toxic or botanical pesticides shall be exempt from these notification requirements.
Record Keeping of Pesticide Applications
The IPM Coordinator shall be responsible for maintaining records of all pesticide applications on City property performed by the City staff, or by contractors or persons authorized to apply pesticides on behalf of the City. The City shall maintain these records for a period of four (7) years, and shall make the information available to the public, upon request. Application records shall include at least the following information: site of application, date of application, target pest, name of the product and , active ingredient of the pesticide(s) applied and, EPA registration number, amount of product applied, and the pesticide signal word. In addition, IPM records shall include a list of all exemptions granted, as well as the written justifications developed for the consideration of those exemptions.
The IPM Coordinator shall strive to make this information available when requested via an IPM website in a prompt and efficient manner, with the understanding that its provision is not only the legal right of any member of the public, but also a critical component of a successful IPM program.
The IPM Coordinator shall track IPM Policy implementation by periodically reviewing pesticide use by city staff and outside contractors. In order to report on pesticide use when requested by the Regional Water Quality Control Board, the IPM Coordinator shall keep records of the City's own use of pesticides of concern and the pesticides of concern used by the permittees' hired contractors on City ownedCity-owned or maintained property. Pesticides of concern include glyphosate basedglyphosate-based products.
Exemption to This Policy
An exemption to this pesticide policy will be made in order to control the proliferation of biting or stinging insects such as yellow jackets, wasps, mosquitoes, and other similar pests.
Generally, the control of these insects is administered by the Marin-Sonoma Mosquito and Vector Control Districtthe Marin-Sonoma Mosquito and Vector Control District administers the control of these insects. In addition, the City will exempt any governmental entity from the provisions of this policy whose authority pre-emptspreempts that of the City.
Attachment A
Locations requiring public notification for pesticide applications:
1. Albert Park & San Rafael Community Center
2. Bernard Hoffman Field
3. Boyd Park
4. Falkirk Cultural Center
5. Freitas Park
6. Gerstle Park
7. Munson Park
8. Oleander Park
9. Peacock Gap Park
10. Pickleweed Park & Community Center
11. Ranchitos Park
12. Russom Park
13. Santa Margarita Park
14. Shoreline Park
15. Spinnaker Point I, II, III, IV
16. Sun Valley Park
17. Terra Linda Recreation Center
18. Victor Jones Park
19. Pedestrian Right-of-Ways
20. City Public Buildings
a. San Rafael City Hall
b. B Street Community Center
c. Albert J Boro Community Center
d. Terra Linda Community Center
e. San Rafael Fire Stations
f. San Rafael Parking Garages and Parking Lots
g. Downtown San Rafael Public Library
f. Falkirk Cultural Center
h. Corporation Yard
i. All Child Care Facilities
j. Boyd Gate House
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 2.g
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Adeel Shaikh, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: LINCOLN AVENUE BRIDGE PREVENTIVE MAINTENANCE PROJECT FUNDING
AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAM
SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR $173,600 IN FEDERAL HIGHWAY BRIDGE
PROGRAM (HBP) FUNDS FOR THE LINCOLN AVENUE BRIDGE PREVENTIVE
MAINTENANCE PROJECT
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $173,600 in federal Highway Bridge Program (HBP) funds for the Lincoln Avenue Bridge Preventive Maintenance Project (the “Project”).
BACKGROUND:
The Highway Bridge Program (HBP) is a safety program that provides federal aid to local public agencies to replace, rehabilitate, or complete preventive maintenance on locally owned public highway bridges, with the goal of eliminating structural deficiencies from existing local highway bridges and keeping the traveling public safe. The purpose of the HBP is to keep local highway bridges in good condition through a preventive maintenance program and to repair bridges in fair condition. A bridge in poor condition must utilize the most cost-effective and prudent solution to improve its condition from poor to fair or good.
The California Department of Transportation (Caltrans) Division of Structure Maintenance and Investigations routinely inspects bridges in San Rafael in the National Bridge Inventory (NBI) based on deficiencies, structural adequacy, safe load-carrying capacity, and overall condition. Based on these inspections, repairs have been recommended for the concrete bridge on Lincoln Avenue spanning Mahon Creek.
The Lincoln Avenue Bridge is approximately 60 feet in length and is a two-lane concrete structure with concrete columns. Built in 1959, the bridge is located 700 feet south of Second Street and plays a vital role in connecting local traffic from Downtown San Rafael to the commercial/industrial area near Irwin SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Street. The bridge was last inspected in July 2023 and exhibits cracking in the support columns and spalling (missing pieces) of concrete under the bridge deck, all of which are due to the bridge's age.
Based on Caltrans recommendations, the City plans to make necessary repairs to extend the bridge’s life.
ANALYSIS:
On September 5, 2025, the City submitted an application for HBP funds. On September 19, 2025, HBP approved the application, and $173,600 in Federal HBP funds for the preliminary engineering (PE) phase were programmed in the Federal fiscal year 25/26. On November 18, 2025, the City submitted a request for authorization to proceed with the PE phase of the Project. After the Project was adopted into the Federal Transportation Improvement Program (FTIP) by the Metropolitan Transportation Commission (MTC) on December 1, 2025, the Project received authorization to proceed in the PE phase on January 21, 2026.
On February 10, 2026, the City received a Program Supplement Agreement for the Project from Caltrans.
A resolution stating the authorized signee for the Program Supplement Agreement with Caltrans and an executed Program Supplement Agreement are required to receive HBP funds. Future HBP grant fund allocation for the construction phase of the Project will occur once the PE phase is complete.
City Council approval of the proposed resolution aligns with the City’s FY 2025-2028 Strategic Plan, specifically Goal B.1: Develop and maintain an integrated, multimodal transportation network that serves users effectively and safely.
ENVIRONMENTAL DETERMINATION:
An environmental determination for the underlying Project has not yet been completed. Environmental planning, i.e., the work required to obtain California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) clearances, will be conducted as part of the PE phase of the Project.
FISCAL IMPACT:
If the City Council adopts this resolution, the City would be able to receive and use $173,600 in Federal HBP funds for the Project in Fiscal Year 2026-27. The Fiscal Year 2026-27 Budget (Gas Tax Funds #206) will include appropriations for the Project’s PE phase. The estimated cost for the PE phase of the project is $173,600 in HBP funds with an additional $43,400 in local funds.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Adopt the resolution as presented.
2. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Program Supplement Agreement with the California Department of Transportation (Caltrans) for $173,600 in federal Highway Bridge Program (HBP) funds for the Lincoln Avenue Bridge Preventive Maintenance Project (the “Project”).
ATTACHMENTS:
1. Resolution
2. Exhibit A – Program Supplement Agreement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAM SUPPLEMENT
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR $173,600 IN FEDERAL HIGHWAY BRIDGE PROGRAM (HBP) FUNDS FOR THE LINCOLN AVENUE
BRIDGE PREVENTIVE MAINTENANCE PROJECT
WHEREAS, the City of San Rafael is eligible to receive Federal funding for the Lincoln Avenue Bridge Preventive Maintenance Project through the California Department of Transportation (Caltrans); and
WHEREAS, a Program Supplement Agreement must be executed with the California Department of Transportation before such funds may be claimed; and WHEREAS, the City of San Rafael wishes to delegate authorization to execute the agreement and any amendments thereto to the City Manager; and
WHEREAS, Caltrans requires the City Council to adopt a resolution authorizing the execution of the agreement between Caltrans and the City of San Rafael to ensure receipt of the funds; and NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute the Program Supplement Agreement, attached hereto as Exhibit A, and any amendments thereto with the California Department of Transportation.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th day of April 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
F032
FOR FEDERAL-AID PROJECTS NO 04-5043F15
0426000093
January 26, 2026
04-MRN-0-SRF
BPMP-5043(051)
5043
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/27/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Bridge No. 27C0077, Lincoln Avenue over San Rafael Creek Remove unsound concrete from the abutment spall, clean & coat exposed rebar, patch bent cap spalls
0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Y001 $173,600.00
CITY OF SAN RAFAEL
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$217,000.00 $43,400.00 $0.00
Chief, Office of Project Management Oversight
STATE OF CALIFORNIA
Department of Transportation
$173,600.00
Program Supplement 04-5043F15-F032- ISTEA 1Page of 7
02/10/2026
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
BPMP-5043(051)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
Program Supplement 04-5043F15-F032- ISTEA Page 2 of 7
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
BPMP-5043(051)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
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2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 04-5043F15-F032- ISTEA Page 6 of 7
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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
4. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.
Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).
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____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 2.h
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Craig Veramay,
Assistant Library and Recreation
Director
April Miller, Public Works Director
City Manager Approval: ___________
TOPIC: PICKLEWEED CHILDCARE REPLACEMENT PORTABLE BUILDINGS
PROCUREMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CLASS LEASING, LLC FOR THE PROCUREMENT AND INSTALLATION OF
PORTABLE BUILDINGS FOR THE PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, CITY PROJECT NO. C661145010, IN THE AMOUNT NOT TO EXCEED $849,606; 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.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
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 replacement of the portable buildings and the proposed site improvements are intended to enhance the quality and functionality of the preschool site.
San Rafael Municipal Code Section 2.55.100 allows for the city to purchase supplies, materials, equipment, or services and sales of surplus property made under a cooperative purchasing program, such as by utilizing purchasing agreements maintained by other public agencies, without complying with the competitive bidding requirements set forth in the municipal code. This purchase would utilize an existing purchasing agreement maintained by other public agencies. 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.
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”).
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ATTACHMENTS:
1. Resolution
2. Formal Construction Contract with Class Leasing, LLC.
3. Exhibit G – Class Leasing Sales Agreement
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CLASS LEASING, LLC FOR THE PROCUREMENT AND
INSTALLATION OF PORTABLE BUILDINGS FOR THE PICKLEWEED CHILDCARE REPLACEMENT PORTABLES PROJECT, CITY PROJECT NO. C661145010, IN THE AMOUNT NOT TO EXCEED $849,606; 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, 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.
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 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.
4. 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.
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 Monday, the 6th day of April 2026, by the following vote, to wit:
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 the date signed by all parties below (“Effective Date”).Error! Reference source not found.
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): __B___________.
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 v. May 2025 Page 2
specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor’s expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. Bond costs will be in addition to the proposed sales price of the project, as detailed in Exhibit G, Sales Agreement.
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 Exhibit G – Class Leasing Executed Sales Proposal
3.9 Exhibit H - Approved DSA Plans
3.10 Exhibit I - Executed Change Orders
3.11 Notice Inviting Bids, if any
3.12 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”), plus any legitimate Change Orders for time due to delays not the fault of the Contractor.
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. Substantial Completion, as reasonably determined by the City, shall constitute completion of work.
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.
v. May 2025 Page 3
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 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 as provided by Class Leasing Certificate of Insurance.
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 on-site 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 v. May 2025 Page 4
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”).
For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.
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.
10.6 Off-Site Work. The parties acknowledge that some of the Work may be performed offsite. Offsite work may be subject to California prevailing wage laws, including but not limited to Labor Code sections 1720 et seq. Contractor shall be solely responsible for determining whether California prevailing wages laws apply to the offsite Work and for complying with prevailing wage requirements to the extent they are applicable, including without limitation payment of wages, employment of apprentices, recordkeeping, and submission of certified payroll records.
To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from and against any and all claims, demands, liabilities, damages, penalties, fines, assessments, losses, costs, and expenses (including without limitation attorneys’ fees and costs) arising out of or related to (i) Contractor’s determination regarding the applicability of prevailing wage laws to offsite Work, or (ii) any failure by Contractor or its subcontractors to comply with applicable prevailing wage requirements to offsite Work. Contractor’s obligations under this section shall survive completion of the Work or termination of this Agreement.
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 v. May 2025 Page 5
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.
After issuance of Notice To Proceed for off-site fabrication work, the City acknowledges that the Contractor costs incurred may be close to or equal to the full contract value, and that the City will be responsible for the payment of work satisfactorily performed before termination, which may include Contractor supply and equipment procurement pre-fabrication.
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 Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to mediation in accordance with CA law prior to litigation.
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 v. May 2025 Page 6
the Work for the Project as substantially complete (“Warranty Period”) as reasonably determined by the City. 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 during regular working hours. Building shall be locked during nonworking hours.
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.
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.
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 v. May 2025 Page 7
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:
City:
Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: (415)-458-5006
Attn: John Thomas
Email: [email protected]; CC
[email protected]
Contractor:
Name: Error! Reference source not found. Class Leasing, LLC Address: 1651 S. Juanita Street
City/State/Zip: San Jacinto, CA 92583
Phone: (559)-939-2589
Attn: Drew Sylvia / Lori Whittington
Email: [email protected]
v. May 2025 Page 8
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 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.]
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
v. May 2025 Exhibit A
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 v. May 2025 Exhibit A
return & supply, Hose bib /recessed, 200 amp panel, 110 v dedicated lines (x3), 220 v dedicated lines (x2) electrical (x8),data boxes (x8) Inclusions for the 2 Classrooms are as follows:
Inclusions for the Office are as follows:
v. May 2025 Exhibit A
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:
v. May 2025 Exhibit A
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:
☐ A fixed fee for the work performed
☒ On a time and materials basis for the work performed based on the following unit rates:
v. May 2025 Exhibit A
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 –
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: This Section is Not Applicable
5. Builder’s Risk Insurance: This Section is Not Applicable
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:
v. May 2025 Exhibit B
(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 other than acts of negligence or direct performance of the City or its Employees. (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. This section is Not Applicable.
Subcontractors. Contractor must ensure that each Subcontractor is required to maintain a minimum of $1,000,000 insurance coverage , 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. 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 v. May 2025 Exhibit B
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.
v. May 2025 Bond Forms
Exhibit C
BOND FORMS
Required for contracts over $25,000.
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: _________________________________________
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
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 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
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
v. May 2025 Bond Forms
Bid Bond
THIS SECTION IS NOT APPLICABLE
END OF BID BOND
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
v. May 2025 Exhibit E
Exhibit E
BID SCHEDULE
THIS SECTION IS NOT APPLICABLE
END OF BID SCHEDULE
v. May 2025 Exhibit F, G, H, I
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,1the 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. v. May 2025 Exhibit F, G, H, I
Exhibit G
Class Leasing Executed Sales Proposal
The Class Leasing Executed Sales Proposal is attached and made part of this agreement. To the extent there is a conflict between the Proposal and this Agreement, the terms and conditions of this Agreement shall prevail and govern.
Exhibit H
Approved DSA Plans
The Final Approved Plan Set will be attached and made part of this agreement.
Exhibit I
Executed Change Orders
Executed Change Orders will be attached and made part of this agreement in accordance with sections 23.6 and 23.7.
Class Leasing, LLC
1651 S. Juanita Street
San Jacinto, CA 92583
Sales Number: TBD
Sales Agreement
This Sales Agreement (“Agreement”) dated, January 22nd, 2026 is entered into by and between Class Leasing, LLC located at 1651 S. Juanita Street, San Jacinto, CA 92583 (“Seller”) and City of San Rafael/Public Works Dept located at 111 Morphew St. San Rafael CA 94901 (“Buyer”). Buyer and Seller may be individually referred to herein as a “Party” or collectively as the “Parties
Pursuant to the mutual covenants and agreements set forth herein and for other good and valuable consideration, the Buyer and Seller covenant and agree to be bound as set forth below.
Buyer agrees to purchase from Seller one or more modular and/or prefabricated structures (“Building(s)” or “Equipment”) and to have the Buildings set-up and installed (“Work”) as detailed more particularly as follows:
PROJECT DESCRIPTION
Project Name Pickleweed Childcare Center
Project Address 40 Canal Street, San Rafael, CA 94901
Project Proposal Proposal/Quote ID:
BUILDING INFORMATION
Description including:
(Quantity, type, size & serial numbers)
(2) 24’ x 40’ New Classrooms
Serial #C-26-3271 A/B, #C-26-3272 A/B
(1) 24’ x 40’New Office
Serial #C-26-3273 A/B
COSTS AND FEES
Building(s) Classrooms- (2) 24’ x 40’ with Tenant
Improvements
$382,536.00
Office Building(s) (1) 24’ x 40’ with Tenant
Improvements
$257,179.00
Delivery $32,820.00
Installation 24’ x 40’ Classrooms/Office on wood
foundation/prevailing wage
14,400.00
Materials- 24’ x 40’ Classroom/Office wood
foundation/prevailing wage (x3)
$4,020.00
Installation: Plumbing manifold/plumb wall supply
and drain (x3/building)/prevailing wage
$7,200.00
Material: Plumbing manifold/plumb wall supply and
drain (x2/building)
$11,520.00
Tenant Improvement: Fire Sprinkler w/ riser for all
buildings
$87,072.00
Crane $16,830.00
Exhibit G - Executed Sales Agreement
Class Leasing, LLC
1651 S. Juanita Street
San Jacinto, CA 92583
Sales Number: TBD
Forklift (8 Hours) $1,200.00
DSA 1-MR/Stockpile Fee $2,450.00
Permits: CHP Public roads travel requirements,
Engineering structural PC plan, Mobilization-PM
$15,720.00
Bonds- Performance/Payment $16,659.00
Total Contract Price $849,606.00
Buyer acknowledges the Proposal incorporated by reference above, as well as any Purchase Order or any other documents attached to the Agreement and initialed by Buyer and Seller or referenced in the executed Sales Agreement are incorporated to the Agreement and become a part of the Agreement.
Documents forming Contract are as follows:
1. Class Leasing Proposal
2. Class Leasing Specification & Scope of work
3. Customer Submittal/Applicable Piggyback
4. Customer Approved Submittal Per Drawings
The building(s) will be located at the above referenced project address (“Location”) for the purchase price and on the payment terms contained herein, subject to the additional terms and conditions set forth on the subsequent pages of this Agreement.
Contract Price and Payment Terms: In consideration of Seller furnishing the building and performing the Work, Buyer will pay Seller the referenced Contract Price, net 30 subject to such additions or deductions relative to the changes which may hereinafter be agreed upon between the Parties in writing by Change Order described in and made pursuant to the Additional Terms and Conditions. Buyer will pay Seller the full Contract Price according to the terms set forth below. In the event that delivery of the Building(s) requires more than one shipment, Seller may, at its option, render separate invoices for each shipment, which the Buyer agrees to satisfy.
CONTRACT TIME:
(a) The Work is intended to be Substantially Complete on July, 2026; and final acceptance be within a commercially reasonable time following Substantial Completion. The Work is deemed Substantially Complete when (ii) the Work or Equipment is capable of being beneficially used as intended ("Substantially Complete" or “Substantial Completion”). Incomplete scope of work the responsibility of others (i.e. utilities, concrete flat work, etc.) shall not hinder or prohibit the Work or Equipment from being considered Substantially Complete.
(b) Manufacture. For newly manufactured Equipment, custom-built new Equipment, or custom-modified existing Equipment, the drawings, specifications, submittals, opinions, and any other referenced design submitted by Buyer ("Specs") will be used to create engineered Stamped DSA Approved Drawings.
Equipment MUST be built in accordance with the Stamped DSA Approved Drawings. Any contradiction in the Order among the Specs and the Stamped DSA Approved Drawings will be resolved in favor of the Stamped DSA Approved Drawings. The process of obtaining all requisite submittals and DSA approvals for creation of Stamped DSA Approved Drawings may affect production and performance time.
Performance time shall be equitably adjusted based on submittal and approval delays. (c) If Seller is delayed at any time in progress of the Work by changes ordered to the building(s) or to the Work, by Customer Delays, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Seller’s control, then the Contract Time will be extended for such reasonable time as determined in favor of a time extension to the Seller.
(d) If Buyer is delayed in accepting delivery of the Equipment exceeding 60 days beyond Seller’s scheduled delivery date, Buyer shall pay a storage fee of $40 per day to store the Equipment at an off-site location.
Class Leasing, LLC
1651 S. Juanita Street
San Jacinto, CA 92583
Sales Number: TBD
If Equipment Purchase Price has been received in full by Seller, and Seller is storing Equipment at an offsite location, this agreement shall bifurcate into two transactions: (1) Sale of Goods; (2) Service Agreement. The Sale of Goods transaction shall be deemed completed upon payment of Equipment Purchase Price, and the Service Agreement remains to be performed for the remaining Work of delivery and installation.
Payments will be made to Seller as follows: Seller shall issue invoices to Buyer on a progress billing/milestone schedule as milestones are completed, or as equipment is completed and procured from the manufacturer and stored (identified and allocated for the Buyer). Buyer acknowledges that the manufacture and modification of Building(s)/Equipment are performed in-plant, rather than on Site. Invoices for such goods purchased and stored for the Project shall be issued at that time of storage and paid within thirty (30) days of receipt of the invoice, regardless of whether such equipment stored in plant or on Site.
Additional Terms and Condition
$– $729,237.00-Billed Monthly based on (%) percentage of completion in plant. (Customer In-Plant inspection of building(s) available by appointment $– $66,570.00 – Due at time of Delivery.
$-- $53,799.00 – Due at time of completion of Installation of the Building(s) $– $849,606.00 Project total (Excluding Change Orders)
The Parties acknowledges the Additional Terms and Conditions attached hereto are incorporated by reference herein and form part of this Agreement.
IN WITNESS WHEREOF, the parties, by their duly authorized officers, have signed, sealed, and delivered this Agreement on the date noted above and below:
Seller: Class Leasing, LLC Buyer: City of San Rafael/Public Works Dept Signature: Signature:
Name: Lori Whittington Name:
Title: President Title:
Date: Date:
Class Leasing Standard Sale Agreement Terms and Conditions The parties hereto, Class Leasing, LLC, a California limited liability company, as seller (the “Seller”) and City of San Rafael/Public Works Dept (“Buyer”) whose address is 111 Morphew St. San Rafael CA 94901 hereby agree to this Sale Agreement and the terms and conditions set forth herein. The individual signing this Sale Agreement affirms that he/she is duly authorized to execute and commit to this Sale Agreement for the above-named Buyer.
Class Leasing, LLC
1651 S. Juanita Street
San Jacinto, CA 92583
Sales Number: TBD
1. SALE. Seller sells to Buyer, and Buyer purchases from Seller, the equipment listed on each Sale Agreement hereto (“Equipment”) on the terms and conditions set forth herein. Each such Sale Agreement shall constitute a separate and independent sale agreement (a “Sale Agreement”) of the Equipment listed in such Agreement.
2. TIME AND PLACE OF DELIVERY.
2.1 Deliver. Seller agrees to deliver the Equipment to (Refer to Project Address above). Buyer shall own such site and/or have express legal authorization to locate the Equipment upon that same site. If Buyer fails to provide such a site, then Buyer shall pay for any resulting additional delivery, installation, and knock down and return charges, including, but not limited to, storage related charges attributable to delayed delivery and/or installation of the Equipment required and/or requested by Buyer.
2.2 Site Conditions. Seller agrees to deliver the Equipment to the site location listed in 2.1 above (the “Site”).
Buyer shall ensure that a level compact, truck accessible site is available for placement of the Equipment. Buyer warrants that the Site will have: safe access free from encumbrances, a level pad with no more than 3 inches of variance in 30 feet, and adequate soil bearing pressure of not less than 2500 psf. Following delivery, Seller will remove all Seller-owned equipment such as plywood, tools, etc. prior to or at the time of building acceptance. Buyer is responsible for all necessary permits, utility hookups, pilot cars, and Site preparation.
2.3 Building Codes, Licenses and Permits. The Buyer is solely responsible for compliance with applicable building codes and/or for obtaining any type of building permits and licenses required for the Equipment. Buyer further warrants that the placement of the Equipment on the Site as well as any work performed at the Site will not violate zoning restrictions or other land use laws, and Buyer agrees to indemnify and hold Seller harmless from all loss or damage or liability which may result from any such violations.
Buyer will provide to Seller any and all zoning verification required for the Equipment. Seller may reasonably rely on such information, warranties, and verifications from the Buyer.
2.4 Excusable Delay. Seller shall not be liable for any delay in delivering the Equipment or providing applicable services, resulting from but not restricted to, acts of Buyer or his representatives, fires, strikes, labor disputes, war, civil commotion, shortages of labor or material, acts or restrictions of any government, or other causes beyond the control of Seller. The existence of such causes of delay shall justify the suspension of delivery and/or the rendering of services by Seller and shall extend the Seller's time of performance until such cause of delay has been removed. Seller shall give written notice to Buyer of details concerning the delay as soon as practicable after its occurrence. For newly manufactured Equipment or custom-built Building(s)/Equipment, the drawings, specifications, submittals, opinions, and any other referenced design (“Specs”) will be used to create engineered final drawings which require approval from all Parties prior to production (“Final Drawings”). Any conflict or contradiction between the Specs and the Final Drawings will be resolved in favor of the Final Drawings. The process of obtaining all requisite submittals and customer approvals for creation of Final Drawings may affect production and performance time. Seller’s performance time shall be equitably adjusted based on Buyer’s submittal/approval delays.
3. TITLE RETENTION.
3.1 Title Retention. Title to the Equipment shall not pass to Buyer before the entire Purchase Price has been paid to Seller. Upon Seller’s receipt of payment in full of the Purchase Price, title to the Equipment shall transfer to Buyer, free and clear of all encumbrances arising by or through Seller. All payments due from Buyer pursuant to the terms of the Sale Agreement shall be made without any abatement or set off of any kind, arising from any cause.
4. WARRANTY. There shall be no warranty by Seller in respect of the Equipment except as set out in the formal Warranty Certificate supplied by Seller to the Buyer and subject to the terms of such Warranty Certificate.
5. RISK OF LOSS. Upon substantial completion of the Equipment, all risk of loss or damage to the Equipment s) passes from Seller to Buyer. In addition, Buyer hereby indemnifies Seller and agrees to save, defend, and hold Seller harmless and waives rights of subrogation in favor of Seller against all losses, damages, liability, costs, and expenses (including attorneysʹ fees), as a result of any actions, claims, or demands made arising from events occurring following substantial completion.
6. WAIVER OF CLAIMS. Buyer hereby waives and releases all claims against Seller for (i) loss of or damage to all property, goods, wares, and merchandise in, upon or about the Equipment and (ii) injuries to Buyer, Buyer’s agents and third persons.
Seller shall not be liable for any consequential, incidental, or special damages of any kind (including, but not limited to damages for loss of use or of profit by Buyer or any other party; or for any collateral damages), whether or not caused or continued by Seller’s negligence or delay, which may result from or arise in connection with the manufacture, delivery, installation, checkout or use of the Equipment or in connection with the services rendered by Seller hereunder.
7. GOVERNING LAW. Buyer and Seller agree that the Sale Agreement shall be governed in all respects by, and interpreted in accordance with the laws of, the State of California, without regard to its conflicts of laws provisions.
Class Leasing, LLC
1651 S. Juanita Street
San Jacinto, CA 92583
Sales Number: TBD
8. JURISDICTION. If the law of the State of California shall apply to the Sale Agreement, it is agreed that the venue for a legal action relating to the Sale Agreement shall be proper if brought in Riverside County, State of California. Subject to Section 6, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs, whether or not the action proceeds to judgment.
9. SELLER’S EXPENSES. Buyer shall pay Seller all costs and expenses, including attorney fees, incurred by Seller in exercising any of the terms, conditions or provisions of the Sale Agreement.
10. LICENSE AND TRANSFER FEE(S). If so listed on the Sale Agreement, the Purchase Price includes license and/or transfer fees.
11. MISCELLANEOUS.
11.1 BUYER SOLVENCY. Buyer hereby represents and warrants that the fair value of the assets of Buyer exceed its liabilities; Buyer is able to pay its debts and liabilities as they become due; and Buyer does not have an unreasonably small amount of capital with which to conduct the business in which it is engaged, as such business is now conducted and is proposed to be conducted.
11.2 MODIFICATIONS AND AMENDMENTS. Representations and warranties made by any person, including agents and representatives of Seller, which are inconsistent or conflict with the terms of the warranty contained in Section 1 of the Incorporated Provisions on the website (including but not limited to the liability of Seller as set forth above) shall not be binding upon Seller unless reduced to writing and approved by an officer of Seller. No amendment, supplement, or modification to the terms of the Sale Agreement shall be valid unless made in a writing signed by both parties hereto, and no waiver of any provision of the Sale Agreement shall be valid unless made in a writing signed by the waiving party. Notwithstanding the foregoing, from time to time, Buyer or Seller may request modifications to the scope of work hereunder, which at the sole option of the Seller may be accepted and thus alter the final price stipulated herein. These changes in scope will be deemed approved by Buyer when evidence of work performance is presented by Seller.
11.3 NO WAIVER. Failure of Seller to enforce any term or condition of the Sale Agreement shall not constitute waiver of any rights stipulated herein, nor shall it in any manner affect the rights of Seller to enforce any of the provisions stated herein.
Waiver by Seller of any provision of the Sale Agreement shall be valid only as provided in subsection (b) above and only with respect to the specific matter to which such waiver relates. Notices is deemed received upon actual receipt by the recipient as evidenced by delivery from the United States Post Office or nationally recognized courier service.
11.4 NOTICES. Any notices to the other party shall be in writing and may be mailed by prepaid registered post to the other party at the address shown above or at other address as may be substituted from time to time by proper notice and such notice shall be deemed to be received by the addressee on the third business day next following that on which it was mailed.
11.5 ASSIGNMENT. Buyer will not assign any of its rights or obligations hereunder without the prior written consent of Seller, which Seller may grant or withhold at its sole discretion. To the extent not prohibited hereunder, the covenants, terms, provisions, and conditions herein contained will apply to, bind, and inure to the benefit of the respective successors and assigns of Buyer and Seller.
Any attempted assignment in violation of this Agreement is void from inception.
12. ENTIRE AGREEMENT. The Sale Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If any part of the Sale Agreement is found to be invalid or illegal, Buyer and Seller agree that only the invalid or illegal portion of the Sale Agreement will be eliminated.
REMAINDER INTENTIONALLY LEFT BLANK
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.a
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Stacey Laumann, Senior Management Analyst II
City Manager Approval: ______________
TOPIC: ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE
SUBJECT: ACCEPTANCE OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE RECOMMENDATION:
Staff recommends that the City Council accept the report.
BACKGROUND: On May 15, 2023, the City Council adopted the San Rafael Economic Development Strategic Plan (EDSP), the first economic development strategic plan since the dissolution of the redevelopment agency in 2012, and the first EDSP to evaluate the entire City. The EDSP was the result of a yearlong process of outreach, information gathering, and analysis.
The EDSP provides a playbook for the City’s economic development efforts over three to five years. As this plan was developed on the heels of the COVID-19 pandemic, a heightened focus was placed on economic revitalization, and the City Council identified strategic efforts to strengthen the San Rafael economy and create greater resiliency for future economic downturns. The EDSP covers several key areas of opportunity, including the potential for increased tourism, improvements to the downtown area, growth in the industrial sector, and financing models to meet the costs of needed infrastructure and programs.
The EDSP builds upon the San Rafael General Plan 2040 Economic Vitality Policies: EV1.1 - Quality of Life; EV1.2 - Strategic Planning; EV1.3 - Relationship Building; EV1.4 - Business Retention and Support; EV1.5 - Business Attraction; EV1.6 - Monitoring; and EV1.7 - Marketing and Branding. Economic development is also identified and emphasized in Priority Area A: Economic Development and Neighborhood Vitality of San Rafael Three-Year Strategic Plan for fiscal years 2025–2028.
There are seven target areas of the EDSP, which outline focus areas for the City to achieve its economic goals:
1. Support Business / Development
2. Downtown Reimagination
3. Analyze Implementation of an Enhanced Infrastructure Financing District (EIFD)
4. Strengthen Local Partnerships
5. Attract High-Tech Industrial Uses
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
6. Outreach for Private and Business Development Opportunities
7. Workforce Development Programs
City staff presented a summary of EDSP progress to the San Rafael City Council Economic Development and Housing Subcommittee on February 17, 2026.
ANALYSIS:
The EDSP identifies thirty-one action items over a five-year planning horizon. The Economic Development Division’s work in 2025 was marked by notable progress in business support, cultural programming, and catalytic real estate development planning. The discussion below highlights significant achievements in 2025 and areas that warrant continued close attention to achieve San Rafael’s economic vitality goals. The status of all items is listed in Attachment 1. Task progress is characterized in three categories. ‘Implementing’ notes that an action item is currently in full operation, ‘developing’ references action items that are moving toward full operation, and ‘not started’ means that work has not begun on that action item.
Business Support and Retention
The San Rafael GO Program continued to serve as a critical resource for businesses seeking to locate or expand in San Rafael. In 2025, the program assisted approximately 25 businesses, including both new entrants and existing firms seeking expansion. This hands-on approach has been effective in supporting predevelopment activities for new development and responding to general market interest in San Rafael.
Rather than actively recruiting businesses, the City has focused on efficiently handling unsolicited inquiries and supporting investment already underway.
Cultural Initiatives
The City launched the Public Art Program 2025/2026 and continued support for the Downtown San Rafael Arts District, reinforcing downtown and Southeast San Rafael as vibrant destinations for residents and visitors.
Policy and Program Enhancements
Several programmatic improvements were implemented in 2025. The City Council adopted an ordinance establishing a mobile vending permit program that strengthens the City’s enforcement tools, provides mobile vendors with paths to legalization, and supports local entrepreneurship. Additionally, the City Council adopted temporary fee reductions for the Streetary Program and the Cannabis Program to support industry sustainability. Looking ahead, contracts are in place to initiate major planning initiatives in 2026, including the Southeast San Rafael Specific Plan and the Northgate Specific Plan. On February 23, 2026, the City transitioned to OpenGov. This modern online permitting system replaces the eTRAKiT platform for new permit applications, providing a more accessible, transparent, and user-friendly experience for residents, businesses, contractors, and developers. These activities reflect the City’s commitment to responsive policy-making and continuous improvement.
Catalytic Development Activity
The year saw unprecedented residential development activity, with 18 major projects in various stages of predevelopment. Notable examples include 703 Third Street (The Linc) and 930 Irwin Street (Modera), which together represent hundreds of new housing units and significant construction valuations. These projects are examples of the consistent renewed interest in San Rafael shown by multi-family housing developers, as seen on the City’s interactive Major Planning Projects web page. Residential growth will result in increased property tax revenues, as well as increased need for City services.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Revenue and Market Indicators
A sales tax analysis presented to the Economic Development Subcommittee in December 2025 identified automotive and building materials as San Rafael’s ongoing critical revenue-generating sectors. Retention and support for these sectors is critical, offsetting the smaller impact of retail activity on the City’s revenue.
Although Downtown San Rafael is the heartbeat of the City, it generates only five percent of sales tax revenue. Hotel tax revenues held steady from FY 2023/24 to FY 2024/25 at $3.58 million , reflecting consistency in room rates but slow growth in hotel stays following the COVID-19 pandemic. Growth opportunities for Tourism Occupancy Tax revenue (TOT) hinge in the short term on reinvestment in existing hotels and expanded marketing. Overall, these trends reflect relatively stable tax revenue and San Rafael’s reliance on consumer-driven revenue-generating sectors.
Areas to Watch
Efforts to reimagine downtown will continue in Fall 2026 with a planned outreach and evaluation program to establish a clearer vision for downtown. These initiatives aim to strengthen the cultural core of the City and will help align the expectations of the business and residential communities in shaping downtown’s future.
Approximately 1,000 new housing units downtown and 1,400 units at Northgate are in the development pipeline. New housing will bring new commercial activity and an inevitable change in activities and services for residents. Future work plans should prioritize strategic business, infrastructure, and event attraction to amplify the private investments in San Rafael.
Progress on industrial attraction and substantial job creation in the City’s industrial areas has been slow due to resource limitations, as well as limited market activity. The forthcoming Southeast San Rafael Specific Plan will be critical to advancing this goal and establishing clear opportunities for business, workforce development, and residential improvements.
COMMUNITY OUTREACH:
An annual progress update was presented to the City Council Economic Development and Housing Subcommittee on February 17, 2026, and comments were received from members of the public.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
OPTIONS:
1. Accept the report
2. Reject the report
3. Request that the staff return with additional information RECOMMENDED ACTION:
Staff recommends that the City Council accept the report.
ATTACHMENTS:
1. Economic Development Strategic Plan Action Item Status List March 2026 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
1.1 'San Rafael GO' (BEAR) Program
Create Business Expansion, Attraction, and
Retention program. Modify existing econ dev
program to provide enhanced customer service to
support business development
Year 1 Implementing 2024
Brochure printed in English & Spanish.
Website updated; integrated GO brand, improved navigation.
Staff facilitating inquiries, supporting business inquiries. 'Contact Us' resource shows over 50 new inquiries.
GO webpage saw 716 unique users, and the new "Site Selection Tool" webpage (launched in May 2024) saw 88 unique users
2025
Continued to provide one-on-one guidance and/or troubleshooting for businesses who request support 2026
Website visibility and promotion of data and tools available to businesses (Site Selection Tool, etc.)
1.2 Technical Assistance Programs
Develop or sponsor technical assistance programs
to support emerging businesses/entrepreneurs living
or doing business in SR's Opportunity Zone
Year 1-2 Implementing Marin SBDC, Canal
Alliance, San
Rafael Chamber,
County of Marin
2024
Fiscal Sponsor of Marin Small Business Development Center (SBDC) which provides English and Spanish-language advising and seminars on marketing, web development, AI, and business development
Partnership with Canal Alliance which provides advising, seminars Partnership with San Rafael Chamber of Commerce which provides information resources, financing information, seminars
2025
Continued as a fiscal sponsor of Marin SBDC
Continued partnerships with Canal Alliance, San Rafael Chamber of Commerce
1.3 Business Development Data
Maintain enhanced business and development data
analytics to track economic and market trends
Ongoing Implementing Tools: GIS
Planning, CoStar,
ReSimplifi/ZoomPr
ospector, HdL,
Placer.Ai
2025
ZoomProspector and ReSimplifi - curation of all commercial property available for sale or lease in San Rafael
CoStar real estate data - robust analytics to track dozens of real estate related trends (vacancy, market rent, hotel occupancy, etc.)
GIS Development Map - collaboration with Digital Services to develop public, interactive map showing all upcoming major development projects in San Rafael
HdL - Finance consultant provided thorough review of City's current sales tax revenue posture, economic context, strengths, opportunities, weaknesses to the Economic Development Subcommittee in December 2025.
1: Support Businesses / Development
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 1 of 7 Attachment 1: Economic Development Strategic Plan Action Item Status List, March 2026 Economic Development Strategic Plan 2023-2028, Projected Implementation Timeframe Legend: Year 1: FY 2023/24 Year 4: FY 2026/27 Year 2: FY 2024/25 Year 5: FY 2027/28
Year 3: FY 2025/26
Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
1.4 Bilingual Staff
Increase bi-lingual staffing with cultural and
language capacity to support and enhance access to
business dev programs
Ongoing Implementing Marin SBDC, Canal
Alliance
2024
Bilingual front desk (permit technicians) City staff hired. 2025
Continued sponsorship of Marin Small Business Development Center (SBDC) to facilitate availability of bilingual resources.
1.5 Entrepreneurial Events
Sponsor competition style events and other
networking events to promote entrepreneurs
Year 1 Implementing San Rafael
Chamber of
Commerce
2024, 2025
City partnership with Chamber of Commerce, which hosts annual business showcase events, Economic Forecast and member networking events.
2.1 Business Programs
Consider programs like facade improvement and
outdoor dining, help existing properties utilize their
space. Prioritize program implementation to
Opportunity Zones and under-invested areas
Year 3-5 Implementing Dept. Public Works 2025
Initiated research and drafting of Storefront / Facade Improvement program.
Clarified and updated application process, forms, and fees for Sidewalk and Streetary dining programs.
Council approved 2-year encroachment lease fee discount for Sidewalk and Streetary permits as an economic development business incentive for current or future participants.
2.2 Explore conversion of the BID to a PBID
Explore conversion or expansion of the BID to PBID
for enhanced cleaning, security, marketing, and
physical improvements in Downtown
Year 1 Implementing San Rafael
Chamber / BID
2024
Engaged the services of New City America, Inc. (NCA) to evaluate interest in and investigate the possible formation of a property-based Community Benefit Improvement District (CBID) in the Downtown area. Property owners from the proposed district area were invited to informational meetings in September 2024, followed by a listening session with downtown businesses in December 2024.The feedback provided by property and business owners who attended these meetings included a desire for more information. NCA has provided answers to some of the most commonly asked questions as well as hypothetical CBID assessment formulas. 2025
General information and answers to Frequently Asked Questions (FAQ) is available on the City’s website for the convenience of downtown property and business owners
2.3 Evaluate publicly owned sites for reuse
Evaluate publicly-owned opportunity sites in
downtown area, surface parking lots and parking
garages - explore reuse strategies that add gathering
places, activities, etc.
Year 2-3 Developing Abode (Developer) 2024
RFP for affordable housing developers - City owned property at 519 4th Street. 2025
Developer "Abode" selected for project
Property cleared for reuse.
2: Downtown Reimagination
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 2 of 7 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
2.4 Placemaking physical improvements
Invest in physical placemaking improvements to
activate downtown, pedestrian oriented ideas like
plazas, water features, walking paths, street
improvements
Year 3-5 Implementing Downtown San
Rafael Arts
District, Chamber,
Public Works
2024
Launched Downtown Sidewalk Activation Pilot Program. Working with Downtown San Rafael Arts District and property owners to fill vacant window fronts with visually stimulating content. 2025
Downtown Library temporary relocation window art installed, 1001 4th St art display Boyd Park remodel
2.5 Other physical enhancements
Invest in other enhancements such as gateway
signage and wayfinding, public art, thematic
sidewalk and street enhancements, public open
space
Year 3-5 Implementing DSRAD, Caltrans,
Public Works, City
Manager's Office
2025
Meetings facilitated with Caltrans Transportation Art Division and other community arts stakeholders to discuss policies/procedures for painting HWY101 overpass 2026
Public Art Program approved by Council
Collaboration with City Manager's Office and Public Works to develop landscape and gateway sign improvement plan to be completed this year for Second Street/Irwin Street
2.6 Marketing / social media
Grow social media engagement channels, social
media influencer/engagement channels, as well as
marketing and trade publications to promote
downtown businesses and events
Ongoing Implementing San Rafael GO,
BID, City
Manager's Office
2025
Downtown BID/Chamber social media and marketing of Downtown events (Elf Hunt, Farmer's Market, Trick or Treat, etc.)
2026
Communications team curating social media posts (Instagram) and Snapshot articles (newsletter) regarding relevant business news, initiatives, and services offered by the City and partners
3.1 Feasibility analysis / plan
Conduct feasibility analysis, develop plan for district formation
Year 1 Implementing Kosmont
Companies
2024
Kosmont and City produced feasibility analysis for implementing an Enhanced Infrastructure Funding District
3.2 Explore County Partnership
Work with Marin county to identify mutually
beneficial investments to encourage sharing of a
portion of county tax increment
Year 1-2 Developing County
Administrator
3.3 Pursue Grants
Pursue grants that align with goals of the district,
esp. those that give preference to EIFDs - infill
infrastructure, affordable housing, transformative
climate
Ongoing Not Started
3: Analyze Implementation of EIFD
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 3 of 7 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
4.1 Explore tourism funding models
Explore the formation of a Countywide TID or
increasing the TOT or other tourism funding model to
support tourism marketing and revenue
Year 1-2 Implementing Marin CVB 2024
Marin Convention and Visitor's Bureau (Marin CVB) presentation to Subcommittee regarding recent initiatives, review of activities
2025
Tracking TOT (Hotel Tax) revenue, hotel occupancy percent, hotel average daily room rate, and hotel average revenue per actual room for lodging establishments within San Rafael 2026
Reviewed structure, funding mechanism, and County ordinance establishing the Marin Tourism Business Improvement District (funding of Marin CVB)
4.2 Explore / expand event and programming
Evaluate current list of events. expand special
events in Canal, Terra Linda, and Downtown. Block
parties, public markets, outdoor dining, outdoor
music, movies
Year 2-3 Implementing BID, SRPD,
Agricultural
Institute of Marin
(AIM)
2025
Special Events Permitting administration transferring to CED from Public Safety/Police Supported Agricultural Institute of Marin (AIM) in new, Friday-based Farmer's Market and collaboration with art walk
Sponsored Winter Wonderland event
Supported Dia de los Muertos event
2026
Downtown BID expanded programming (longer events such as Lunar New Year scavenger hunt), pursuit of collaboration opportunities and representation of City businesses (SMART Feb-BREW-ary event)
4.3 Marketing partnerships
Establish partnerships and leverage cross promotion
between City, county, business owners, etc. regional
marketing cost-efficient way to attract new industry
and increase tourism
Year 1 Implementing Arts organizations;
CVB
2026
Downtown BID connection with SMART regional events
4.4 Tourism partnerships
Pursue tourism marketing, San Rafael as gateway to
Mendocino, Napa, Sonoma.
Year 1 Developing 2024
Completed periodic marketing strategy review with Marin CVB. 4: Strengthen Local Partnerships
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 4 of 7 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
4.5 Arts programming
Coordinate with arts organizations to integrate arts
programming with events and economic
development initiatives and build upon CAC
designation
Year 1 Implementing DSRAD, Local
Edition
2024
Drafting Downtown San Rafael Arts District (DSRAD) activation plan with arts collaborators.
Distributing grant funds to implement arts programming 2023-2025. Collaborating with Marin County Cultural Division on county emerging strategies to expand arts. 2025
DSRAD art grant RFPs collected, prepared for review and selection Public Art Program third-party manager organization (Local Edition) confirmed Art proposals requested, reviewed and selected by art selection jury, approved by Council 2026
Public Art Program artworks approved. Installation of selected art projects in summer 2026
4.6 Collaborate with service organizations
Collaborate with service organizations such as
Canal Alliance, to support programs that address
workforce dev, entrepreneurship, econ resiliency
Year 2-3 Developing Canal Alliance 2025
City assisted Canal Alliance acquisition of 1400 Lincoln
5.1 Revise zoning / processes for industrial use
Revise industrial zoning restrictions and entitlement
policies/processes to ensure that they facilitate new
industrial uses
Year 3-5 Not Started 2026
Exploration of this topic with upcoming South East San Rafael Specific Plan
5.2 Pursue new industrial sectors
Pursue new sectors that can expand the breadth and
variety of its industrial core and jobs base. Potential growth opportunities include biotechnology,
research and development, and e commerce
fulfillment
Year 1-2 Developing 2025
Focus directed to expanding, retaining strongest taxable sale sectors: Automotive dealership, Building and Construction Supplies
5.3 Evaluate tech industrial overlay zoning
Identify target areas for tech industrial development
e g Smith Ranch, Canal) and consider overlay zoning
to facilitate
development
Year 2-3 Not Started 2026
Exploration of this topic with upcoming South East San Rafael Specific Plan 5: Attract High-Tech Industrial Uses
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 5 of 7 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
5.4 Conduct outreach businesses, industry groups
Conduct outreach to existing businesses, develop
relationships with industry groups to foster
collaboration, and identify / address business
feasibility issues (infrastructure, procedural, etc.).
Year 1-2 Implementing 2024
Supporting BioMarin expansion project. Participating on East San Rafael Working Group of the Chamber to spur outreach and industrial lands investment. 2026
Outreach with commercial real estate brokers
6.1 Identify / analyze sites for reuse
Identify and analyze key privately owned sites that
are well positioned for reuse or redevelopment
Year 1-2 Implementing 2025
519 4th St City property slated for residential development. "Abode" selected as developer by City Canal pedestrian bridge land acquisition.
6.2 Outreach / collaborate with property owners
Conduct outreach and collaborate with property
owners to explore development opportunities and
address challenges that can bring new uses to
privately owned sites.
Year 1-2 Implementing 2024, 2025, 2026
Supported business inquiries through concierge-style customer service San Rafael GO Program. Plan for future industry convenings, including commercial real estate, medical tech, and creative economy.
6.3 Pursue businesses / developers
Pursue businesses and developers, in coordination
with property
Year 2-3 Implementing 2026
Actively engaging commercial broker community to understand market challenges.
6.4 Cannabis businesses opportunities
Increase Cannabis business opportunities through
release of new cannabis licenses and creation of
cannabis specific business programs targeting
growth and capacity building of existing permittees.
Business opportunities should include exploration of
retail storefront cannabis licenses and other State
allowed business types in appropriate commercial
locations. (revenue gene rating /funding capacity)
Year 2-3 Developing 2024
Hosted Cannabis Business Summit in March 2024; reviewed market trends 2025
Drafted and Council approved resolution reducing tax rate for non-storefront delivery licensees for 2 years to provide relief to businesses during market contraction and increased state taxes 6: Outreach for Private / Business Development
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 6 of 7 Action Item Timeframe Task Progress
Collaborators /
Resources Status/Activity Updates
6.5 Update Mobile Vendor Ordinance
Mobile Vendor Ordinance Update: Update the City’s
Mobile Vender Ordinance to create a legal pathway
for mobile vending in appropriate commercial
locations. Utilize community partners with language
and cultural capacity for vendor outreach and
permitting technical support.
Year 2-3 Implementing 2025
Cohort formed in a "Together San Rafael Academy" that worked on a "human centered design" effort to encourage mobile vendors to come into compliance with mobile vending regulations.
Mobile Food Vending ordinance passed
7.1 Coordinate with orgs. for workforce
development
Coordinate with Workforce Alliance of the Northbay
Dominican University, local school community
college districts, the Chamber of Commerce, Canal
Alliance, and other area nonprofit organizations to
encourage collaboration with local/regional
educational and workforce development
organizations for training, mentorship, and job
placement programs
Year 3-5 Implementing County of Marin 2025
Catalyst Grant: High Road Clean Transportation Pathways (Sustainability Department) collaborative training program supporting skill development with electric vehicle maintenance led by the West Oakland Job Resource Center with partners including the City of San Rafael, the Teamsters Union/NCTAT, Good Green Work, the Machinist Institute, the Lime Foundation, and the Canal Alliance
7.2 Conduct outreach to local businesses/ orgs.
Conduct outreach to local businesses to assess
skills gaps and other issues with finding workers,
and conduct outreach to local aid organizations to
better understand barriers that impact workforce
readiness (such as language, childcare, transit, and
internet accessibility)
Year 3-5 Not Started
7: Workforce Development Programs
City of San Rafael Econoic Development Strategic Plan - Status Report 2026 Page 7 of 7 ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.b
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by:
John Stefanski, Assistant City Manager
April Miller, Public Works Director
Gary Chubb, Measure P Capital Project Manager
City Manager Approval: ______________
TOPIC: NEW MAIN LIBRARY AND COMMUNITY CENTER PROJECT DELIVERY SUBJECT: NEW MAIN LIBRARY AND COMMUNITY CENTER PROJECT UPDATE AND
EVALUATION OF ALTERNATIVE PROJECT DELIVERY METHODS
RECOMMENDATION:
Staff recommends that the City Council:
1. Receive staff's analysis of alternative project delivery methods for the Main Library and Community Center Project (Measure P);
2. Authorize staff to proceed with the Progressive Design-Build (PDB) project delivery method; and
3. Direct staff to initiate Project Labor Agreement negotiations with the North Bay Building and Construction Trades Council and Northern California Carpenter’s Regional Council.
BACKGROUND:
In November 2024, San Rafael voters passed Measure P; a citizen’s initiative to fund a new main library and community center at Albert Park. Measure P established a non-ad valorem parcel tax for the purpose of building these facilities, representing a significant investment in the city's cultural and civic institutions.
This project will be one of the largest capital projects undertaken by San Rafael in recent years.
In October 2025, the City entered into a Capital Project Management Services contract with Griffin Structures (Griffin) to assist the City with the pre-construction planning phase, which includes community engagement, design, permitting, and oversight of the construction phase of the new Albert Park Library and Community Center. Since this time, City Staff and the Griffin team have been working to develop an overall project plan and timeline, evaluate a potential project facility program (i.e. space and square footage requirements), and establish an initial project budget estimate. A presentation on these items was made to the Measure P Subcommittee on February 23, 2026. At that meeting, the subcommittee also received a presentation on the various project delivery methods for this project and recommended that an item be brought forward to the City Council for further consideration and to give direction to staff on how to proceed.
ANALYSIS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Proposed Facility Program and Initial Budget Estimate
Since initiation of the pre-construction planning phase, City staff and the Griffin team have worked collaboratively to develop a preliminary facility program and conceptual project budget for the new Albert Park Library and Community Center. This effort included review of the Measure P requirements, benchmarking against comparable library and community facilities, staff operational input, and iterative cost modeling to ensure the proposed program aligns with anticipated funding capacity.
The proposed facility program includes approximately 50,000 square feet of building space designed to support both modern library services and flexible community programming. The building program integrates library functions, community enrichment spaces, shared civic gathering areas, and operational support spaces necessary for long-term facility operations. Major program components include:
• Library services areas, including adult, children’s, and teen library spaces, collections, reading and technology areas, and study and collaboration rooms; • Community enrichment and multipurpose spaces, including classrooms, art and program rooms, fitness and wellness areas, and a large multipurpose event space designed to support community events and cultural programming;
• Lifelong learning and dedicated senior space, including Goldenaires workspace and support space for senior programming activities;
• Shared civic gathering spaces, including an entry lobby and “community living room” designed to serve as a welcoming public gathering area; and
• Staff workspace and operational support areas, including offices, workstations, materials handling, and building service spaces necessary to support daily operations.
In addition to the building program, the project concept includes approximately 31,800 square feet of outdoor program space integrated with Albert Park. Outdoor elements may include an inclusive/accessible children’s playground, garden and outdoor learning spaces, fitness and wellness areas, outdoor gathering patios, and flexible lawn areas for community events and recreation. These outdoor features are intended to expand the facility’s ability to serve residents of all ages and provide year-round community activity.
The preliminary program has been evaluated against the Measure P library planning framework, which establishes a benchmark of approximately 0.70–0.75 square feet of library space per capita for library facilities. The proposed program, including library and shared joint-use spaces, aligns with the service expectations contemplated under Measure P while balancing the need for community programming, operational efficiency, and fiscal responsibility.
Based on this preliminary program, staff and Griffin have developed an initial conceptual project budget estimate of approximately $105 million. This estimate reflects current market conditions for public facility construction in the Bay Area and includes construction costs, site improvements, professional services, furniture and equipment, contingencies, and escalation to the anticipated midpoint of construction (e.g. adjusting costs for future inflation).
The program and budget framework will continue to be refined as the project advances through community engagement, environmental review, site capacity and parking evaluation, and the design process. As discussed below, the recommended Progressive Design-Build delivery method will provide SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
the City with ongoing cost feedback during design development, allowing the project team to refine scope and maintain alignment between the facility program and available funding.
Project Delivery Methods
When a city decides to build social infrastructure projects — like a new library or fire station — it has to choose how to organize and manage the work of designing and constructing that facility. This is what "project delivery method" means: it's the structure that defines who does what, in what order, and under what form of contract. For example, does the city hire an architect to design the building first, and then separately hire a contractor to build it? Or does it hire one team to handle both design and construction together? Does the city negotiate the final price upfront, or work collaboratively with the team to refine the design and cost before locking anything in? The delivery method shapes everything — how long the project takes, how much control the city has over design decisions, who bears the risk if something goes wrong, and ultimately how well the final facility serves the community.
As a follow-up to the February Measure P Subcommittee discussion, staff has completed an evaluation of alternative project delivery methods to determine the approach most likely to successfully achieve the project's goals within budget, on schedule, and with appropriate architectural and quality standards. This evaluation has been informed by industry best practices, applicable California Public Contract Code requirements, and the experiences of comparable agencies that have undertaken similar projects.
Staff evaluated the following three project delivery methods for the Main Library and Community Center project. Each is summarized below, including key advantages, disadvantages, and their implications for the City's specific project goals.
1. Design-Bid-Build (DBB)
Design-Bid-Build is the traditional project delivery method in which the owner first contracts separately with a design professional to complete 100% construction documents, and then competitively bids the construction contract to the lowest responsive and responsible contractor. Design and construction are sequential, separate phases. This is the method the city has used historically for capital projects, including the recent Essential Facilities Fire Station and Public Safety Center projects.
Advantages:
• Widely understood by City staff, design firms, and contractors, with well-established procurement procedures.
• Clear delineation of responsibilities between the designer and contractor. • Full design completion before bidding provides price certainty at the time of award. • Broadest contractor pool — lowest qualified bidder is awarded the contract, promoting competition.
• Maximum City control over design decisions and design quality.
Disadvantages:
• Sequential process results in the longest overall project schedule. • Limited collaboration between designer and contractor during design can result in constructability issues, errors, and omissions that drive costly change orders. • Construction costs are not known until design is fully complete, reducing the City's ability to make real-time budget adjustments during design.
• Diffuse accountability — disputes between designer and contractor over design errors are common and can result in claims and litigation.
• No contractor input on phasing, systems selection, or scheduling during design.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Risk Profile:
Under DBB, the City retains the greatest project risk. Design errors or omissions discovered during construction typically result in change orders at the City's expense. The separation of design and construction contracts means there is no single point of accountability, on the contractor side, for overall project performance. While competitive bidding provides price competition, it also creates adversarial dynamics between owner (City), designer, and contractor.
2. Design-Build (DB)
In the Design-Build method, a single entity — the “design-build team” — is responsible for both design and construction under a single contract. The City defines the project requirements through performance specifications, bridging documents, and a Request for Proposals (RFP). The design-build entity is selected competitively based on qualifications, approach, and price.
Advantages:
• Single point of responsibility for design and construction reduces disputes and clarifies accountability.
• Overlapping design and construction phases compress the overall schedule. • Contractor input during design reduces constructability issues and change orders. • Potential for cost savings and innovation through integrated team approach. • Risk of design errors and omissions shifts to the design-build entity.
Disadvantages:
• Requires a well-defined project scope and performance criteria upfront — difficult for complex, community-driven projects where scope is still evolving. • Less owner control over design details once the contract is awarded. • May be challenging for City staff unfamiliar with DB procurement and administration. • Price certainty is based on performance specs and a preliminary concept bridging document, not completed design — scope gaps can still lead to disputes. • Qualifications-based selection limits the contractor pool compared to DBB.
Risk Profile:
Design-Build transfers a significant portion of design and construction risk to the design-build entity.
However, if the City's project requirements (the basis of the contract) are incomplete or ambiguous, the risk reverts to the City. DB is most effective when the project scope and performance criteria can be clearly defined before procurement.
3. Progressive Design-Build (PDB)
Progressive Design-Build is a variant of Design-Build authorized under California PCC Section 22171 in which the design-build entity is selected based primarily on qualifications and approach — not a fixed price for the design and construction of the project based on an incomplete design package. The team then works collaboratively with the City through an initial design phase before scope and pricing are agreed upon with the issuance of a Guaranteed Maximum Price (GMP). This approach is particularly well-suited for complex, unique, or community-sensitive projects where full scope definition prior to procurement is not feasible.
Advantages:
• Fastest delivery —due to concurrent design and construction phases and early contractor engagement.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
• Qualifications-based selection promotes best value rather than lowest cost, attracting highly experienced teams for complex projects.
• Collaborative process enables continuous scope refinement and real-time cost feedback during design, reducing surprises at construction.
• Reduces change orders and claims through integrated team design and early contractor input on systems, constructability, and phasing.
• Single point of accountability — design and construction responsibility rests with one entity. • GMP is established after sufficient design development, providing cost certainty before full construction commitment.
• Most suitable delivery method for complex, multi-use, community-serving facilities like a combined Library and Community Center.
• Provides for early engagement of all project stakeholders, including community interests, during the design phase.
Disadvantages:
• Less price certainty at project outset — final GMP is not established until after initial design phases.
• May be less familiar to City staff; requires experienced Owner's Representative support to successfully manage procurement and delivery.
• Smaller pool of qualified respondents compared to DBB — requires careful RFP development to attract competitive interest.
Risk Profile:
PDB achieves a balanced risk allocation. The collaborative pre-GMP phase allows both the City and the design-build entity to surface and mitigate risks before they are locked into a fixed price. Once the GMP is established, the design-build entity assumes responsibility for delivering the project within that price, with design and construction risk largely transferred. The primary City risk is schedule delay related to the collaborative design phase, which can be mitigated through clear contract milestones and experienced project management.
Project Timeline and Schedule Implications
Schedule is a significant factor in the overall cost and community impact of the Main Library and Community Center project. Delays in project delivery result in construction cost escalation, extended interim facility operating costs, and prolonged disruption to community services. The estimated project durations for each delivery method are as follows:
• Design-Bid-Build: approximately 68 months
• Design-Build: approximately 64 months
• Progressive Design-Build: approximately 62 months
The approximately 6-month schedule advantage of PDB over DBB is significant. Assuming a total project cost in the range of $105 million and an annual construction cost escalation rate of 4.25%, each month of delay represents meaningful additional cost to the City. The time savings associated with PDB are expected to generate material cost avoidance over the project lifecycle, partially offsetting any added administrative cost of PDB procurement and delivery.
Market Considerations and Contractor Interest
Each delivery method carries different implications for contractor market participation and competition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Design-Bid-Build: Offers the broadest market access. Any licensed contractor meeting minimum qualifications may bid, and award is made to the lowest responsive and responsible bidder. While this maximizes price competition, it does not ensure selection of the team most capable of delivering a complex, high-quality facility.
Design-Build: Selection is based on qualifications and approach in addition to price, which narrows the respondent pool but improves the quality of competing teams. Public agencies routinely achieve strong competition with three to five well-qualified proposers.
Progressive Design-Build: Selection is primarily qualifications-based, which may further narrow the proposer pool. However, the PDB model is attractive to highly experienced design-build teams that value collaborative project development. A well-crafted RFP and proactive outreach to qualified firms — including pre-proposal industry briefings — can generate competitive interest. The use of this delivery method also requires the use of a “skilled and trained workforce” which may impact the overall number of contractors who choose to work on the project as described below.
Skilled and Trained Workforce and Labor Compliance Requirements under PDB.
California Public Contract Code Section 22185 requires that any local agency utilizing the Design-Build or Progressive Design-Build delivery method ensure that the selected design-build entity and its subcontractors at every tier utilize a Skilled and Trained Workforce (STW) to perform all work within an apprenticeable occupation in the building and construction trades.
California Public Contract Code Section 2600 defines a Skilled and Trained Workforce (STW) as one in which: (1) all workers performing work in an apprenticeable occupation are either skilled journeypersons or apprentices registered in a state-approved apprenticeship program; and (2) at least 30–60% of the skilled journeypersons employed on the project (depending on the trade classification) are graduates of an apprenticeship program for their occupation.
To satisfy this requirement for a PDB project, the City has two primary compliance options:
Option A: Enforceable Agreement
The City may enter into an enforceable agreement directly with the Design-Build Entity prior to selection, requiring the contractor and all subcontractors to comply with STW requirements and to submit monthly reports documenting compliance. This option avoids some of the time and cost of negotiating a PLA but requires ongoing monitoring and creates potential exposure to delays or litigation if violations occur.
Option B: Project Labor Agreement (PLA)
A Project Labor Agreement (PLA) is a pre-hire collective bargaining agreement that establishes uniform terms and conditions of employment for all contractors and subcontractors on the project. Under California law, a PLA on a PDB project must include a provision requiring the use of a Skilled and Trained Workforce, or in other words, unionized building and construction trades labor. A PLA, when properly negotiated and implemented, satisfies the STW compliance requirements and eliminates monthly reporting obligations.
Key implications of a PLA for the Library and Community Center project include:
• A PLA may reduce the risk of work stoppages and labor disputes during construction, improving schedule certainty.
• PLAs typically provide access to a stable, trained workforce through union hiring halls, which can be advantageous for complex projects requiring specialized trades. • PLAs can include local hire goal provisions, providing the opportunity for city residents employed in the construction trades to work on the project in their hometown. • Negotiating and administering a PLA involves additional cost and time upfront and may reduce the pool of contractors willing to bid (e.g. non-union firms), though California law requires PLAs SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
to permit qualified contractors regardless of union affiliation so long as they become signatories to the related Union’s master labor agreement.
Should the City Council authorize staff to proceed with a progressive design build project delivery method, staff would recommend that the City enter into a Project Labor Agreement rather than the enforceable commitment to meet the skilled and trained workforce requirements under California Public Contract Code Section 22185. Staff believe that a PLA would have fewer administrative requirements than the Enforceable Commitment’s monthly reporting requirements. The PLA will provide greater access to the required skilled trades for a project of this complexity while also ensuring labor peace (i.e. no strikes, walkouts, etc.), through the project’s lifetime. This move also aligns with that of the County of Marin, who is pursuing a Progressive Design Build approach with the Marin County Fire Department Headquarters project and elected to proceed with a project labor agreement.
Conclusion and Next Steps:
Staff believe pursuing a Progressive Design-Build delivery method will ultimately provide for a higher quality project which may also yield a shorter time frame to completion. This view has been corroborated by the City’s capital project management consultant, Griffin Structures, and contract attorney team for the project, Best Best and Kreiger, who both have shared anecdotally that jurisdictions they work with are very satisfied with this project delivery approach for the aforementioned reasons. The advantages of this approach, when compared to other available options, will help to ensure the City’s achieves the best value for our community who voted for this new facility to be built.
Following direction from the City Council on this item, Staff is prepared to develop and release a Design Build Entity Solicitation (RFP) as well as initiate California Environmental Quality Act consultation and environmental process. At the same time, staff will seek to negotiate a Project Labor Agreement for the project. An update on these items will be provided to the Measure P Subcommittee at their June 2, 2026 regular meeting. The City Council will review and approve any proposed Project Labor Agreement. The City Council will also approve the contract for the Design Build Entity and CEQA consultant, following review of finalist firms by the Measure P Subcommittee later this year.
COMMUNITY OUTREACH:
Beginning in May 2026, Staff will launch an initial community engagement effort to identify top community priorities for the new facility and to help refine the initial proposed building program developed by the project team. This effort will include a community survey and the first meeting of a Community Stakeholder Committee. The Community Stakeholder Committee has been established to provide input on programming, use, and design of the facility. This committee will consist of seven members that represent key stakeholder groups for the future library and community center. These members include:
• Board of Library Trustees: Larry Andow, Trustee
• Friends of the San Rafael Public Library: Glena Coleman, Board Member • Goldenaires Senior Citizens Organization: representative still to be confirmed • Park and Recreation Commission: Kela Cabrales, Commissioner • San Rafael Chamber of Commerce: representative still to be confirmed • San Rafael Public Library Foundation: Cheryl Lentini, Board Member • San Rafael City Schools: Pepe Gonzalez, Director of Community Partnerships SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
The first meeting of the Community Stakeholder Group will take place on May 11, 2026 where the group will discuss the project overview and timeline, community engagement, and the draft building program.
FISCAL IMPACT:
There is no direct fiscal impact associated with the City Council's action to authorize the project delivery method at this time. Staff will return to the City Council for appropriation of project funding and approval of professional services contracts as the project advances through procurement.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve the Staff recommendation
2. Direct staff to pursue a project delivery method other than Progressive Design Build
3. Direct staff to pursue the enforceable commitment requirement instead of a Project Labor Agreement.
4. Direct staff to return with more information.
5. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Receive staff's analysis of project delivery methods for the Measure P Library and Community Center project;
2. Authorize staff to proceed with the Progressive Design-Build (PDB) project delivery method; and
3. Direct staff to initiate Project Labor Agreement negotiations with the North Bay Building and Construction Trades Council and Northern California Capenter’s Regional Council.
ATTACHMENTS:
None.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.c
Meeting Date: April 6, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez,
Human Resources Director
TOPIC: APPOINTMENT OF AN INTERIM CITY MAANGER
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPOINTING
PAUL NAVAZIO AS INTERIM CITY MANAGER AND AUTHORIZING THE MAYOR TO
EXECUTE AN EMPLOYMENT AGREEMENT WITH PAUL NAVAZIO
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution appointing Paul Navazio as Interim City Manager and authorizing the Mayor to execute an employment agreement with Mr. Navazio.
BACKGROUND:
On February 11, 2026, the City Council appointed Paul Navazio to serve as Acting City Manager to provide leadership continuity during a transition period.
Prior to his appointment as Acting City Manager, Mr. Navazio has served as the City of San Rafael’s Finance Director since July 10, 2023. In that role, he has been responsible for overseeing the City’s financial operations, budgeting, and long-term fiscal planning.
To ensure continued stability in City operations and executive leadership, the City Council now desires to formally appoint an Interim City Manager to serve until a permanent City Manager is selected.
ANALYSIS:
Appointing an Interim City Manager is a common practice during periods of executive transition to maintain continuity of operations and leadership.
Mr. Navazio has already been serving in the Acting City Manager capacity since February 11, 2026, and has demonstrated the ability to effectively manage City operations during this interim period. His prior experience as Finance Director provides a strong foundation in municipal governance, organizational leadership, and fiscal management.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Formalizing his role as Interim City Manager will provide clarity in leadership structure and ensure the City continues to operate efficiently while the recruitment process for a permanent City Manager is underway.
FISCAL IMPACT:
There is no additional fiscal impact associated with this action beyond any compensation adjustments that may be approved as part of the Interim City Manager appointment. Funding is available within the existing budget.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution appointing Paul Navazio as Interim City Manager.
2. Direct staff to return with additional information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution appointing Paul Navazio as Interim City Manager and authorizing the Mayor to execute an employment agreement with Mr. Navazio.
ATTACHMENTS:
1. Resolution
2. Interim City Manager Employment Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPOINTING PAUL NAVAZIO AS INTERIM CITY MANAGER AND AUTHORIZING
THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH PAUL
NAVAZIO
WHEREAS, on February 11, 2026, the City Council appointed Paul Navazio to serve as Acting City Manager to ensure continuity of leadership and operations; and WHEREAS, Paul Navazio has served the City of San Rafael as Finance Director since July 10, 2023, and has extensive experience in municipal finance and administration; and
WHEREAS, the City Council desires to ensure continued stability and effective management of City operations during the recruitment and selection of a permanent City Manager; and
WHEREAS, the City Council finds that Paul Navazio is qualified and capable of serving as Interim City Manager during this transitional period; and WHEREAS, the appointment of an Interim City Manager will ensure continuity in executive leadership and the efficient administration of City affairs.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby find that the foregoing recitals are true and correct and authorizes the Mayor to execute the interim city manager employment agreement attached to the staff report with Mr. Navazio.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th day of April, 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
1 INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ________, 2026, by and between the City of San Rafael, a municipal corporation ("City"), and Paul Navazio ("Navazio" or “Interim City Manager”). In this Agreement, the City and Navazio may each be referred to individually as a "Party", and collectively as the "Parties."
RECITALS
A) The City requires the services of an Interim City Manager.
B) The City desires to employ Navazio as its Interim City Manager, has conferred with him, and performed all necessary pre-employment background and reference checks required for appointment to this highly sensitive and important City position.
C) Navazio possesses the necessary education, experience, skills, and judgment to serve as the City's Interim City Manager.
D) The Parties desire to enter into and execute this Agreement pursuant to the authority of and subject to the California Government Code Section 53260 et seq., and all other applicable law.
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1) EMPLOYMENT - The City hereby offers to employ Navazio as its Interim City Manager, and Navazio accepts such employment on the terms and conditions set forth hereafter.
2) AT WILL – The Interim City Manager position is at will. The City Council shall have the discretion to remove and replace Navazio as Interim City Manager with a majority vote. In the event of removal, Navazio shall return to his position as Finance Director. 3) TERM - The Agreement shall become effective on April 6, 2026 and continue until appointment of a City Manager unless the Council determines in its discretion to end the appointment in accordance with Section 7.
4) COMMITMENTS ANDUNDERSTANDINGS
A) Interim City Manager’s Commitments
(1) Duties & Authority
(a) The Interim City Manager shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City.
(b) The Interim City Manager shall perform all the duties of the City Manager as set forth in Section 2.08 of the San Rafael Municipal 2 Code, applicable provisions of the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. The Interim City Manager shall also act as the chief executive of other City-related legal entities, as designated or by City Council.
(c) The Interim City Manager shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement such policies. To accomplish this, the Interim City Manager shall be required to:
i. Attend all meetings of the City Council, unless excused by the Mayor.
ii. Review all agenda documents before preparing the agenda for all regular or special meetings of the City Council. iii. Direct the work of all appointive City officers and departments.
iv. Endeavor to implement changes that the Interim City Manager believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. v. From time to time, recommend to the City Council adoption of such measures as the Interim City Manager may deem
necessary or expedient for the health, safety, or welfare of the community, or for the improvement of City services. vi. From time to time, and based on the Interim City Manager's best judgment, propose to the City Council the consolidation or combination of offices, positions, departments, or units under the Interim City Manager's jurisdiction. The Interim City Manager may be the head of one or more City departments. vii. Provide management training and develop leadership qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges.
viii. Exercise control of City government in emergencies as authorized by the Municipal code and California law.
(d) The provisions of California Government Code sections 53243 to 53243.4, as those sections now or hereafter exist are hereby incorporated by reference into this Agreement. Thus, if Navazio is convicted of a crime involving an abuse of the Interim City Manager's office or position, whether before or after release from employment, Navazio shall fully reimburse the City for any severance pay, paid leave salary disbursed pending an
investigation related to the crime, or legal criminal defense funds relevant to the crime
3 (2) Hours of Work
(a) The Interim City Manager is an exempt employee in City government; however, it is expressly agreed to and understood by Navazio that he is expected to engage in all hours of work necessary to fulfill the obligations of the position. The Interim City Manager must devote substantial time to the business of the City, outside of the City's customary business hours, and to that end the Interim City Manager's schedule of work each day and week shall vary in accordance with the work required to be performed. The Interim City Manager shall spend sufficient hours on site to perform their duties.
(b) The Interim City Manager shall not spend more than 12 hours per month teaching, consulting, speaking, or engaged in other non-City connected business for which compensation is paid without the express prior written consent of the City Council. Nothing in this agreement shall prohibit the Interim City Manager from engaging in any charitable activities, so long as the time spent does not interfere with the Interim City Manager's regular duties.
(3) Disability or Inability to Perform
(a) In the event the Interim City Manager becomes mentally or physically incapable of performing the Interim City Manager's functions and duties taking into account reasonable accommodation, and it reasonably appears such incapacity will last for more than two weeks, the City Council may appoint another Interim City Manager.
B) City Commitments
(1) The City shall provide the Interim City Manager with the compensation, incentives, and benefits specified in this Agreement, as from time to time may be amended with written consent of both parties.
(2) The City shall provide the Interim City Manager with a private office, administrative support, staff, office equipment, supplies, automobile allowance, and all other facilities and services reasonably necessary for the performance of their duties.
(3) The City shall pay for (or provide the Interim City Manager reimbursement for) all actual business expenses. The City shall provide the Interim City Manager a City credit card to charge appropriate and lawful City business expenses.
(4) Given the importance of technological tools to the effective and efficient conduct of the City's business, the City shall provide computer, laptop computer, printer, high-speed Internet access, cellular phone, iPad or subsequent type devices, electronic calendar, fax, copy machine and similar devices to the Interim City Manager at the City's expense, both at the Interim City Manager's office and at the Interim City Manager's residence as needed to carry out the duties of the position. All such equipment shall remain the property of the City. (5) The City shall pay for the Interim City Manager’s membership, training, and conferences with local, state, and national city manager organizations. (6) The City Council sets policy for the governance and administration of the 4 City, and it implements its policies through the Interim City Manager. (7) The City Council recognizes that to meet the challenges facing the City it must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits to spending time each year outside of regular City Council meetings to work with the Interim City Manager and staff on setting goals and priorities for the City government, and to work on issues that may be inhibiting achievement of City goals. (8) Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the Interim City Manager or the Interim City Manager's designee, and neither the City Council nor any member thereof shall give orders or direction to any subordinate of the Interim City Manager, either publicly or privately. (9) The City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the Interim City Manager. Notwithstanding, the City Council will work with the Interim City Manager to assess, interview, and select the positions of Police Chief and Fire Chief as needed. (10) The City Council agrees that any criticism of a City staff member shall be done privately through the Interim City Manager.
(11) Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the Interim City Manager. The Interim City Manager shall take orders and instructions from the City Council only when it is sitting as a body in a lawfully held meeting.
C) Performance Evaluation
(1) The City Council recognizes that for the Interim City Manager to respond to its needs and to grow in the performance of the Interim City Manager's job, the Interim City Manager needs to be advised how the City Council members evaluate the Interim City Manager's performance.
(2) To assure that the Interim City Manager receives this information, the City Council shall conduct an evaluation of the Interim City Manager's performance at least every three months. The City Council and the Interim City Manager agree that performance evaluations, for the purpose of course corrections, may occur more frequently during each calendar year. In addition, the City Council may choose to establish a sub-committee to meet with the Interim City Manager periodically to measure progress on stated goals and priorities.
5) COMPENSATION - The City agrees to provide the following initial compensation to the Interim City Manager during the term of the Agreement:
A) Base Salary
The annual salary for the position of Interim City Manager shall be established by Resolution of the City Council. The annual salary, on appointment, is hereby set at $343,752, which is $28,646 per month. This 5 salary may be adjusted via adoption of a separate Salary Resolution, commencing on or before each fiscal year, and shall be reflected in the salary range identified in said Salary Resolution, from time to time amended and adopted throughout the term of this Agreement.
B) Benefits
(1) Holidays - The Interim City Manager is entitled to paid holidays in accordance with the provisions of the salary and benefit plan for the Unrepresented Executive Management Group.
(2) Leave Allowance
(a) The Interim City Manager shall receive the same vacation accrual and benefits as provided to the Unrepresented Executive Management class of City employees. In addition, the Interim City Manager shall be granted a one-time allocation of 37.5 hours of vacation leave to account for leave that was not accrued due to reaching the vacation cap while serving in the Acting City Manager role. (b) The Interim City Manager shall receive the same sick leave accrual and benefits as provided to the Unrepresented Executive Management class of City employees. City Manager shall be entitled to administrative leave per year in accordance with the provisions of the Salary and Benefit Plan for the Unrepresented Executive Management Group.
(c) All vacation, administrative and sick leave hours already accumulated by the Interim City Manager during the time of their previous positions of employment with the City of San Rafael are carried forward and made applicable in the temporary position as Interim City Manager.
(3) Automobile - The Interim City Manager shall be provided a monthly automobile allowance of $500.00 in exchange for making their vehicle available for the Interim City Manager's own use and for City-related business and/or functions during, before, and after normal work hours. Said allowance is intended to defray costs that the Interim City Manager incurs in utilizing their personal vehicle for City business. The automobile allowance shall appear on the Interim City Manager's payroll stub as ordinary income and part of their salary but shall not be considered part of the Interim City Manager's base salary for purposes of this Agreement. (4) Wellness benefit — The City shall pay $400 per month to promote health and wellness for the Interim City Manager.
(5) Health Insurance — The City shall pay the full cost of the Interim City Manager's family medical insurance premium.
(6) Benefits that Accrue to Other Employees - The Interim City Manager shall be entitled to all benefits, rights, and privileges accorded to non-public safety City Department Directors, including, but not limited to, group health and dental insurance, except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non-public safety City Department Directors or other unclassified employees, this Agreement shall control. As is past 6 practice, this section is intended to include salary and salary-related compensation.
(7) Acting City Manager pay differential; COLA increase for Interim City Manager – For the period February 18, 2026 through February 28, 2026, the City shall pay the Interim City Manager retroactively additional salary in an amount equal to fifteen percent (15 %) of Navazio’s most recent salary as Finance Director to reflect the pay differential to which Navazio was entitled for that period in which he was Acting City Manager. Beginning March 1, 2026, the City shall pay the Interim City Manager the salary set forth above in Section 5(A), which shall require payroll to implement a retroactive adjustment for the period between March 1, 2026 and the adoption of this Agreement. Should Navazio continue to be Interim City Manager in July 2026, when the City is scheduled to implement COLA adjustments to the City workforce, the City shall increase the Interim City Manager salary by a COLA increase equivalent to the percentage increase received by the Unrepresented Executive Management employees.
C) Pension - Marin County Employee Retirement Association (MCERA) City will pay only the City's Share for participation in the Marin County Employee Retirement Association. Navazio shall pay the employee share.
D) Deferred compensation
(1) Section 457 Plan - The City shall also contribute into an Internal Revenue Services (IRS) Section 457 Plan selected by Navazio from the list of City approved plans; the annual contribution to be made by the City on Navazio’s behalf shall be the annual maximum allowable contribution determined by the IRS.
(2) Internal Revenue Code Compliance - All provisions of Sections 4.A and 4.B are subject to the provisions and limitations of the Internal Revenue Code and its related regulations as amended from time to time. No requirement of any provision of Sections 4.A and 4.B shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations, and the inability of the City to effectuate such requirements shall not constitute a breach of this Agreement
E) Insurance
(3) Disability Insurance. Long Term Disability insurance is to be provided as stipulated in the Unrepresented Management Resolution. (4) Life Insurance. Term life insurance in the amount of $250,000, with the premium to be paid by the City, payable to a beneficiary the Interim City Manager designates.
6) SEPARATION
A) Discretionary Removal - The City Council shall have the discretion to remove and replace Navazio as Interim City Manager with a majority vote of City Council.
In the event of removal, Navazio shall be entitled to return to his position as Finance Director under the terms of the Unrepresented Management Resolution.
7 B) Appointment of City Manager – Upon the City Council’s appointment of a City Manager, Navazio shall return to his position as Finance Director under the terms of the Unrepresented Management Resolution.
C) The Parties agree that Navazio’s appointment to Interim City Manager is temporary in nature.
7) MISCELLANEOUS PROVISIONS
A) Amendments-- This Agreement may be amended at any time but only by mutual written agreement authorized by the City Council and signed by the Mayor and Navazio.
B) Conflict of Interest
(1) Navazio shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of his official duties or which would tend to impair independence in the performance of his official duties. (2) Navazio shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to Navazio’s employment as Interim City Manager with the City. (3) Navazio is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.
C) Indemnification
(1) The City shall defend, hold harmless, and indemnify the Interim City Manager from any claim, demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the course and scope of the Interim City Manager’s performance of his duties as Interim City Manager, pursuant to and in accordance with Government Code sections 995 through 996.6 and Government Code section 825.
Should the Interim City Manager be sued for damages in an action in which it is alleged that the complained of act(s) arise out of the performance of his duties, the City shall provide a legal defense for the Interim City Manager in such suit and indemnify the Interim City Manager from any judgment rendered against him; provided however that such indemnity shall not extend to any judgment for damages arising out of any proved willful wrongdoing on his part. This indemnification shall extend beyond termination of employment provide protection for any such acts undertaken or committed in the Interim City Manager’s capacity as Interim City Manager while in the employment of the City, regardless of whether the notice of filing of a lawsuit occurs during or following his employment with the City.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies that the Interim City Manager may have under the law.
(2) The City and all parties claiming under or through it, hereby waive all rights of subrogation and contribution against the Interim City Manager , for all matters while he is acting within the scope of the Interim City Manager’s duties, from all claims, losses and liabilities arising out of or 8 incident to activities or operations performed by him, or by him on behalf of the City, or any party affiliated with or otherwise claiming under or through him, regardless of any prior, concurrent, or subsequent active or passive negligence by the Interim City Manager.
D) Severability - If any clause, sentence, part, section, or portion of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.
E) Jurisdiction and Venue - This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Marin County, California.
F) Entire Agreement - This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as expressly set forth herein. This Contract may be amended or modified only by a written, fully executed agreement executed by the Parties.
G) Notice - Any notice, amendments, or additions to this Agreement, including change of address of either party during the term of this Agreement, which the Interim City Manager or the City shall be required, or may desire, to make shall be in writing and shall be sent by prepaid first-class mail or hand delivered to the respective Parties as follows:
If to the City:
Mayor
City of San Rafael
1400 Fifth Avenue San
Rafael, CA 94901
With a copy to the City Attorney
If to the Interim City Manager:
Interim City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
EXECUTION:
IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be duly executed by its Mayor and the Interim City Manager, and duly attested by its City Clerk, the day and year first written above.
EMPLOYER - CITY OF SAN RAFAEL INTERIM CITY MANAGER
9 By: ________________________________ ___________________________ Kate Colin, Mayor Paul Navazio
________________________________
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
________________________________
Robert F. Epstein, City Attorney
4932-2724-1623 v1
EMPLOYMENT AGREEMENT
Between the City of San Rafael and Paul Navazio
Dated March __ 2026
TABLE OF CONTENTS
RECITALS ........................................................................................................................... 1 1) EMPLOYMENT......................................................................................................... 1 2) AT WILL.................................................................................................................... 1 3) TERM ....................................................................................................................... 1 4) COMMITMENTS AND UNDERSTANDINGS .............................................................1 A) INTERIM CITY MANAGER COMMITMENTS............................................................ 1 B) CITY COMMITMENTS...............................................................................................3 C) PERFORMANCE EVLAUATION ...............................................................................3 5) COMPENSATION......................................................................................................4 A) BASE SALARY .........................................................................................................4 B) BENEFITS.................................................................................................................5 C) PENSON ...................................................................................................................6 D) DEFERRED COMPENSATION .................................................................................6
E) INSURANCE
6) SEPARATION............................................................................................................6 A) DISCRETIONARY REMOVAL...................................................................................6 B) APPOINTMENT OF CITY MANAGER.......................................................................6 C) TEMPORARY APPOINTMENT .................................................................................6 4932-2724-1623 v1
7) MISCELLANEOUS PROVISIONS............................................................................. 7 A) AMENDMENTS ........................................................................................................ 7 B) CONFLICT OF INTEREST........................................................................................ 7 C) INDEMNIFICATION.................................................................................................. 7 D) SEVERABILITY ........................................................................................................ 8 E) JURISDICTION AND VENUE. .................................................................................. 8 F) ENTIRE AGREEMENT ..............................................................................................8 G) NOTICE.....................................................................................................................8 EXECUTION ........................................................................................................................8 ii