San Rafael City Council
May 4, 2026

AGENDA

SAN RAFAEL CITY COUNCIL - MONDAY, MAY 4, 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:

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special Closed Session and Regular City Council Meetings of April 20, 2026 (CC)
Recommended Action - Approve Minutes as submitted
b. Public Service Award 2026
Resolution of Appreciation to Recipient of the Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award for 2026 (CC)
Recommended Action – Adopt Resolution
2 c. Solid Waste Collection Code Amendments Ordinance
Final Adoption of Ordinance 2062: An Ordinance Amending Chapter 9.19, Entitled “Solid Waste Collection and Disposal and Edible Food Recovery,” Chapter 11.04, Entitled “Encroachments in the Public Right-Of-Way,” and Chapter 12.260, Entitled “International Property Maintenance Code Amendments” of the San Rafael Municipal Code (CC) Recommended Action – Final Adoption of Ordinance No. 2062 d. Citywide Records Management Program
Resolution Adopting a Records Management Program Policy; and Resolution Declaring Laserfiche as a Trusted System for the Management of Records and the Automation of Retention Requirements (CC)
Recommended Action – Adopt Resolutions
e. Statement of Economic Interests Annual Filings
Accept a Report on Fair Political Practices Commission Form 700, Statement of Economic Interests, 2025 Annual Filings for Designated Employees and Consultants (CC) Recommended Action – Accept report
f. Workers’ Compensation Claims Management Services
Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Intercare Holdings Insurance Services, Inc. for Workers’ Compensation Third-Party Claims Administration Services in an Amount Not to Exceed $1,418,757 and Authorizing the City Manager to Execute All Necessary and Incidental Documents (HR) Recommended Action – Adopt Resolution
g. Management of Freitas Park Tennis Courts
Resolution Authorizing the City Manager to Enter into an Amended and Restated Joint Powers Agreement with Miller Creek School District for the Joint Use of School Facilities for Community Recreation Purposes (LR)
Recommended Action – Adopt Resolution
h. Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Parametrix, Inc. to Provide Design and Environmental Services for the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project in the Amount Not to Exceed $792,720 and Authorizing a Supplemental Budget Appropriation in the Amount of $567,720 from the City Gas Tax Fund (206) (PW)
Recommended Action – Adopt Resolution
i. Proclamations
Proclamations in Recognition of:
i. Small Business Week
ii. National Police Week
iii. Jewish American Heritage Month
iv. Public Service Recognition Week
v. Celebrate Older Americans Month
vi. San Rafael Fire Foundation
vii. Asian American, Native Hawai’ian, and Pacific Islander Heritage Month viii. Wildfire Preparedness Week
Recommended Action – Receive and file
3 j. San Rafael Heritage Preservation Award for The Carnegie Library Receive and File San Rafael Heritage’s Preservation Award for The Carnegie Library (LR) Recommended Action – Receive and File
SPECIAL PRESENTATIONS:

3. Special Presentations:
a. Presentation of Proclamation in Recognition of Mental Health Awareness Month in Marin County (CM)
b. Presentation of Resolution of Appreciation to Public Service Award Recipient (CC)

PUBLIC HEARINGS

4. Public Hearings:
a. 770 Lindaro Street / 999 3rd Street (BioMarin San Rafael Campus) Introduction of an Ordinance Adopting the First Amendment to the Development Agreement (DA26-001) Between the City and California Corporate Center Acquisition, LLC (Ordinance No. 1982) to Remove Requirements for Park and Conference Room Access and Auxiliary Parking for General Public (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55): CEQA Determination: Exempt Pursuant to 15061(b)(3) (CED) Recommended Action – Introduce the Ordinance, waive further reading, and refer to it by title only
b. Community Development Block Grant (CDBG)
Resolution Recommending Community Development Block Grant (CDBG) Project Funding for the Fiscal Year 2026-2027 to the Marin County Board of Supervisors (CED) Recommended Action – Adopt Resolution
c. Reporting on Vacant Positions
Compliance with Assembly Bill 2561 (2023-2024): Reporting on Vacancy Rates and Actions Taken to Address Vacancies in City Departments (HR) Recommended Action – Receive report

OTHER AGENDA ITEMS

5. Other Agenda Items:
a. Marinwood Community Services District and San Rafael Fire Departments Discuss Current Challenges and Future Opportunities for the Provision of Fire and Emergency Medical Services Through Amendments to the Current Shared Services Agreement, Transitioning to Future Contract for Services and Long-Term Comprehensive Regional Service Delivery Model; Authorize the City Manager or Designee to Negotiate Future Opportunities to Discuss (CM/FD) Recommended Action – Provide feedback and policy direction regarding a proposed operational and fiscal framework; and direct staff to continue negotiations with Marinwood CSD and return, as a first step, with a finalized amended Service Agreement for Council consideration, and continued collaboration on the long-term goal of transitioning to a regional service delivery model
4 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 May 4, 2026 meeting

MINUTES

SAN RAFAEL CITY COUNCIL SPECIAL CLOSED SESSION
MONDAY, APRIL 20, 2026 AT 5:30 P.M.

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

Present: Councilmember Hill
Councilmember Llorens Gulati
Mayor Kate

Absent: Councilmember Bushey
Vice Mayor Kertz
Also Present: City Attorney Robert Epstein
Mayor Kate called the meeting to order at 5:34 p.m.

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

1. Mayor Kate announced Closed Session items.

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

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, pursuant to Government Code Section 54956.9(d)(1)
Name of case: Worker’s Compensation Appeal Board, Claim No. 2193400015 ADJOURNMENT:

Mayor Kate adjourned the meeting at 5:40 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor

Minutes subject to approval at the May 4, 2026 meeting

MINUTES

SAN RAFAEL CITY COUNCIL - MONDAY, APRIL 20, 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 Hill
Councilmember Llorens Gulati
Mayor Kate

Absent: Councilmember Bushey
Vice Mayor Kertz
Also Present: Interim City Manager Paul Navazio
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the roll.

City Attorney Robert Epstein announced that no reportable action was taken in Closed Session.

Mayor Kate provided opening remarks which included gratitude to City Staff, the announcement of San Rafael’s Employee of the Year (Walter Gonzalez Valdez) and Team of the Year (Vedika Ahuja and Sherman Peng), and a land acknowledgment.

City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

OPEN TIME FOR PUBLIC EXPRESSION – 10 MINUTES
• None
CITY MANAGER AND COUNCILMEMBER REPORTS:
2 (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

1. City Manager and Councilmember Reports:

Interim City Manager Paul Navazio provided the following announcements and updates:
• Citywide Bicycle & Pedestrian Plan Update
• “Touch the Sky” Sculpture now temporarily located at B Street Community Center • Public meetings:
o Wildfire Preparedness forum with Marin Wildfire Prevention Authority (MWPA) to be held Saturday, May 2, Embassy Suites, 9:30 a.m. - noon o Economic Development & Housing Subcommittee meeting to be held Tuesday, April 21, City Hall, 10 a.m.
o Bicycle & Pedestrian Advisory Committee meeting to be held Tuesday, April 21, City Hall, 6 p.m.
o Planning Commission meeting to be held Tuesday, April 28, City Hall, 7 p.m.

City Councilmember Reports:
• Councilmember Llorens Gulati reported on a townhall community meeting with the Spinnaker and Baypoint Neighborhood, a Marin Sea Level Rise meeting, a San Rafael Public Library gardening class with Marin Master Gardeners, and a Climate Change Action quarterly meeting to be held on Tuesday, April 21, City Hall. • Councilmember Hill reported on a Finance subcommittee meeting and the groundbreaking for the Mill Creek project at 930 Irwin. • Mayor Kate reported on meetings with the West End Neighborhood Association (WENA) and the Montecito Area Resident Association (MARA), a Point San Pedro Open House with the County, a Finance Subcommittee meeting, a Homelessness Subcommittee meeting, and a Sonoma Marin Area Rail Transit (SMART) meeting.

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

CONSENT CALENDAR:

Mayor Kate invited public comment.

Speaker: Ken Dickinson
Councilmember Llorens Gutati moved and Councilmember Hill seconded to approve the Consent Calendar.

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

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special Closed Session and Regular City Council Meetings of April 6, 2026 (CC)
Approved Minutes as submitted
b. Kaiser Hospital Development Project Environmental Consulting Services Resolution Authorizing the City Manager to (1) Amend a Professional Services Agreement with Environmental Science Associates (ESA) in an Amount Not to Exceed $440,327 for a 3 Total Contract Amount of $457,648 For Environmental Consulting Services for the Kaiser Hospital Development Project (PLAN 25-196) Located at Assessor’s Parcel Number (APN) 175-060-57 and (2) Appropriate Supplemental Fiscal Year (FY) 2025-2026 Budget Appropriations Totaling $457,648 Within the Development Services Fund (Fund 207) (CED)
Adopted Resolution 15533
c. Electric Vehicle Charging Electrical Contract
Resolution Waiving Formal Bid Requirements and Authorizing the City Manager to Negotiate and Enter into a Contract with Mike Brown Electric Company for Electric Vehicle Charging Infrastructure Installation Work in an Amount Not to Exceed $288,000 (PW) Adopted Resolution 15534
d. Large Trash Capture Device Projects
Resolution Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with Schaaf & Wheeler Consulting Civil Engineers (S&W) for Additional Design Services Associated with the Large Trash Capture Device Projects, in the Amount Not-To-Exceed $438,671, Increasing the Total Not-To-Exceed Amount Under the Agreement to $915,236 (PW)
Adopted Resolution 15535
e. National Library Week Proclamation
Proclamation in Recognition of National Library Week (LR) Received and filed
f. Agreements for On-Call Planning, Environmental, Plan Check, and Building Inspection Consulting Services
Authorize the City Manager to Enter into the Following Professional Services Agreements (CED):
i. 4 Leaf Inc., Coastland, Interwest, TRB and Associates, and Willdan for On-Call Plan Check and Building Inspection Services in an Amount Not to Exceed $500,000 Per Firm; And,
ii. M Group in an Amount Not to Exceed $500,000 and LAK Associates, LLC in an Amount Not to Exceed $300,000 to Provide On-Call Planning and Environmental Consulting Services
Adopted Resolution 15536

PUBLIC HEARINGS

3. Public Hearings:
a. Marin Sanitary Service Franchise Amendments
i. Resolution Adopting a Fee Study for the City’s Cost of Solid Waste Services Fee and the City’s Franchise Fee for the Use of City Property in the Provision of Solid Waste Related Services; (2) Repealing the City’s Imposition of the Refuse Vehicle Impact Fee; And (3) Decreasing the City’s Cost of Service Fee and Franchise Fee Imposed on Marin Sanitary Services: CEQA Determination: Exempt Pursuant to CEQA Guideline 15378(b)(4)
ii. Resolution Authorizing the City Manager to Execute an Amendment to the Franchise Agreement with Marin Sanitary Service to Require Street Sweeping Services, and to 4 Clarify Authorization to Encroach Upon Public Right-Of-Way, and for the City to Impose a Fee for Right of Encroachment (CM)
Sustainability Program Manager Cory Bytof presented the Staff Report.

Staff, including Justin Wilcock, Marin Sanitary Service, responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Hill seconded to adopt the Resolution adopting a Fee Study for the City’s Cost of Solid Waste Services Fee and the City’s Franchise Fee for the use of City property in the provision of solid waste related services; (2) Repealing the City’s imposition of the Refuse Vehicle Impact Fee; And (3) decreasing the City’s Cost of Service Fee and Franchise Fee imposed on Marin Sanitary Services.

AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Kertz
Adopted Resolution 15537
Councilmember Hill moved and Councilmember Llorens Gulati seconded to adopt the Resolution authorizing the City Manager to execute an Amendment to the Franchise Agreement with Marin Sanitary Service to require street sweeping services, and to clarify authorization to encroach upon public right-of-way, and for the City to impose a fee for right of encroachment.

AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Kertz
Adopted Resolution 15538
b. Solid Waste Collection Code Amendments Ordinance
Consideration of an Ordinance Amending Chapter 9.19, Entitled “Solid Waste Collection and Disposal and Edible Food Recovery,” Chapter 11.04, Entitled “Encroachments in the Public Right-Of-Way,” and Chapter 12.260, Entitled “International Property Maintenance Code Amendments” of the San Rafael Municipal Code; CEQA Determination: Exempt Pursuant to CEQA Guideline 15061(B)(3) (CM)
Sustainability Program Manager Cory Bytof presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.
5 Councilmember Llorens Gulati moved and Councilmember Hill seconded to introduce the Ordinance, waive further reading, and refer to it by title only.

AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Kertz
The City Clerk read the title of the ordinance:

An Ordinance Amending Chapter 9.19, Entitled “Solid Waste Collection and Disposal and Edible Food Recovery,” Chapter 11.04, Entitled “Encroachments in the Public Right-OfWay,” and Chapter 12.260, Entitled “International Property Maintenance Code Amendments” of the San Rafael Municipal Code
Introduced the Ordinance, waived further reading, and referred to it by title only

OTHER AGENDA ITEMS

4. Other Agenda Items:
a. Approval of Measure AA Expenditure Plan
Resolution Approving the Transportation Authority of Marin (TAM) Measure AA Amended Expenditure Plan Adopted by TAM on March 26, 2026
Public Works Director April Miller introduced Derek McGill, Transportation Authority of Marin who presented the Staff Report.

Staff responded to questions from the City Council.

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

Councilmembers provided comments.

Councilmember Hill moved and Councilmember Llorens Gulati seconded to adopt the Resolution approving the Transportation Authority of Marin (TAM) Measure AA Amended Expenditure Plan adopted by TAM on March 26, 2026.

AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Kertz
Adopted Resolution 15539
b. 350 Merrydale Interim Shelter Contract for Operational Services Resolution Authorizing the City Manager to Negotiate and Execute a Second Amendment with Foege Schuman Global Disaster Solutions LLC (FS Global) in an Amount Not to Exceed $2,487,649 for a Total Contract Amount Not to Exceed $3,837,649, to Support the Implementation and Initial Operations of the 350 Merrydale Interim Shelter, and to Extend the Term of the Agreement Through June 30, 2028; and Authorizing a Supplemental FY2025-26 Budget Appropriation of $1,000,000 Within the City’s Grant Fund (283) to Reflect the Portion of the County Grant Provided for this Purpose (CM) 6 Assistant City Manager John Stefanski and Community Services Division Director Daniel Cooperman presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Gregory Andrew, Janet Shirley, Wayne Rayburn, Misha Morgrey, Marianne Nannestad, Ken Dickinson, Justin Solobay, Name withheld Staff responded to questions from public comment.

Councilmembers provided comments.

Councilmember Hill moved and Councilmember Llorens Gulati seconded to adopt the Resolution authorizing the City Manager to negotiate and execute a Second Amendment with Foege Schuman Global Disaster Solutions LLC (FS Global) in an amount not to exceed $2,487,649 for a total contract amount not to exceed $3,837,649, to support the implementation and initial operations of the 350 Merrydale Interim Shelter, and to extend the term of the agreement through June 30, 2028; and authorizing a supplemental FY2025- 26 budget appropriation of $1,000,000 within the City’s Grant Fund (283) to reflect the Portion of the County grant provided for this purpose.

AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Kertz
Adopted Resolution 15540

OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
None.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 8:10 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
Agenda Item 2.b
Public Service Award 2026
Staff Report and Resolution to be published
on Tuesday, May 5, 2026.
1 ORDINANCE NO. 2062

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 9.19, ENTITLED “SOLID WASTE COLLECTION AND DISPOSAL AND EDIBLE FOOD RECOVERY,” CHAPTER 11.04, ENTITLED “ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY,” AND CHAPTER 12.260, ENTITLED
“INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS” OF THE

SAN RAFAEL MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. FINDINGS.

WHEREAS, the City of San Rafael (“City”) desires to update the San Rafael Municipal Code (“SRMC”) provisions regarding the City’s solid waste collection and disposal and edible food recovery; and
WHEREAS, the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code) requires local governments to engage in integrated waste management planning to substantially reduce waste through source reduction, reuse and recycling, in turn lessening the amount of waste deposited in landfills.

WHEREAS, the City’s current solid waste collection and disposal and edible food recovery requirements are contained in SRMC, Chapter 9.19, entitled “Solid Waste Collection and Disposal and Edible Food Recovery.”
WHEREAS, the City Council desires to amend or repeal various provisions in SRMC, Chapter 9.19, regarding the City’s solid waste collection and disposal and edible food recovery system to bring the provisions in line with current City practices and state law; and
WHEREAS, the City Council desires to amend provisions of SRMC, Chapter

11.04, in order to make it consistent with Chapter 9.19 of the City’s Municipal Code.

WHEREAS, the City Council desires to repeal Section 308.3.2 of the 2024 International Property Maintenance Code, set forth in Section 12.260.020 of the SRMC, in order to make it consistent with Section 9.19.130 of the SRMC.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
2 DIVISION 2. Sections 9.19.070(B), 9.19.280, 9.19.310, 9.19.360, 9.19.370, and 9.19.380 of Chapter 9.19 of Title 9 of the Municipal Code of the City of San Rafael are hereby amended or modified as follows, with additions shown in underline and deletions shown in strikethrough:

Section 9.19.070 – Obligation of Solid Waste Collection Service.

A. Except as otherwise provided by this chapter, all occupied premises shall subscribe for solid waste collection service with the authorized collector as herein specified, and for such service a charge shall be collected as per a schedule of maximum rates as shall be set by resolution of the city council.

B. Every property owner, commercial generator, residential generator, or other organic material generator within the city shall have the obligation for disposal of solid waste as provided in this chapter through the designated authorized collector and shall pay the authorized collector for the solid waste collection service at the rates provided therefor. Failure of receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein. The city or authorized collector may cause a lien to be placed upon the real property for failure to compensate the authorized collector for services rendered.

C. Generators shall arrange for a size, quantity and collection frequency of containers to adequately store all solid waste generated in connection with the premises, and subject to collection in garbage containers, recycling containers and organics containers, between the times designated for collection service. The city shall have the right to review the number, size and location of such collection containers to evaluate the adequacy, capacity and collection frequency of containers for each type of collection service and to review the source separation and containment of materials. Generators shall adjust the size of containers, number of containers and/or collection frequency for their collection services as requested by the city in order to meet the standards set forth in this chapter.

D. Generators shall place source separated organic materials, including food waste, in the organics container; place source separated recyclable materials in the recycling container; and place garbage in the garbage container. The city and authorized collector shall have the right to promulgate changes to material types acceptable for each type of collection container. Generators shall not place prohibited container contaminants into the garbage container, organics container or recycling container.

E. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the city which is not subscribing to the collection and disposal service provided by the authorized collector.

F. The owner of each occupied premises shall subscribe for solid waste disposal services within seven (7) days of the occupancy of the premises. If the owner fails to 3 subscribe for service, the authorized collector shall give the owner written notification that such service is required.

G. Generators shall provide or arrange for access during all inspections and investigations (with the exception of the interior of a private residential dwelling unit) and cooperate with the city manager or authorized collector during such inspections and investigations as described in Section 9.19.390.

Section 9.19.280 – Exclusive right.

A. The award of a contract hereunder shall grant the authorized collector during the term of the contract the exclusive right to collect, transport and dispose of all solid waste collected within the city except as otherwise expressly provided in this chapter; provided further, however, that debris box service for construction and temporary cleanup purposes may be provided by persons other than the authorized collector.

B. The award of a contract hereunder shall grant the authorized collector the exclusive right and license to encroach upon public streets, sidewalks, footpaths, and public right-of-ways for the purpose of placing solid waste collection containers for solid waste collection services, during the forty-eight-hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up. The City may impose a fee on the authorized collector for the value of this exclusive and special right and license to encroach.

Section 9.19.310 – Regulations.

A. Except as otherwise permitted by this chapter, and except for self-hauling which is not in lieu of regular weekly service, it is unlawful for any person to collect or carry solid waste through the streets of the city without first having entered a contract or obtained a permit from the city to do so.

B. The authorized collector shall not permit any solid waste to fall or remain on any public street or private premises in the city, shall close all gates used by it in collection service, and shall operate as quietly as the circumstances allow. The authorized collector shall be responsible for all costs, whether incurred by the City or the authorized collector, associated with retrieving solid waste that has fallen on public streets or public or private premises in the city.

C. Collection and transportation equipment shall be maintained and utilized consistent with CCR, Sections 17341 through 17345.

D. The authorized collector shall further abide by all applicable laws and the regulations and orders of the county health department or officer, and ordinances and general regulations of the city, now or hereafter adopted.
4 Section 9.19.360 – Charge for service.

A charge shall be collected by the authorized collector at maximum rates to be established between the city and by the authorized collector, and approved by the City., t The maximum rates are to be subject to change upon approval or amendment of an agreement between the city and the authorized collector. The property owner is responsible for all charges for solid waste removal, including recyclable materials. The maximum rates shall provide to the authorized collector a fair and reasonable compensation and return.

Section 9.19.370 – Payment of rates.

It is unlawful for any person to refuse to pay the rates fixed for the collection of solid waste.

Nonpayment of rates imposed by the authorized collector may result in cessation of service, a violation punishable by law, and/or a lien against the property. It is unlawful for any person to dispose of solid waste, from premises owned, occupied or leased by them, other than by and through the authorized collector, except as provided in this chapter.

Section 9.19.380 – Disputed rates.

Section 9.9.380 is hereby repealed and deleted in its entirety.

DIVISION 3. Sections 11.04.020 and 11.04.030.020 of Chapter 11.04 of Title 11 of the Municipal Code of the City of San Rafael is hereby amended or modified as follows, with additions shown in underline and deletions shown in strikethrough:

Section 11.04.020 – Definitions.

For purposes of this chapter, certain terms are defined as follows:

A. "City" means the city of San Rafael.

B. "Director" means the director of public works of the city or his or her designee.

C. "Encroach" or "encroachment" includes going upon, over or under a public rightof-way, or using a public right-of-way or a public or private area adjacent to a public right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to excavation or disturbance; erection, construction, placement or maintenance of any physical improvement thereon or thereunder; planting or maintaining any landscaping; or placement or maintenance of any waste material or containers containing waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter 9.19 of this code.

D. "Landscaping" means any tree, shrub, grass, groundcover, plant, hedge, ornamental boulder, solid landscape feature or growing thing. 5 E. "Major continuing encroachment" means an encroachment by a property owner into the public right-of-way adjacent to his or her property, which is intended and permitted to continue for an indefinite period of time, and which serves or provides a benefit to the city or the public generally, such as, for example, the provision of off-street parking in an area where such parking is inadequate, the provision or protection of a public accessway, or the promotion of the city's economic vitality or beautification. Major continuing encroachments may include, but shall not be limited to, the following:

1. Fences or walls higher than three feet (3') above natural grade which provide protection to a public street or pedestrian walking path;

2. Abutments for driveways and stairs where reasonably necessary to provide access to the public right-of-way;

3. Ground water monitoring wells.

F. "Minor continuing encroachment" means an encroachment which is intended and permitted to continue for an indefinite period of time, but which by its nature is limited in size, scale or use so that the encroachment will have little or no impact on the public health, safety or welfare, and shall include, but not be limited to, the following:

1. Flat or low-level improvements/landscaping adjacent to city streets or pedestrian walking paths, including but not limited to low-level plants and shrubs, landscape walls and fences less than three feet (3') in height, a private postal box on a post, boulders, concrete and other flatwork;

2. Bicycle racks;

3. Newspaper racks;

4. Awnings, signs, eaves or other minor architectural features of buildings extending more than four feet (4') into the public right-of-way;

5. Other minor improvements which the director determines will not inconvenience or jeopardize the city management or use of the public rightof-way.

G. "Minor encroachment permit" means an encroachment permit issued pursuant to this chapter to authorize a temporary encroachment or a minor continuing encroachment as defined herein.

H. "Moratorium street" mean any portions of the public right-of-way that were constructed or resurfaced during the five (5) year period prior to the proposed excavation and any portions of the public right of way that have been constructed or resurfaced more than five (5) years before the proposed excavation, provided that the right-of-way has a pavement condition index of seventy (70) or higher as described in the city's pavement management program and as defined in City Resolution 12371.
6 I. "Permittee" means any person, utility or special district that has been issued a minor encroachment permit, revocable license agreement, or utility/special district encroachment permit pursuant to this chapter or their successor in interest.

J. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the city of San Rafael, the San Rafael Successor Agency, or their officers, employees or agents.

K. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes.

L. "Public street" means the portion of the public right-of-way of any road, street, pedestrian walking path, or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular traveled way, whether or not those roads, streets, pedestrian walking paths, and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the state highway system or county roads or expressways.

M. "Revocable license agreement" means a separate agreement as required by Section 11.04.050 of this chapter, between the city and the property owner stipulating the use of public right-of-way utilized by a property owner, such as, for example, the encroachment of a structure or retaining wall into the public right of way which is to be maintained by the property owner.

N. "Special district" means any public agency that has been created for the local performance of governmental or proprietary functions within limited boundaries.

O. "Street cut" means the action or result of opening, tearing up, excavating, removing or constructing any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-of-way area, for any purpose whatsoever within the jurisdiction of the city.

P. "Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation.

Q. "Temporary encroachment" means an encroachment which is intended to continue for a specified, limited period of time, not to exceed one (1) year, and shall include, but not be limited to, the following:

1. 1.Debris boxes;

2. Scaffoldings;
7 3. Tree trimming by private property owners or their contractors;

4. Closure for limited periods of time of public streets, driveways or public areas not under control of the state or the county;

5. Closure for limited periods of time of public sidewalks;

6. Painting/washing of building exteriors adjacent to the public right-of-way or public street;

7. Construction required for installation of sidewalks, driveway approaches, curbs and gutters, including underdrains, underground facilities, and sewer laterals;

8. Temporary construction fencing;

9. Painting of address numbers on curbs.

R. "Utility" means any entity providing electricity, gas, cable, video programming, telephone, telecommunications or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public rights-of-way.

S. "Utility/special district encroachment" means any encroachment by a utility or special district.

T. "Waste material" means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded, including any garbage, recyclable materials, solid waste and yard waste as defined in Chapter 9.19.

Section 11.04.030.020 – Exceptions to permit requirement.

Notwithstanding Section 11.04.030.010 above, no permit or license shall be required pursuant to this chapter for any of the following:

A. The actions of any officer or employee of the city engaged in the discharge of official duties.

B. The performance of work under contracts to the city, including work for city projects.

C. Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the director from requiring an appropriate encroachment permit for or removal of any such preexisting encroachment where the director determines the encroachment adversely affects the safety, capacity or integrity of the city's right-of-way.

D. Maintenance or repair of existing pipes, facilities, conduits or other structures lawfully on or under a public right-of-way by a utility or special district, where such maintenance or repair work will not affect traffic in an arterial street.

E. Performing the actual emergency street cut or excavation in the public right-of-way by a utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under any public street, as may be necessary for the preservation of 8 life and property when an urgent necessity therefore arises and the offices of the city are closed, provided that reasonable vehicular and pedestrian barriers or other traffic controls shall be provided during the performance of any such repairs. The utility or special district performing the repair work shall notify the city's public works department by telephone at the time any such repair work is commenced and apply for an encroachment permit retroactively as specified in Section 11.04.060 of the Municipal Code for each emergency location within seventy-two (72) hours of performing the work. The utility shall pay all encroachment permit fees for emergency work as described by the latest schedule of fees developed by the city and described herein.

F. Tree work, including but not limited to planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter 11.12, and no traffic lane closure is anticipated.

G. Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of this code for outdoor dining license agreements.

H. Street closures for special events specifically approved by the city council.

I. Awnings, signs, eaves or other minor architectural features of buildings extending no more than four feet (4') into the public right-of-way; provided that nothing herein shall authorize the placement of signs directly on any street or the right-of-way.

J. In the downtown zoning districts where buildings are permitted to be constructed to the property line (see Title 14, Zoning), no license agreement is required for bay windows, balconies and projecting awnings provided that these architectural features: 1) are approved through design review; 2) extend no more than four feet (4') into the public right-of-way; 3) are designed to provide adequate vertical clearance from the street grade; and 4) do not obstruct or impair above-ground utilities, street lights or street signals. A permit may be required for construction activities.

K. The placement of solid waste, recyclables, or organic waste in collection containers for pick-up in or on any public street, sidewalk, footpath, or any public place whatsoever, pursuant to the authorized collector’s exclusive and special right and license to encroach on the public right-of-way, during the forty-eight-hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up, in accordance with Chapter 9.19 of this code.

DIVISION 4. Section 12.260.020 of Chapter 12.260 of Title 12 of the Municipal Code of the City of San Rafael is hereby amended or modified as follows:

Section 12.260.020 – Amendments.
9 The 2021 International Property Maintenance Code is amended or modified as follows:

Section 308.3.2 is repealed and deleted in its entirety.

DIVISION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to 14 CCR Section 15061(b)(3) of the State CEQA Guidelines, because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment.

DIVISION 6. SEVERABILITY.

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

DIVISION 7. EFFECTIVE DATE; PUBLICATION.

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.

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

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 20th day of April 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 4th day of May 2026 by the following vote, to wit:
10 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________
KATE COLIN, Mayor
Attest:
______________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2062

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 9.19, ENTITLED “SOLID WASTE COLLECTION AND DISPOSAL AND EDIBLE FOOD RECOVERY,” CHAPTER 11.04, ENTITLED “ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY,” AND CHAPTER 12.260, ENTITLED “INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS”

OF THE SAN RAFAEL MUNICIPAL CODE
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2062 which will amend Titles 9.19, 11.04, and

12.260 of the City of San Rafael Municipal Code concerning solid waste and encroachments on the public right of way. Ordinance No. 2062 is scheduled for adoption by the San Rafael City Council at its regular meeting of May 4, 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 amend the San Rafael Municipal Code by amending Title 9 (Health and Sanitation), Title 11 (Public Works), and Title 12 (Building Regulations) of the Municipal Code of the City Of San Rafael, by: 1) amending Sections 9.19.070(B),

9.19.280, 9.19.310, 9.19.360, 9.19.370, and 9.19.380; 2) amending Sections 11.04.020 and 11.04.030.020; and repealing Section 12.260.020; herein and adopting Findings that the Ordinance is exempt from the California Environmental Quality Act Pursuant to CEQA Guideline 15061(b)(3) and supporting the amendments to the Codes.

For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at (415) 485-3066 or the City Manager’s Office, Sustainability Division at (415) 485-3407. 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 a.m. to 4 p.m.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: April 24, 2026
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.d
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: CITYWIDE RECORDS MANAGEMENT PROGRAM
SUBJECT: RESOLUTION ADOPTING A RECORDS MANAGEMENT PROGRAM POLICY; AND

RESOLUTION DECLARING LASERFICHE AS A TRUSTED SYSTEM FOR THE

MANAGEMENT OF RECORDS AND THE AUTOMATION OF RETENTION

REQUIREMENTS
RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolutions:

1. Resolution adopting a Records Management Program Policy

2. Resolution Declaring Laserfiche as a Trusted System for the Management of Records and the Automation of Retention Requirements
BACKGROUND:

In 2015, the City implemented Laserfiche as its electronic document management system. The Laserfiche Repository not only makes records more accessible to the public and staff, but it also protects and preserves the City’s permanent records.

On March 16, 2026, the City Council adopted Resolution 15524, establishing a Citywide Records Retention Schedule. This schedule identifies the various categories of City records and the minimum length of time each record must be retained. Pursuant to state law and the adopted retention schedule, certain records may be destroyed after they have been properly retained or, when authorized, reproduced as electronic records.

California Government Code section 34090 et seq. establishes the framework for the retention and destruction of local agency records. Government Code section 34090.5 further authorizes the destruction of original records after they have been reproduced as a copy within a “trusted system.” Government Code section 12168.7 defines a “trusted system” as a combination of technologies, policies, and procedures that ensure records remain accurate, reliable, and unaltered.

The Secretary of State has also adopted regulations governing Trustworthy Electronic Document or Record Preservation, which establish requirements for maintaining records in electronic format where the original may be destroyed.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The adoption of this Records Management Program Policy, the previously adopted City-Wide Records Retention Schedule, and the resolution declaring a Trusted System represents a major step forward in modernizing San Rafael’s information governance and transparency practices. These actions directly support the City’s Three-Year Strategic Plan, specifically Section F.2.1, which calls for evaluating, identifying, and implementing technology solutions that streamline and improve internal and external processes, including records and information management, by positioning the City to qualify as a Staterecognized “Trusted System.” This designation will enable the City to securely digitize and manage official records, reduce paper dependence, destroy paper, deem the electronic record as the original, and improve access for staff and the public.

ANALYSIS:

As the City moves its Laserfiche repository from an on-site server to the Cloud, the City Council needs to declare Laserfiche a Trusted System. As previously stated, a Trusted System is “a combination of technologies, policies, and procedures.” The City Clerk’s Office worked to establish that these elements are all included in the City’s Trusted System.

1. Records Management Program Policy
The proposed Records Management Program Policy establishes clear, citywide standards for the creation, maintenance, storage, retention, and destruction of records. It defines roles and responsibilities across departments, reinforces compliance with state law, and supports consistent practices throughout the organization.

The Policy provides the governing framework for the City’s Records Management Program.

Administrative procedures necessary to implement the Policy, including workflows for scanning, storing, and deleting records, will be developed, maintained, and updated by the City Clerk in consultation with the City Attorney. These procedures are operational in nature and do not require City Council adoption, allowing the City to remain flexible and responsive to evolving technology and best practices.

2. Technology
State law requires that, prior to destroying original records after digitization, a local agency must utilize a “trusted system.” A trusted system is defined as a combination of technology, policies, and procedures that ensure the integrity and reliability of records.

The City’s Trusted System includes:
• The Citywide Records Retention Schedule (adopted March 16, 2026) • The proposed Records Management Program Policy
• Administrative procedures governing records management (maintained by the City Clerk) • The Laserfiche system and its associated security and audit capabilities Laserfiche provides robust technical safeguards that support the City’s compliance with trusted system requirements, including:
• Encryption of data in transit
• Regular third-party penetration testing
• Intrusion detection systems
• Firewall protections
• Fine-grained access controls
• Multi-factor authentication
• Detailed audit logs of user activity
• SOC 2 Type 2 certification
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Automated, encrypted backups stored in geographically separate locations These elements collectively ensure that records maintained in Laserfiche are secure, reliable, and protected from unauthorized alteration.

By declaring Laserfiche as a Trusted System, the City will be authorized to maintain electronic records as the official record and, where permitted by law, destroy original paper records after proper digitization.

This will reduce physical storage needs, improve operational efficiency, and enhance access to records.

Collectively, the City’s comprehensive Retention Schedule, adopted March 16, 2026, the Records Management Program Policy, and the Laserfiche technology constitute a Trusted System in accordance with State law.

3. Strategic Plan Alignment
These actions directly support the City’s Three-Year Strategic Plan, Priority Area F: High Performing Government - Innovative, Inclusive, Efficient, and Accessible.

Specifically, this effort advances:

F.2.1: Implementing technology solutions to streamline internal and external processes, including records and information management
F.2.4: Updating and implementing citywide records retention schedules and policies FISCAL IMPACT:

There is no direct fiscal impact associated with the adoption of these resolutions. Existing investments in Laserfiche and records management infrastructure support this effort.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the attached resolutions:

1. Resolution adopting a Records Management Program Policy

2. Resolution Declaring Laserfiche as a Trusted System for the Management of Records and the Automation of Retention Requirements
ATTACHMENTS:

1. Resolution (Records Management Program Policy)
a. Exhibit A - Records Management Program Policy

2. Resolution (Declaring Laserfiche as a Trusted System)

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A

RECORDS MANAGEMENT PROGRAM POLICY
WHEREAS, the City of San Rafael creates and maintains records in the course of conducting the public’s business; and
WHEREAS, proper records management is essential to ensure transparency, accountability, operational efficiency, and compliance with applicable laws; and WHEREAS, the City is subject to the requirements of the California Public Records Act (Government Code section 7920.000 et seq.) and state laws governing records retention and destruction, including Government Code section 34090 et seq.; and WHEREAS, Government Code section 34090.5 authorizes the destruction of original records after the creation of a trusted copy, provided that certain requirements are met; and WHEREAS, Government Code section 12168.7 defines standards for a “trusted system” used to manage electronic records; and
WHEREAS, the City utilizes Laserfiche as its enterprise content management system to store, manage, and retrieve official City records; and
WHEREAS, the City desires to establish a comprehensive, citywide Records Management Program to standardize the creation, storage, retention, retrieval, and destruction of records across all departments; and
WHEREAS, the Records Management Program Policy attached hereto as Exhibit A establishes uniform requirements for managing City records; and WHEREAS, adoption of this policy supports the City’s goals of improving efficiency, ensuring legal compliance, and advancing transparency and public access to records; and WHEREAS, the City Council desires to formally adopt this policy and authorize its implementation.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, as follows:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. The City Council hereby adopts the Citywide Records Management Program Policy attached hereto as Exhibit A and incorporated herein by reference.

3. The City Clerk is hereby authorized and directed to implement and administer the Records Management Program Policy, and to provide guidance and training to City departments.

4. The City Clerk, in consultation with the City Attorney, is hereby authorized to develop, implement, and update administrative procedures necessary to carry out the Records Management Program and ensure compliance with applicable laws and best practices.

5. All City departments, officials, employees, contractors, and volunteers shall comply with the Records Management Program Policy adopted by this Resolution.

6. The Records Management Program Policy, Records Retention Schedule, and Laserfiche

system collectively establish the City of San Rafael’s Records Management Program.

7. This Resolution shall take effect immediately upon its adoption.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of May 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
Exhibit A: Records Management Program Policy

CITYWIDE RECORDS

MANAGEMENT

PROGRAM POLICY
Adopted by City Council on (Date)
Resolution No. (Number)

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

1. PURPOSE
This Records Management Program (RMP) Policy (“Policy”) establishes comprehensive and uniform methods for the cost effective and efficient management of the City’s public records (including creation, utilization, maintenance, security, retention, storage, preservation, and destruction), in accordance with legal requirements and professional standards.

This Policy is intended to provide guidance and promote consistency in records management practices across the City; however, it does not create a mandatory duty or impose obligations beyond those required by applicable law. Nothing in this Policy shall be interpreted to expand the City’s legal responsibilities or to create a basis for liability based on the City’s implementation of, or adherence to, this Policy.

2. SCOPE
This Policy is established by the City in accordance with all relevant federal, state, and local laws, and contractual requirements. This Policy is established in accordance with the State Record Retention laws (Government Code §34090, et seq.) as well as the California Public Records Act (Government Code §7920.000 et seq.). Additionally, where relevant to the needs of the City’s management of records, the City has incorporated provisions from professional standards and guidelines. All physical hardcopy or electronic documents, sound, or video works created by employees while executing the City’s business are records under this policy regardless of whether they are managed in a formal process by the employee’s department or kept by an employee or their work unit for reference or any other purpose.

3. AUTHORITIES
The legal authorities and professional guidelines applicable to the management of City records include, but are not limited to, the following:

3.1. Federal and State Law Numerous Federal and State laws related to minimum record retention requirements and statutes of limitations apply to different types of records. Each record series listed in the Records Retention Schedules will have applicable laws cited.

3.2. Government Code §34090 et seq. The principal provisions of California law applicable to City Record Retention requirements are addressed in Government Code §34090, et seq., which generally require original public records to be retained for a minimum of two years and sets forth other requirements for the retention and destruction of specific public records. This Policy establishes the procedures consistent with the provisions within the state law for the destruction of original public records which have been retained for at least the minimum retention period and are no longer required by the City for business or historical purposes. The Policy also addresses the destruction of records which has been replaced by “Trusted Copies” (Government Code (GC) §34090.5) and the destruction of “Duplicate Copies”
(GC §34090.7).

Per subsections of the code, the state law provisions do not authorize the destruction of:
a. Records affecting title to real property or liens thereon. b. Records required to be kept by statute.
c. Records less than two years old.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

3.3. CA Government Code §6200 et seq. Except as otherwise provided by Government Code §34090 et seq., Government Code §6200 et seq. provides that any City employee who is found guilty of willfully destroying (including altering, falsifying, mutilating, defacing, or stealing, in whole or in part) a public record may be punished by imprisonment of up to four years.

3.4. CA Government Code §7920.000 et seq. The California Public Records Act (Government Code §7920.000 et seq.) provides definitions for “writings” and “public records” for the purpose of determining which public documents are required to be disclosed to the public upon request, and which public documents are confidential or otherwise exempt from disclosure.

3.5. Professional Standards and State of California Secretary of State Local Government Records Management Guidelines Selected professional associations and other governmental agencies, such as the California Secretary of State, the Department of Justice, and the California Municipal Clerks Association, have published standards, model retention guidelines, and/or articles recommending retention periods for different types of records. Although these standards and guidelines are not binding upon the City, the City may take these documents into consideration in establishing the City’s Records Retention Schedule and, where applicable, the City will identify deviations from these suggested guidelines within the Records Retention Schedule.

3.6. CA Code of Regulations §22620 et seq. The State of California provides requirements and guidelines for Trustworthy Electronic Document or Record Preservation. This includes requirements for electronic document format, system backups, file compression, security, and policies and procedures for retaining official documents or records created or acquired using a trusted system.

3.7. CA Government Code §12168.7 In addition to the State’s Trustworthy Electronic Document or Record Preservation requirements, the State sets standards for “trusted systems” to acquire electronic documents when the City collaborates with State agencies.

These standards define what a trusted system is and how records must be preserved using trusted systems, including cloud computing services for records storage.

4. RESPONSIBILITIES
Active management of the City’s records is required to ensure that the records are properly maintained. This section identifies elected officials and staff members responsible for managing the City’s records.

4.1 City Council
The City Council reviews and approves the Citywide Records Management Program Policy, the reviews and approves the originating Records Retention Schedule.

4.2 City Clerk
The City Clerk (or designee) shall be responsible for the following:
a. Implementing and coordinating the City’s Records Management (RMP) program. b. Providing review and approval of any proposed amendments to this Policy by Resolution of the City Council.
c. Providing review and approval of any proposed amendments to the Records Retention Schedule annually by the City Clerk, subject to approval by the City Attorney. d. Disseminating information and providing RMP program training to departments. e. Establishing and maintaining a program to assist departments in the destruction of records once their respective retention periods have expired.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

f. Assisting all departments in complying with this Policy. g. Providing written notification to the City Manager and Department Director of violations of the Records Retention Schedule and this Policy.
h. Performing periodic training and audits to assist departments in complying with the Records Retention Schedule and this Policy.
i. Providing written notification to the Department Director of audit discrepancies within departments.
j. Providing review of changes in records management practices relating to this Policy and the Records Retention Schedule.
k. Reviewing requests for records destruction and exercising discretion to approve or deny requests for destruction in accordance with this Policy. l. Receiving City Attorney approved requests for records destruction for final review and processing.
m. Maintaining the Official Record of all documents related to the City’s RMP program, and any amendments or updates thereto, including the following:
• Policy
• Records Retention Schedules
• Lists of Records Coordinators and alternates
• Master Index of Record Series, as submitted by each department • Requests for Destruction of Records, Authorizations to Destroy Records, and Certifications of Destroyed Records

4.3 City Attorney
The City Attorney (or designee) shall be responsible for the following:
a. Providing legal review and approval of any proposed substantive amendments to this Policy or the Records Retention Schedule.
b. Providing legal guidance on the implementation of this Policy and the Records Retention Schedule.
c. Reviewing all requests for records destruction and approving or denying requests for destruction in accordance with this Policy.
d. Forwarding all approved requests for destruction to the City Clerk. e. Notifying the affected Office of Record and the City Clerk when the City must suspend the destruction of records due to pending or potential litigation (litigation hold), discovery requests, or for any other legal reason.

4.4 Department Directors
Department Directors are responsible for the following:
a. Administering the City’s Records Management Program in their respective departments and overseeing that Policy parameters are implemented in a timely manner.
b. Appointing a Department Records Coordinator and an alternate to work with the City Clerk’s Office to implement this Policy. Departments with several divisions may appoint multiple Department Records Coordinators and alternates. c. Establishing and maintaining an inventory of departmental records and providing an updated electronic copy to the City Clerk, when requested. The inventory shall identify the following aspects of each record:
• Associated records series
• Activity status (e.g., active, inactive)
• Media format of the Official Record
• Importance (e.g., vital, historical, confidential), where applicable

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

a. Coordinating with the City Clerk’s Office in the development of a departmental Records Retention Schedule.
b. Periodically reviewing its departmental Records Retention Schedule to ensure that the schedule is complete, current, and accurate.
c. Providing the City Clerk’s Office with written proposed amendments to the Records Retention Schedule, when needed and/or requested.
d. Reviewing proposed amendments to the Records Retention Schedule, as prepared by the City Clerk’s Office.
e. Ensuring the security of records that have been identified as confidential. f. Notifying the City Clerk’s Office of any information received regarding legal issues related to the retention of records within their department. g. Reviewing and approving requests for the destruction of departmental records as authorized by this Policy and the Records Retention Schedule and forwarding such requests to the City Attorney and City Clerk.
h. Approving the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
i. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes ensuring that litigation holds are distributed to appropriate staff, that staff timely acknowledge receipt, and that records are preserved while the litigation hold is in effect.
j. Providing written notification to the City Clerk if there are any discrepancies or violations of this Policy or the Records Retention Schedule within their department.

4.5 Department Records Coordinators
The Department Records Coordinator(s) for each department, under the direction of the Department Director, are responsible for:
a. Creating an index of department records series, and working with the City Clerk, or designee, to develop a Records Retention Schedule.
b. Informing and updating employees in the department about this Policy and the department’s Records Retention Schedule.
c. Ensuring that active records within the department are maintained according to methods described in this Policy and the department’s Records Retention Schedule. d. Maintaining the security of records that have been identified as confidential. e. Maintaining a master inventory of all department records kept internally and at off-site storage facilities.
f. Monitoring all records that are sent off-site for storage to ensure the records are properly packaged and labeled, accurately and completely inventoried, and assigned proposed disposition dates.
g. Coordinating all requests to retrieve documents from off-site storage and ensuring that documents are returned to off-site storage in a timely manner. h. Annually reviewing records and preparing a list of records eligible for destruction when the retention period has expired, as described in this Policy and the Records Retention Schedule.
i. Securing the Department Director’s approval of the destruction of records when the retention periods have expired.
j. Ensure the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
k. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

ensuring that litigation holds are distributed to appropriate staff, that staff timely acknowledge receipt, and that records are preserved while the litigation hold is in effect.
l. Providing written notification to their Department Director and City Clerk of any discrepancies or violations of this Policy or the Records Retention Schedule within their department.

4.6 All City Staff
Any City staff member who routinely works with the City’s records, as required by their assignment, is responsible for:
a. Reviewing this Policy and their department’s Records Retention Schedule. b. Maintaining the security of records that have been identified as confidential. c. Surrendering all City records to their supervisors, their Department Director, the City Clerk, City Manager, or City Attorney, when requested.
d. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes timely reviewing and acknowledging receipt of any litigation hold and preserving records while the litigation hold is in effect.
e. Providing written notification to their Records Coordinator(s) and Department Director of any non-compliance with this Policy or the Records Retention Schedule.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

5. TYPES OF RECORDS
According to California state law a record “includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics” (Govt. Code § 7920.545).

What is a non-record?
It is often difficult to draw a clear distinction between record and non-record material. A helpful hint to follow in making the distinction is that non-record documents can be discarded as soon as they are read. Some examples are listed below:
• Letters of Transmittal and acknowledgements of receipt which do not add any information to the material transmitted.
• Informal notes, worksheets, and rough drafts of letters, memoranda, or reports that do not represent the basic steps involved in the preparation of communications. • Notes, including stenographic notebooks and stenotype tapes, and dictating media which have been transcribed.
• Miscellaneous notices of community affairs, employee meetings, holidays. • Stocks of publications or blank forms that are kept for supply purposes only. • Follow-up or copies of suspense tracers pertaining to correspondence with pending action.
• Library and reference material.

5.1 Access Controls
All documents, writings, or other forms of information prepared, owned, used, produced, acquired, or retained by employees in the course of their responsibilities, regardless of physical form or characteristics, are the exclusive property of the City. Employees shall have no expectation of privacy relating to City records.

When it is necessary for employees to work on electronic documents away from the City, those documents must be accessed via the City’s virtual private network (VPN) or other secure method permitted by the City’s cybersecurity policies. City records shall be maintained within authorized City systems. Employees shall not intentionally download, save, or store City records on personal devices or non-City systems, except as permitted by the City’s cybersecurity and information technology policies. Any temporary or incidental copies created through authorized access (such as system caching or application use) must not be retained beyond their intended use, and employees must ensure that records are not deliberately stored, transferred, or maintained outside of approved City systems. All documents must be returned to the City, and all copies deleted from the outside location, as soon as practicable following their use. Employees shall not have any City physical records in such places as private homes.

Records managed by outgoing officials, employees, contractors, or volunteers shall be delivered to their successors prior to separation from the City.

5.2 Vital Records
Vital Records are those records needed to continue business operations in the event of a disaster and will be identified as such on the Records Retention Schedules. Each department will be responsible for the protection and maintenance of vital records.

Examples of protection include, but are not limited to:
• Storing hard copies in a fire-resistant filing cabinet or area, or in a locked vault, either on site or off site.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

• Storing duplicate hard copies at a secure offsite facility for the duration of the retention life of the vital record.
• Providing regular back-ups for electronic vital records. • Hosting electronic vital records on a cloud-based service, provided that the documents are periodically backed up by the service provider. • Maintaining:
o A list of physical locations of vital records storage facilities and systems. o Access codes, passwords and/or keys for facilities and systems. o Equipment used to store vital records or needed to access electronically stored vital records.
o An inventory of vital records within the facility.
o Procedures for accessing vital records.

5.3 Historical Records
Historical Records are records that are valuable to future researchers to document the accomplishments, changes, and growth of the City. Record Series that may contain historical records will be identified within the Records Retention Schedules. Historical Records may be maintained within each department based on individual departmental procedures or forwarded to the City Clerk’s Office for archival storage.

5.4 Confidential Records
There are many sources of legal authority to exempt a record from disclosure including, but not limited to, the California Public Records Act, Government Code §7920.000 through §7931.000. It would be impractical to list all definitions of “confidential” records in this Policy. If there is any question as to whether a particular record should be designated as “confidential,” the Department Director will consult the City Attorney and City Clerk.

Confidential records must be maintained with sufficient security, and in accordance with applicable laws, to protect their contents from unauthorized access. Departmental procedures to ensure the security of confidential records will be the responsibility of the Department Director.

5.5 E-mail Communications
E-mail messages (including but not limited to email, texts, Teams Chats, Teams Channel Conversations, etc.) and any electronic attachments should be reviewed regularly to determine relevance to current City business and whether the email message is a record or a non-record, subject by this policy. When the e-mail message is a record, the e-mail must be converted to an electronic record, or printed in hard copy, and retained with the associated topic or record series (e.g., project file, purchase order, professional services agreement) for the required retention period as designated in the Records Retention Schedules.
• Some e-mail messages may be routine and may be considered either Transitory Records or Non-records. Such e-mail messages are not intended to be retained in the ordinary course of City business, and the informational content of such communications is neither necessary nor intended to be preserved for future City use or reference.
• E-mail systems are not intended to be, and will not be, used for the electronic storage or maintenance of Official Records, or as document management systems. E-mail communications are retained as follows:

E-mail will automatically be removed and deleted permanently from the user’s Inbox after 2 years, per the City’s Records Retention Policy.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

5.6 Databases
For Records Retention purposes, the City considers all databases, whether residing on City systems or hosted by an outside source (Software as a Service or SAAS), to be Transitory Records. The blanket retention period for databases is “While Active” to reflect that only the current version has informational value to the City.

The Office of Record that uses, maintains and modifies a database must ensure the information contained within the database is correct and accurate, and has the obligation to produce information from the database, as needed, to perform City business. Due to the transitory nature of databases, periodic reports produced from a database, and used for administrative, fiscal, legal or historical purposes, may become Official Records.

Reports designated as Official Records must be maintained in accordance with the Records Retention Schedules.

For example, the City’s Annual Budget Report captures the financial position at the end of a fiscal year, and is used to inform the City Council, staff and citizens of the City’s financial state. Thus, the report must be retained for the retention period designated in the Records Retention Schedule to reflect operational needs.

5.7 Trusted Copy (Migration of an Original Record)
To ensure the accuracy of a Trusted Copy, employees of the OOR must follow the department’s approved process before replacing the original record. The process must be reviewed by the City Clerk and approved by the City Attorney.

Before designating a record as a Trusted Copy, legibility must be validated, and indexes or metadata confirmed as accurately reflecting the content of the original record.

Once the Trusted Copy has been validated and designated as the Official Record, the original record shall be immediately destroyed in the approved manner stated in this policy, unless maintenance and retention of the physical records is required by statute, including but not limited to bonds and recorded documents.

6. STORAGE AND PRESERVATION OF RECORDS

6.1. Active Records
Storage and preservation methods for active records must be approved by the City Clerk or designee and meet all the following minimum specifications:
a. Records must be stored and maintained using reasonable and appropriate inventories and indexing systems that support their identification, retrieval, and disposition in a timely and efficient manner, consistent with operations needs and available resources. The City will make reasonable efforts to maintain records in a manner that facilitates their management in accordance with approved retention schedules; however, the City does not guarantee the ability to identify or document the precise date of destruction for all records. b. Records must be maintained so they are readily accessible to conduct current City business.
c. Storage systems for records will accommodate hard-copy or electronic records and must also conform to the requirements of a Trusted System. Migration of original records to electronic form requires a process that complies with Section

5.7 of this policy.
d. Filing systems should follow these guidelines:

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

d.1 Physical file folder labels should have a consistent style, not a mixture of different styles. This makes reading labels on physical files easier and increases access rates. File labeling should be consistent for the entire group of records.
d.2 A single filing system for primary and secondary indexing levels should be chosen and remain consistent. For example, after establishing primary file sections, select an alphabetical, alpha-numeric, or subject classification to control the sub-group files.
d.3 Record series should be kept together so that permanent records are separate from records with shorter retention requirements. When preparing files for a new calendar or fiscal year, set up files by retention period and add files to the department inventory list including destruction dates.
d.4 Confidential files should be labeled with obvious notations to alert staff members to the special handling requirements.
d.5 Inactive records should be sent to the City Clerk’s Office to be forwarded to offsite storage to ensure the maximum capacity is available for housing active records.

6.2 Inactive Records
Inactive records shall be stored at an offsite storage facility.

An off-site storage facility must:

1. Meet applicable state and local codes.

2. Provide protection from fire and intrusion.

3. Provide reasonable access to records in a timely manner.

Each department shall maintain an inventory of its inactive records in storage and forward an electronic copy of said inventory to the City Clerk’s Office. Prior to sending records to storage, Duplicate Copies, Transitory Records, and Non-Records must be removed and destroyed in accordance with this Policy.

6.3 Cloud or Hosted Electronic Records
Cloud stored or hosted electronic records must follow the City’s Records Retention Schedules.

The cloud or hosting company must:

1. Meet applicable state and local codes.

2. Provide protection from fire and intrusion.

3. Provide reasonable access to records in a timely manner.

7. DESTRUCTION OF RECORDS

7.1 Destruction of Physical or Electronic Records
The City Clerk’s Office oversees and administers the Program, Records Retention Schedules, and the destruction of records. This applies to all records, regardless of format.

Departments must identify all records eligible for destruction pursuant to the Records Retention Schedule and submit a Records Destruction Request Form (available on the City’s Employee Website) to the City Clerk’s Office. The form shall list all documents to be shredded, deleted, or otherwise destroyed and the corresponding retention periods pursuant to the Records Retention Schedule. The Department Director or designee must

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

approve and sign the Records Destruction Request Form and submit it to the City Clerk’s Office. The form must be completed in its entirety.

The City Clerk and City Attorney are responsible for reviewing and approving or denying all requests and forwarding their recommendation to Staff for either denial of request, or to proceed with destruction.

The Department is responsible for obtaining a Certificate of Destruction and forwarding a copy to the City Clerk’s Office along with the fully executed destruction form.

7.2 Destruction of Duplicate Copies
No Duplicate Copy will be maintained longer than the retention period of the original record and may be destroyed at any time within the retention period without authorization.

Department Directors will ensure that employees follow the established procedures for destruction of this Policy. Prior to the destruction of a Duplicate Copy, the employee shall ensure that:
a. The writing is, in fact, a Duplicate Copy and not an original record. b. The writing is no longer required for the operational needs of the department.

7.3 Destruction of Transitory Records
A Transitory Record may be destroyed at any time without authorization. Prior to the destruction of a Transitory Record, the employee shall ensure that:
a. The writing is, in fact, a Transitory Record and not an original record. b. The writing is no longer required for the operational needs of the department.

7.4 Destruction of Non-Records
A non-record may be destroyed at any time without authorization. Prior to the destruction of a non-record, the employee shall ensure that:
a. The writing is, in fact, a non-record.
b. The writing is no longer required for the operational or reference needs of the department.

7.5 Destruction of Original Records After Migration to a Trusted Copy Once an original record has been migrated to a Trusted Copy, in accordance with this Policy, the original record shall be immediately destroyed in accordance with this Policy, unless maintenance and retention of the physical record is required by statute, such as governing body Minutes, Resolutions and Ordinances. Request for the destruction of an original record after migration to a trusted copy shall follow the procedures outlined in Section 7.1 Destruction of Physical or Electronic Records.

7.6 Destruction of Information on Obsolete Electronic Equipment Certain electronic equipment, including Trusted Systems, used by the City may contain methods of electronic storage of City information. This information may be captured and stored as the equipment is used in the normal course of business.

Prior to decommissioning or disposing of City equipment, the responsible department shall ensure that all information relating to City business is permanently deleted or otherwise rendered unreadable from any data storage systems or within the equipment. Under no circumstances shall any electronic equipment be released from City property for recycling, destruction or other disposition until the City information has been deleted. For example, City computers, laptops, servers, and similar devices must have their hard drives wiped or securely erased in accordance with the City’s information technology and cybersecurity standards before being disposed of or reassigned.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

7.7 Destruction of Non-paper Media Records
Official Records stored on non-paper media must be destroyed in a manner consistent with this Policy and the Records Retention Schedule. Documentation for the destruction of these records shall be prepared and retained in accordance with Section 7 of this Policy.

After all Official Records stored on non-paper media (e.g., magnetic tape, disks, diskettes, or other magnetic medium) have been destroyed, the medium itself may be reused, recycled or destroyed.

8. PROCEDURES
The Procedures for the management, storage and preservation, and destruction of records are as follows:

8.1 Access to Electronic Records Systems
A Department Director (or designee) shall approve access to electronic records systems for any employees, contractors, consultants, or volunteers, as needed to fulfill the requirements of their employment.

Any electronic records system is subject to audit by the City Clerk’s Office on a periodic basis. An audit may include operations performed on the database, the date and time an operation occurred and by whom, the database record number, the database index and/or metadata associated with the record, or any other pertinent data where practical.

8.2 Process for Scanning and Imaging of City Records and Documents Laserfiche is the City’s document management system for archiving electronic Trusted Copies and for electronic copies of documents for which there is no legal authorization for destruction (e.g., records affecting title to real property or liens thereon, bonds, recorded documents, notarized documents, etc.;). These documents must be stored within Laserfiche, indexed as required by this Policy, and searchable utilizing Optical Character Recognition (OCR).

Procedures for scanning a hard-copy document for storage in Laserfiche as an Official Record shall be established and reviewed periodically by the City Clerk’s Office. Priority shall be given to those records that must be retained on a permanent basis, and to those records which need to be frequently retrieved.

Examples of records eligible for scanning include, but are not limited to, the following:
• Ordinances & Resolutions
• Minutes
• Plans and Permits
• Contracts and Agreements
• Approved Construction Plans
Departments shall review and purge unnecessary documents from their records prior to scanning. Purging involves evaluating documents within a record, and discarding documents determined to be Transitory Records, Duplicate Copies or non-records.

After images are created, the department shall verify the images are legible and complete.

Images should be verified, indexed, and the OCR process completed as soon as possible after scanning occurs.

Non-scanned images must be imported into Laserfiche, indexed and the OCR process completed, thereby meeting all the same requirements as described above for scanned images.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

When creating an electronic Trusted Copy, the department must determine that the original record has been successfully transferred into electronic format as defined above.

The original record will then be destroyed in accordance with this Policy.

All procedures will be evaluated by the City Clerk and updated, as needed.

8.3 Destruction of Official Records
Official Records, for which the retention period identified on the Records Retention Schedule has elapsed, will be destroyed in accordance with this Policy. Unless placed on litigation hold or other legal hold by the City Attorney, records designated for destruction shall be destroyed within the calendar year after the record expires.

A record that expires during the current calendar year shall be destroyed by December 31st of the following calendar year. For example:

If expiration occurs on: Then destroy no earlier than: or no later than:

January 1, 2025 January 1, 2026 December 31, 2026
December 31, 2025 January 1, 2026 December 31, 2026
Periodic reviews of records shall be performed by the Department Record Coordinator(s).

Additionally, to ensure compliance with this Policy and the Records Retention Schedule, the City Clerk may annually designate a date for departments to review their records and prepare requests for destruction.

Records for which the retention period has elapsed must be identified and included on a Records Destruction Request Form, which is signed by the Department Director, then forwarded to the City Clerk and City Attorney for review and approval. Upon approval, the City Clerk will review the form for approval, completeness, and processing.

Hard Copy Records
Hard-copy records approved for destruction must be destroyed by the Department Records Coordinator(s) (or designee) using one of the following methods:
• Recycling Bin: Expired records that are not confidential. • Shredding: All other records approved for destruction.

NOTE: Confidential records must be shredded by the Department Record Coordinator(s) (or designee). Commercial services may be used for the destruction of paper documents. If a commercial service is used, a Certificate of Destruction from the commercial service must be submitted to the City Clerk’s Office and will be maintained with the approved Records Destruction Request Form.

Electronic Records
Destruction of Official Records in electronic format must follow the same approval process as outlined above for the destruction of hard-copy records. Upon approval, electronic records must be destroyed by the Department Records Coordinator(s) (or designee) using methods that permanently delete the records.

The destruction process must include all Duplicate Copies of the Official Record, regardless of which department maintains the duplicates.

Following the destruction of records, the City Clerk (or designee) shall certify that the records have been destroyed. All Certificates of Destruction shall be maintained in the City Clerk’s Office.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

9. DEFINITIONS
Active Records: Records referenced and readily accessible in the general conduct of current City business.

Citation(s): “Citations” listed in the Records Retention Schedule are the legal bases for a minimum retention period, as required by federal, state, regional and/or local governmental agencies.

Confidential Record: There are many sources of legal authority that define a “Confidential Record” including, but not limited to, the California Public Records Act, Government Code §7920.000 through §7931.000. Therefore, it would be impractical to list all definitions of a “Confidential Record” within this Policy. If there is any question as to whether a record is a Confidential Record, staff should consult with the City Clerk and/or City Attorney prior to disclosure.

In general, a “Confidential Record” is any record not disclosed to the public unless directed by court order. Examples of a “Confidential Record” may include, but are not limited to, the following:
a. Personnel Records:

Examples include any personnel, medical or similar files, the disclosure of which would cause an unwarranted invasion of personal privacy. There are special provisions for law enforcement records.
b. Pending Litigation or Claims:

In general, Government Code § 7927.200 provides that when litigation or a claim is filed against the City, the records pertaining to the litigation or claim are exempt from public disclosure until the litigation or claim has been adjudicated or settled. c. Attorney/Client Privilege and Attorney Work Product:

It should be presumed that all communications from the City Attorney’s Office on behalf of the City to City staff are subject to attorney/client privilege and attorney work product privilege, and the communications should be protected accordingly. d. Police Records and Investigative Reports:

Examples include, but are not limited to, a wide variety of records such as:
• Police investigations, intelligence, analysis, and conclusions • Information that may endanger the safety of any person • Juvenile records
• Active case files
Nevertheless, some law enforcement records are subject to disclosure. Consult with the City Clerk’s Office and/or City Attorney’s Office. e. Feasibility Studies for Property Acquisition or Public Contracts:

Unless required to be disclosed by eminent domain law, feasibility studies relative to the acquisition of property, or to prospective public supply and construction contracts, are not disclosed until all the property has been acquired or until the contract or agreement has been executed.
f. Proprietary Information Obtained by the City:

Proprietary information will not be disclosed if any of the following apply:
a. The outside party providing the information submits the information with the expressed intention to maintain the confidence.
b. The information has not previously been disclosed to others.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

c. The outside party has a reasonable expectation that the information will be maintained in confidence based upon how the City obtained the information.

Examples include, but are not limited to, financial information or computer source code submitted as a condition of a license, permit or certificate.

Public Interest Balancing Test
If a writing does not fit a specific category of exemption, the writing may still be exempt if it meets the Public Interest Balancing Test. According to Government Code §7922.000, the “agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of [the Public Records Act] or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Since there is a significant body of case law analyzing this balancing test, City staff shall route all potentially disclosable records to the City Clerk’s Office who shall coordinate with the City Attorney’s office.

Databases: “Databases” consist of electronic files and fields of data, which manage and store information useful to the department or division. “Databases” are modified over time through the addition, deletion, or modification of data. “Databases” may be maintained by the City or hosted by outside sources. The specific policy regarding databases can be found in Section 6.1.7.

Duplicate Copy: A record that is a copy of an Official Record if the copy is not within the definition of a “Trusted Copy”. In addition to hard copies of Official Records, “Duplicate Copies” also include, but are not limited to, database backups or other copies of electronic records.

Electronic Mail (E-mail): Messages and communications transmitted over internal and external networks are considered “Electronic Mail”. The City considers some “Electronic Mail” to be a transitory record, and the City’s policy on “Electronic Mail” is addressed in Section 5.5.5.

Exampled of “Electronic Mail (E-mail)” include, but are not limited to, the following:
• E-mail
• Teams Chats
• Teams Channel Conversations
• Text Messages
Electronic Records: Records that contain information readable by machine or computer, and which may include information such as text, numbers, graphs, line drawings, pictures, images, video, or sound are considered “Electronic Records”. Examples of “Electronic Records” include, but are not limited to, the following:
• Audio or video recordings
• Electronic mail
• Databases
• Digital images
• Presentation graphics
• Word processing files
• Spreadsheet files
• Voicemail
“Electronic Records” reside on, but are not limited to, media such as magnetic disks or tapes, audio or video cassettes, optical disks, DVDs, CDs, hard drives, or memory sticks.

Historical Records: Records valuable to future researchers that document accomplishments, changes, and growth of the City.

Inactive Records: Records that are no longer referenced, nor required to be readily accessible, in the general conduct of current City business. Such records may be stored at an off-site storage location or within the work area during their required retention period.

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

Indexes and Metadata: Information supporting a record that is unique and distinguishes one record from another. “Indexes” and “Metadata” may include, but are not limited to, record titles, record series codes, sequential identification numbers, dates, Office of Record, project number, account number, or other source information describing the record’s contents. Such information, in and of itself, does not constitute a record.

Litigation Hold: A temporary hold on destruction of any documents potentially relevant to reasonably anticipated, pending or threatened litigation.

Media: The physical format in which a record is maintained including, but not limited to, paper, photographic, micrographic, computer storage, and any other recording or storage method.

Non-record Writing: Any writing which is not within the definition of a Record. Examples of “Nonrecord Writings” include writings that are not directly related to the conduct of the City’s business and/or are used specifically for reference including, but not limited to, textbooks, brochures, catalogs, or seminar announcements.

Questions related to non-records may be forwarded to the City Clerk’s office.

Official Record: An “Official Record” is the original record or “Trusted Copy” having the legally recognized and enforceable quality of any writing containing information related to the conduct of the City’s business.

Office of Record (OOR): The department within the City that is responsible for maintaining a particular record series in accordance with this Policy and the Records Retention Schedules is considered the “Office of Record”. The Records Retention Schedules identify the “OOR” for each record series. Typically, the “OOR” is the department that originates the record. Exceptions may be noted on the Records Retention Schedules.

Permanent Records: Records that are required to be kept in perpetuity, usually identified by statute or other written guidance. Examples include, but are not limited to, original minutes, ordinances, resolutions, and land grant deeds.

Record: For retention purposes, a Record includes any writing containing information relating to the conduct of the business prepared, owned, used, or retained by the organization regardless of physical form or characteristics. Records include the subsets of trusted copies, confidential records, vital records, historical records, active records, inactive records, electronic records and transitory records, as defined within this Policy.

Record Inventory: An inventory helps build and maintain the Records Retention Schedules. An inventory of a department’s records where the following information is recorded:
• The type of record (record series)
• The date range of the records
• The volume of the records
• The format of the record (paper, microfilm or electronic) Records Retention Schedule: “Records Retention Schedule” list all ‘record series’ which are prepared, owned, used, or retained by the City, and identify the required retention period for each record series. The “Records Retention Schedule”, and any amendments or updates, are approved by City Council resolution.

Record Series: A set of records which are created, stored and maintained together. “Record Series” are used as a method to organize records by function and/or document type within the City. Examples of different “Record Series” include, but are not limited to, the following:
• Contracts
• Purchase Orders

CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY

• Resolutions
• Minutes of official meetings
• Timecards
• Financial Statements
Records Coordinators or Department Records Coordinators: Designated staff within each department or division that are intimately familiar with records maintained in their department or division. The person is the main point of contact between the City Clerk’s Office and staff regarding the City’s Records Management Program and this Policy as it relates to records in their department or division.

Retention Period: A “Retention Period” is the length of time that a particular record is retained by the City before it is disposed of in accordance with this Policy. The “Retention Periods” for City records are identified on the Records Retention Schedule.

Transitory Records: A writing with only transitory (short-lived) value since the information is used for a relatively short period of time. Examples include, but are not limited to, the following documents that are not retained in the ordinary course of business:
• Preliminary drafts
• Notes
• Intra-agency memoranda
• Voicemail
• Handheld recorders
Questions related to transitory records may be forwarded to the City Clerk’s office.

Trusted Copy: A “Trusted Copy” is a copy of an originally created record if the copy is created on a Trusted System. “Trusted Copies” are photographically, or electronically generated documents controlled by daily operational procedures and policies to ensure reasonable expectations of document integrity, free from physical or electronic additions, subtractions or other modifications that would change the content of the original document.

Once a “Trusted Copy” is created, it will replace the original source document, and the “Trusted Copy” must then be retained as the Official Record in accordance with the requirements of this Policy and the Records Retention Schedules.

Trusted System: As defined by Government Code §12168.7(c), “‘Trusted System’ means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored.” Thus, a “Trusted System” includes any method of creation, management and/or storage of an Official Record, as defined within this Policy.

Vital Record: Includes records that are needed to continue or resume basic City operations in the event of a disaster.

Writing: As defined by Government Code §7920.545, “‘Writing’ means any handwriting, typewriting, printing, photo stating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.”
Thus, “Writing” is a comprehensive definition that includes the subsets of public records, trusted copies, confidential records, duplicate copies, non-record writings, vital records, historical records, active records, inactive records, electronic records, and transitory records, as defined within this Policy.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A

TRUSTED SYSTEM FOR THE MANAGEMENT OF RECORDS AND THE AUTOMATION OF

RETENTION REQUIREMENTS
WHEREAS, on March 16, 2026, the City Council adopted Resolution No. 15524, adopting a Records Retention Schedule which established procedures for retaining City Records, and for disposing of City Records (Records) when they are no longer needed for administrative, fiscal, historical, or legal purposes, and providing authority to the City Clerk to amend the Records Retention Schedule without City Council approval; and WHEREAS, section 34090, et seq, of the Government Code of the State of California provides the parameters whereby Records that have served their purpose and are no longer required may be destroyed, including the requirement that certain Records be reproduced on a "trusted system," as defined in California Government Code Section 12168.7, prior to destruction; and
WHEREAS, California Government Code section 12168.7 provides uniform statewide standards for storing documents in electronic media; and WHEREAS, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations, located in Chapter 15, Division 7, Title 2 of the California Code of Regulations, which govern the recording, storing, and reproducing of Records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record; and
WHEREAS, the City Clerk has worked to ensure the City's content management system, and Records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document or Record Preservation regulations; and
WHEREAS, the City Council adopted a Resolution establishing a Records and Management Policy instituting the City’s standards for proper management of Records; and WHEREAS, the City uses Laserfiche to electronically store Records in PDF and/or TIFF format; and
WHEREAS, folder-level permissions and restrictions have been established in Laserfiche to ensure only appropriate personnel have access to certain Records; and WHEREAS, collectively, the City's comprehensive Records Retention Schedule, Records Management Program Policy, administrative procedures developed and maintained by the City Clerk in consultation with the City Attorney, and the Laserfiche technology constitute a Trusted System in accordance with State law; and
WHEREAS, in the future, other technologies, in addition to Laserfiche, may be designated separately as a Trusted System.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, as follows:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. Laserfiche is declared the City’s Records storage repository.

3. Laserfiche is backed up, and the backup copy is stored offsite on a routine schedule in a format that cannot be altered.

4. The City Council hereby declares the adopted Retention Schedule, Records Management Program Policy, administrative procedures developed and maintained by the City Clerk in consultation with the City Attorney, and Laserfiche technology collectively establish the City of San Rafael’s Trusted System.

5. This Resolution shall take effect immediately upon its adoption.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of May 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.e
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: __________ TOPIC: STATEMENT OF ECONOMIC INTERESTS ANNUAL FILINGS
SUBJECT: ACCEPT A REPORT ON FAIR POLITICAL PRACTICES COMMISSION FORM 700, STATEMENT OF ECONOMIC INTERESTS, 2025 ANNUAL FILINGS FOR

DESIGNATED EMPLOYEES AND CONSULTANTS
RECOMMENDATION: Accept the report.

BACKGROUND: On September 3, 2024, the City Council adopted Resolution No. 15339, updating the City’s Conflict of Interest Code for Designated Employees in compliance with requirements set forth by the Fair Political Practices Commission (FPPC).

Pursuant to this code, all designated employees and consultants are required to file an annual FPPC Form 700, Statement of Economic Interests, by April 1 of each year. The purpose of this filing is to promote transparency and prevent conflicts of interest by requiring public officials and designated employees to disclose their financial interests. Filing Form 700 ensures that decision-making is conducted in the public’s best interest and in compliance with the California Political Reform Act.

ANALYSIS: As of April 29th, 90% of designated employees and consultants filed their Form 700s. Of the 10 filers who have not yet filed, three are consultants, two are on leave, and two are no longer employed by the City. Filers who have not yet submitted their forms are currently subject to late penalties under FPPC regulations. The City Clerk’s Office has issued the first of two formal non-filer notifications to these individuals.

As part of its compliance review, the City Clerk’s Office conducted a 20% random audit of ontime filings and a 100% review of all late submissions. No amendments were required as a result of this review. All submitted forms are publicly available for review in the City Clerk’s Office and online.

In addition, the FPPC now requires all 87200 filers: Mayor, City Councilmembers, City Manager, City Treasurer/Finance Director, City Attorney, and Planning Commissioners to file directly through the FPPC’s electronic filing system. While these filings are no longer processed through the City Clerk’s Office, staff have manually uploaded copies to the City’s transparency portal to ensure continued local access for San Rafael residents. Mayor, City Councilmembers, City Manager, City Treasurer/Finance Director, and City Attorney submitted their forms by the April 1, 2026, deadline. Two Planning Commissioners filed after the deadline and have since come into compliance.

ATTACHMENTS: None.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.f
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez,
Human Resources Director
City Manager Approval: ______________
TOPIC: WORKERS’ COMPENSATION CLAIMS MANAGEMENT SERVICES SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH INTERCARE HOLDINGS INSURANCE SERVICES, INC. FOR WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $1,418,757

AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AND

INCIDENTAL DOCUMENTS
RECOMMENDATION:

Staff recommend that the City Council:

1. Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreement with Intercare Holdings Insurance Services, Inc. for workers’ compensation Third-Party Claims Administration (TPA) services for the period of July 1, 2026 through June 30, 2031, in an amount not-to-exceed $1,418,757 (including optional years and one-time costs); and

2. Authorize the City Manager to execute all necessary and incidental documents.

BACKGROUND:

The City of San Rafael is self-insured for workers’ compensation and utilizes the services of a Third-Party Claims Administrator (TPA) to adjust workers’ compensation claims. The City has been legally selfinsured for primary workers’ compensation insurance since December 1, 1976 and maintains excess insurance coverage through Safety National for losses exceeding the City’s $1 million self-insured retention since July 1, 2009.

As a self-insured public agency, the City is responsible for administering all aspects of its workers’ compensation program, including claims investigation, compensability determinations, medical management, litigation coordination, and regulatory compliance. Due to the specialized and technical nature of these services, the City has historically relied on a qualified TPA to manage claims efficiently and in accordance with California law.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The City’s current Professional Services Agreement with its existing TPA, LWP Claims Solutions, Inc. (LWP), expires on June 30, 2026. After the City’s approximately eight-year partnership with LWP, staff decided to evaluate our options with other service providers to ensure we are getting the best service for all employees. Additionally, staff has had some concerns with how claims have been handled and inconsistent service delivery overall. Given the duration and persistence of these issues, staff determined that a change in TPA services was necessary to ensure a higher level of service, improved claims outcomes, and a better experience for injured employees.

In preparation for the expiration of the current agreement, staff evaluated options for continued claims administration services, including available vendors with demonstrated expertise in public sector workers’ compensation programs. While competitive solicitations such as Requests for Proposals (RFPs) are encouraged when feasible, they are not required for professional services under the San Rafael Municipal Code. Specifically, San Rafael Municipal Code (SRMC) Section 2.55.020(d) defines professional services as those performed by individuals or firms possessing a high degree of technical skill or expertise. Additionally, SRMC Section 2.55.100(D) provides that competitive bidding is not required for the procurement of professional services, provided that the City selects a vendor based on demonstrated competence and professional qualifications necessary for satisfactory performance.

Consistent with this guidance, and in consultation with the City Attorney’s Office, staff determined that a formal RFP process was not required for the procurement of workers’ compensation claims administration services. Instead, staff conducted a qualifications-based evaluation of potential providers, focusing on experience with public agencies, service delivery model, staffing approach, technology capabilities, and cost structure. Additionally, staff consulted with department directors who have high levels of workers’ compensation claims to get their support and buy-in.

Through this evaluation process, Intercare Holdings Insurance Services, Inc. (“Intercare”) was identified as the most qualified provider. Intercare demonstrated extensive experience administering workers’ compensation programs for California public agencies, a strong claims management approach, and the ability to provide comprehensive services aligned with the City’s operational needs.

Intercare is owned by the same parent company, Avon Risk Company, as George Hills, who the City uses for our Liability Third-Party Administrator. This would allow the City to streamline Risk Management processes by having one account manager over both types of claims. This would allow for improvement in risk reporting and tracking of risk financing.

Based on this evaluation, staff recommends entering into a Professional Services Agreement with Intercare to provide workers’ compensation Third-Party Claims Administration services beginning July 1, 2026.

ANALYSIS:

Workers’ compensation claims administration is a highly technical function that requires expertise in California labor law, medical management, claims adjusting, and litigation coordination. TPAs provide dedicated professional staff, systems, and processes designed to efficiently manage claims and control costs.

Intercare’s proposed services include:
• Full claims administration and adjustment services
• Investigation and compensability determinations
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Medical management and utilization review
• Litigation management and coordination with defense counsel • Fraud detection and special investigations
• Claims reserving and financial management
• Regulatory reporting and compliance
• Data analytics and reporting tools
The proposed agreement includes a structured staffing model to maintain manageable caseloads and ensure timely handling of claims. Intercare will also provide a risk management information system (RMIS) for tracking claims, generating reports, and supporting actuarial and audit needs.

The initial three-year cost for claims administration services is:
• Year 1 (FY 2026-27): $264,571.84
• Year 2 (FY 2027-28): $273,831.85
• Year 3 (FY 2028-29): $283,415.97
Optional extension years include:
• Year 4: $293,335.53
• Year 5: $303,602.27
A one-time data conversion fee of $10,000 is required to transition existing claim files into Intercare’s system. This is a slight increase from the prior TPA, however, the services provided are more robust and we are predicting to offset this cost with a quicker return to work rate and less spent on medical expenses because claims will be closed out quicker.

In addition, managed care and ancillary services will be billed on a per-use basis and charged directly to claim files as allocated loss adjustment expenses (ALAE).

Transition to Intercare is expected to take approximately 60 days and will include data migration, system setup, and coordination with existing stakeholders to ensure continuity of claims handling.

Overall, transitioning to Intercare Holdings Insurance Services, Inc. for TPA services is expected to:
• Improve claims handling consistency and timeliness
• Reduce long-term claim costs through proactive management • Ensure compliance with evolving legal requirements
• Provide enhanced reporting and transparency
FISCAL IMPACT:

The total cost of the proposed agreement over the initial three-year term is approximately $821,820, with a total not-to-exceed amount of $1,418,757 if all option years are exercised, inclusive of the one-time data conversion fee.

Funding for workers’ compensation claims administration services is included in the City’s Workers’ Compensation Internal Service Fund. Managed care and ancillary costs will be allocated directly to individual claim expenses.

As an internal service fund, funding is provided through internal service charges assessed on a prorated basis to each of the City’s operating departments based on historical workers’ compensation claims.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Roughly 80% of the annual charges assessed through the Workers’ Compensation Internal Service Fund are borne by the City’s General Fund.

This approach provides predictable annual administrative costs while allowing flexibility based on actual claims activity.

OPTIONS:

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

1. Approve staff’s recommended action to enter into an agreement with Intercare for workers’ compensation claims administration services.

2. Adopt the resolution with modifications, such as adjusting contract terms or scope of services.

3. Direct staff to return with additional information or alternative options.

4. Take no action, and continue with the City’s current approach to administering workers’ compensation claims.

Staff recommends Option 1 as it provides the most efficient and cost-effective approach to managing the City’s workers’ compensation program.

RECOMMENDED ACTION:

Staff recommend that the City Council:

1. Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreement with Intercare Holdings Insurance Services, Inc. for workers’ compensation Third-Party Claims Administration (TPA) services for the period of July 1, 2026 through June 30, 2031, in an amount not-to-exceed $1,418,757 (including optional years and one-time costs); and

2. Authorize the City Manager to execute all necessary and incidental documents.

ATTACHMENTS:

1. Professional Services Agreement with Intercare Holdings Insurance Services, Inc.

2. Resolution
v. April 1, 2026 Page-1

CITY OF SAN RAFAEL

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

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

NOW, THEREFORE, the parties hereby agree as follows:

CONTRACT

1. WORK TO BE PERFORMED.

Except as otherwise may be expressly specified in this Contract, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by City at its sole risk and expense. Services to be provided to City are more fully described in Exhibit A entitled “SCOPE OF WORK.”. v. April 1, 2026 Page-2

2. COMPENSATION.

In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________. Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%).

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

3. TERM OF CONTRACT.

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

4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR.

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

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

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

The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been v. April 1, 2026 Page-3
apparent or detected at the time of such payment, inspection, review or approval.

5. PROJECT COORDINATION.

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

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

6. TERMINATION.

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

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

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

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

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

F. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Contract without the prior written consent of the other.
v. April 1, 2026 Page-4
G. Return of Documents. Upon termination, any and all City documents or materials provided to Contractor and any and all of Contractor's documents and materials prepared for or relating to the performance of its duties under this Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination.

7. INSURANCE REQUIREMENTS.

During the term of this Contract, and for any time period set forth in Exhibit B, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 8. INDEMNIFICATION.

A. Except as otherwise provided in subparagraph B of this section, Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of Contractor’s performance of its obligations or conduct of its operations under this Contract. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of or operations under this Contract, Contractor shall provide a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.

B. Where the work to be performed by Contractor under this Contract are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Contractor shall indemnify and hold harmless the City and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, v. April 1, 2026 Page-5
recklessness, or willful misconduct of Contractor, or any sub Contractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.

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

9. PREVAILING WAGE.

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

10. NOTICES.

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

To City’s Project Manager: ___________________________ ___________________________ San Rafael, CA 94901 Email: ______________________ To Contractor’s Project Director: ___________________________ ___________________________ ___________________________ Email: ______________________ v. April 1, 2026 Page-6

11. LIABILITY OF CITY.

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

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

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

12. MEDIATION.

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

13. GENERAL TERMS AND CONDITIONS.

This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference.
[Signatures are on the following page.]

v. April 1, 2026 Page-7
IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written.

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

Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST:

City Clerk _________________________________
________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________
Title: _____________________________

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: Provide the City with a full service Workers’ Compensation administration, to include Claims Administration Services, Administrative Services, and Medical Control Services.

2. Specific Tasks:

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

2.1 Task 1 – Claim Administration Services
a. Upon receipt of claim form from City, electronically file reports of injury to the appropriate jurisdiction, if not already filed by City. b. Review each Claim received from City and process such Claim in accordance with the City’s Insurance Program and in accordance with reasonable Workers’ Compensation administrative practices and accepted industry standards, and pursuant to any specific service instructions agreed upon with City.
c. Investigate each reported Claim to determine on behalf of City for each reported employee injury or illness those benefits, if any, that should be rendered under the Insurance Program. Any Claim believed to be fraudulent shall be referred to Intercare’s in-house special investigative unit for further investigation, and the unit shall, with the prior approval of City determine whether such Claim is required to be submitted to the applicable District Attorney’s Office or United States Attorney. d. Make compensability determination and issue appropriate determination notices.
e. Arrange for and retain independent investigators or medical or other experts, to the extent deemed necessary or desirable by Intercare, in connection with processing any Claim.
f. Maintain an estimate of the total costs of all reasonable and foreseeable benefits payable and related expenses on each Qualified Claim based upon the facts and circumstances known at the time and update the same on a regular and periodic basis.
g. Make prompt payment of all benefits including medical and death benefits, temporary and permanent disability compensation and other losses and expenses on Qualified Claims (a) if, in the judgment of Intercare, such payment would be prudent for City and (b) pursuant to the terms of this Agreement or as may be approved by City in its sole and absolute discretion.
h. Perform reasonable and necessary administrative and clerical work in connection with Claims including the preparation of checks drawn on the account or accounts established by, or at the direction of City. i. Assist in connection with City’s selection of defense counsel to defend Qualified Claims or losses, if requested by City.
j. Assist City’s selected defense counsel in preparing the defense of litigated Claims, negotiating settlements, and pursuing subrogation or contribution actions.
k. Oversee the treatment programs recommended for Claimants by physicians, medical specialists, and other health care providers by reviewing all reports prepared by such providers and maintaining such contact with such providers as may be appropriate in the judgment of Intercare; and (b) manage the medical treatment in accordance with Insurance Program.
l. Prepare and file on behalf of City all forms related to the processing of Claims that are required by the Insurance Program or government agencies except for MMSEA filings which shall remain the responsibility of the City. City may designate Intercare as an RRE Agent to file on behalf of City, the monthly eligibility query and Quarterly Reporting with the Center for Medicare and Medicaid Services.
m. Provide initial claims forms packets as deemed appropriate by Intercare for efficient administration of Claims in compliance with the Insurance Program.
n. Comply with City’s service instruction guidelines for the administration of the Services as such Services are set forth in this Agreement. o. Establish and maintain an electronic record file for each Claim. p. Maintain an average Caseload of 150 cases or less per Indemnity Adjuster. The average Indemnity caseload shall not exceed 150 cases in any given quarter. If the frequency of new claims increases to a level that warrants the addition of staff to maintain the caseload requirements, Intercare and City shall agree to evaluate the caseload for a period of at least three consecutive months before adjusting the number of staff accordingly. Caseload shall be defined by the number of indemnity and future medical cases open on the last day of each calendar month. In calculating the average caseload, Medical Only and/or Future Medical claims shall be weighted as 50% of an Indemnity claim.

2.2 Task 2 – Administrative Services
a. Consult with key personnel of City on the establishment and coordination of necessary procedures and practices to meet any needs of City with respect to the administration and processing of Claims. b. Participate in the orientation of City’s personnel who are directly or indirectly involved in the processing of Claims.
c. Provide information on changes or proposed changes in legislation, rules or regulations affecting the responsibility of City with respect to Claims.
d. Review the development of the Insurance Program periodically with representatives of City to identify problems and recommend corrective action.
e. Provide training sessions annually to the City including Basic Workers’ Compensation Guidelines and Fraud Detection.
f. Meet periodically with City at mutually agreeable times to review active claims on a quarterly basis to discuss claim management strategies. g. Provide City with standard loss reports, including, but not limited to, monthly loss run and payment registers, and statistical reports; if additional reports, special reports, conversion or special programming or information is needed, the cost payable by City for such additional items will be limited to costs actually incurred by Intercare to prepare such items; City may specify from the list of available reports which reports will be sent to them on a regular basis.
h. If 1099 forms are required to be issued in accordance with the benefit delivery system, arrange for issuance of 1099s at no additional cost to City.
i. Deliver a standard annual stewardship report outlining program trends and outcomes.

2.3 Task 3 – Medical Control Services
a. Assist City, where permitted, in the selection of (a) a medical provider network and panel of physicians or other health care providers to initially treat Claimants and (b) a medical provider network and panel of medical specialists to provide long-term or specialty care.
b. Where appropriate, assist City with the interpretation of medical reports to consider the circumstances under which an ill or injured Claimant, who desires to do so, could return to work in the shortest period. c. Endeavor to utilize managed care services including Bill Review, Utilization Review and Case management as a form of cost containment when warranted using Intercare’s Managed Care Division, InterMed Cost Containment Services.

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 box below:

A not to exceed amount of $1,418,757 over the term of the contract for work performed ased on the following rates:

City of San Rafael
I. 1
Initial Term: Rates
7/1/2026-6/30/2027 $264,571.84
7/1/2027-6/30/2028 $273,831.85
7/1/2028-6/30/2029 $283,415.97
Option Years: Rates
7/1/2029-6/30/2030 $293,335.53
7/1/2030-6/30/2031 $303,602.27
II.
) $ 10,000.00 one-time fee
- – unlimited users No charge
$25.00
$750.00 – No charge. Each
additional license is
$1,500.00 per user per
year
– View Only No charge – o $150.00 per filing
o $500.00 per case
o – $300.00 per case
o $425.00 per case
III.

The proposed fees for managed care services are provided on a “per unit rate” and will be applied as incurred to the City’s actual usage or volumes. Fees for managed care services and ALAE.
2 Rates
Per Bill Fee $10.00 per bill
PPO Access Fee 25% of PPO Savings
Secondary Review Specialty Bill Review (out of network
bills, bills not subject to OMFS and complex bills over $5,000).
15% of savings cap at $5,000
per bill3
Hospital Bills (In/Out Patient or ambulatory surgical
bills)
$400.00 per bill
Level 1 – Pre-Clinical $25.00 per RFA
Level 2 – UR Nurse $145.00 per review
Level 3 – Medical Director $300.00 per review
Specialty Peer Review $350.00 per review
4 Telephonic Case Management $105.00 per hour
Field Case Management $125.00 per hour
Triage Services $100.00 per call
Telehealth Services Subject to OMFS
1 - 1 user license to access Claim System with read and write capability plus unlimited view only access to Injured Worker App
RMIS reports using standard bordereaux of reports, statutory reports including 1099, SIP annual report, WCIS reports, MMSEA Quarterly reports, OSHA Logs.

Adhoc and custom reports available at $150.00 per hour.

Quarterly claim review (2 onsite and 2 virtually)
InterAct Roundtable of Complex Cases
o Claims Supervisor .50
o Claims Adjuster 1.00
o Claims Assistant .20
incurred medical costs exceed $3,500. That is denied but otherwise would ha . -only claim.
that require no payment or activity other than
These expenses will be billed to -
- 3prospectively or retrospectively. 4
-minute increments
.
v. Feb 2025 Exhibit B-1

EXHIBIT B

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

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

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

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

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

4. . If it employs any person, Contractor shall
dollars ($1,000,000) per accident for bodily injury or disease. Contractor compensation insurance shall be specifically endorsed to waive any right of subrogation against City. B. Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph A of this section above shall also meet the following requirements:

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

2. The additional insured coverage under Contractor s insurance v. Feb 2025 Exhibit B-2
any insurance or coverage
maintained by City and shall not call upon City's insurance or self-insurance coverage for policies shall
be at least as broad as ISO form CG20 01 04 13.

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

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

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

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

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

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

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

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

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

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

C. Any deductibles or self-insured retentions in
Contractor's insurance policies must be declared to and approved by the City and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or selfinsured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Contract. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City. Failure to comply with these requirements shall be considered a material breach of contract.
v. Feb 2025 Exhibit C-1

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. COMPLIANCE WITH ALL LAWS.

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

2. PROVISIONS DEEMED INSERTED.

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

3. SEVERABILITY.

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

4. OWNERSHIP OF DOCUMENTS.

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

5. INSPECTION AND AUDIT.

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

6. ASSIGNABILITY.

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

7. WORKERS' COMPENSATION.

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

8. NONDISCRIMINATION.

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

9. NO THIRD PARTY BENEFICIARIES.

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

10. INDEPENDENT CONTRACTOR.

For the purposes, and for the duration, of this Contract, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 11. ENTIRE CONTRACT -- AMENDMENTS.

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

B. This written Contract shall supersede any and all prior contracts, oral or written, regarding the subject matter between the Contractor and the City. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Contract, shall be valid or binding, except by way of a written amendment to this Contract.

D. The terms and conditions of this Contract shall not be altered or modified v. Feb 2025 Exhibit C-3
except by a written amendment to this Contract signed by the Contractor and the City. E. If any conflicts arise between the terms and conditions of this Contract, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Contract shall control.

12. SET-OFF AGAINST DEBTS.

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

13. WAIVERS.

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

14. CITY BUSINESS LICENSE / OTHER TAXES.

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

15. SURVIVAL OF TERMS.

Any terms of this Contract that by their nature extend beyond the term (or termination) of this Contract
successors and assigns.

16. GOVERNING LAW.

This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract. v. Feb 2025 Exhibit C-4

17. CONFLICT OF INTEREST.

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

18. AUTHORIZATION.

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

19. COUNTERPARTS AND ELECTRONIC SIGNATURE.

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

Updated April 1, 2026

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

All following documents are attached as reference material.

RESPONSIBLE PARTY DESCRIPTION COMPLETED
Project Manager
Email PINS insurance request to Contractor
Confirm legal business name, entity type and authorization to do business in California on California Secretary of State Business search site
Project Manager
For Public Works and Vegetation Management Contracts:

Confirm contractor license is current and valid on California State License Board website
not applicable
City Attorney’s Office Review, revise as needed, and approve agreement as to form
Department Director
Review and approve agreement
AB 339 not applicable or Complied with AB 339
Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:

Contracting Department: Project Manager: Contractor Name:

Contractor’s Contact: Contact’s Email:

City Council Date: ___________________ or Not applicable FPPC: Check if Contractor must file Form 700
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING

AAUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTERCARE HOLDINGS INSURANCE SERVICES, INC. FOR WORKERS’ COMPENSATION THIRD-PARTY CLAIMS ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $1,418,757 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL NECESSARY AND INCIDENTAL DOCUMENTS
WHEREAS, the City of San Rafael is self-insured for workers’ compensation and is responsible for the administration and management of claims arising from employee workrelated injuries and illnesses; and WHEREAS, workers’ compensation claims administration requires specialized expertise in claims adjusting, medical management, regulatory compliance, and litigation coordination; and
WHEREAS, the City has evaluated options for the administration of its workers’ compensation program and determined that utilizing a qualified Third-Party Administrator (TPA) will improve efficiency, enhance claims outcomes, and ensure compliance with applicable laws and regulations; and
WHEREAS, Intercare Holdings Insurance Services, Inc. (“Intercare”) has demonstrated the qualifications, experience, and capacity to provide comprehensive workers’ compensation claims administration services; and
WHEREAS, Intercare’s services will include claims investigation and adjustment, benefit administration, medical management, litigation coordination, fraud detection, regulatory reporting, and data management; and
WHEREAS, the proposed agreement provides for an initial three-year term beginning July 1, 2026 through June 30, 2029, with two additional one-year extension options, for a total potential term of five (5) years; and
WHEREAS, the total compensation under the agreement shall not exceed $1,418,757 over the full five-year term, including a one-time data conversion fee, with funding available in the Workers’ Compensation Internal Service Fund; and
WHEREAS, the City Council has determined that approval of this agreement is in the best interest of the City to ensure effective and efficient management of its workers’ compensation program.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, that foregoing recitals are true and correct and the City Manager is authorized to execute the Professional Services Agreement with Intercare Holdings Insurance Services, Inc. for workers’ compensation Third-Party claims Administration services in an amount not to exceed $1,418,757 over the five year term.

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 held on Monday, the 4th day of May, 2026, by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.g
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library and Recreation
Prepared by: Craig Veramay
Assistant Library and Recreation Director
City Manager Approval: ______________
TOPIC: MANAGEMENT OF FREITAS PARK TENNIS COURTS
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED

AND RESTATED JOINT POWERS AGREEMENT WITH MILLER CREEK SCHOOL

DISTRICT FOR THE JOINT USE OF SCHOOL FACILITIES FOR COMMUNITY

RECREATION PURPOSES
RECOMMENDATION:

That the City Council adopt a resolution authorizing the City Manager to enter into an amended and restated Joint Powers Agreement with Miller Creek School District for the joint use of school facilities for community recreation purposes.

BACKGROUND:

The City of San Rafael operates a tennis court facility on the Vallecito Elementary School campus field.

The courts are on property owned by the Miller Creek School District (MCSD). In 1973, the City and MCSD entered into a Joint Powers Agreement (JPA) authorizing the City to maintain and operate the tennis courts for public use (Attachment 1). Since then, the City has managed the courts, which are located across the street from Freitas Park and commonly known as the Freitas Park Tennis Courts.

ANALYSIS:

The National Park and Recreation Administration recommends that typical agencies with populations of 50,000 to 60,000 maintain a benchmark of at least one tennis court per 6,413 residents. Currently, San Rafael has three operational tennis court facilities with eight (8) playable courts. • Albert Park (4 courts)
• Peacock Gap (2 courts)
• Freitas Park (2 courts)
As the only functional tennis courts in North San Rafael, the Freitas Park courts are an important facility for the City to maintain amenity levels within recommended benchmark ranges. For that reason, the Freitas Park tennis courts were identified in the City’s Park and Recreation Master Plan as a near term SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
priority for resurfacing, accessible pathway improvements, and other associated repairs, since the courts are approaching the end of their useful life.

In Fiscal Year 2025-26, the City appropriated Measure A funding as part of the annual Measure A workplan to this project. As part of the preparation for this work, the City met with MCSD personnel to review our current agreement, ensure all parties understood and agreed to the scope of work, and evaluate opportunities for collaboration and efficiency. In those conversations, MCSD and City staff agreed there were several terms in the 1973 agreement that would be helpful to clarify, including establishing a defined agreement term, clarifying maintenance access, and clarifying the active use area.

Additionally, MCSD identified an opportunity for the City to coordinate desired accessible pathway improvements with an MCSD planned and funded pathway improvement project leading to the Mark Day School, just north of the active use area.

The revised and restated JPA (Attachment 2) maintains the core terms of the existing JPA, while updating it to reflect more modern agreement language and incorporating mutually agreed upon terms.

If approved, the City will begin designing the new Freitas Park Tennis Courts in Summer 2026. The design will incorporate resurfacing the courts, installation of a new drinking fountain, and accessible pathway improvements connecting to the Mark Day School. The design team will evaluate existing lighting and control systems and fencing and gate entrance improvements. Unrelated to this JPA amendment, this design process will also include resurfacing and underlayment repairs at the Peacock Gap Park tennis courts, which are also approaching end of useful life.

COMMUNITY OUTREACH: (if applicable)
City staff have met with representatives from Miller Creek School District and mutually agree to the proposed terms. MCSD is scheduled to bring this proposed JPA to their Board on May 12.

City Council previously approved inclusion of the Freitas Park Tennis Court Resurfacing project as part of the measure A Workplan in the FY2025-26 budget.

FISCAL IMPACT:

There is no direct fiscal impact associated with authorizing the amendment of this agreement. Managing and operating the Freitas Park Tennis Courts requires annual maintenance, utility, and operational expenses, which are included in annual operating budgets. The proposed resurfacing and improvements to the Freitas Park tennis courts is estimated to cost approximately $250,000. These funds were appropriated as part of the Fiscal Year 2025-26 Measure A Workplan and included in the City’s Capital Improvement Program. Since work hasn’t begun, the funds will be requested for reappropriation in Fiscal Year 2026-27 through the Measure A Workplan and Capital Improvement Program, which will be brought to City Council at a later date for review and approval.

OPTIONS:

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

1. Authorize the City Manager to enter into an amended and restated JPA

2. Authorize the agreement with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
That the City Council adopt a resolution authorizing the City Manager to enter into an amended and restated Joint Powers Agreement with Miller Creek School District for the management and operation of the Freitas park Tennis Courts. .

ATTACHMENTS:

1. Existing Joint Powers Agreement between the City of San Rafael and Miller Creek School District (formerly Dixie School District) for management of the Freitas Park Tennis Courts

2. Resolution

3. Amended and Restated Joint Powers Agreement for management of the Freitas Park Tennis Courts.

RESOLUTION NO. 4434

A RESOLUTION AUTHORIZING THE SIGNING

OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HERESY RESOLVES as follows:

The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with Dixie School District - Joint Powers Agreement
a copy of which is hereby attached and by this reference made a part hereof.

I, MARION A. GRADY, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting --------- of the Council of said City held on Monday the 5th --------- day of ____ M_a_r_c_h _ ____ , 19~, by the follO\.ving vote, towi th:

AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
MARION A. GRADY City Clerk
RENEE
-~
BURDiSSO - ucpury
~~~~- C.iry Clerk
OH!GiNAl
J . I -

JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this _f" ·L
1973, by and between DIXIE SCHOOL DISTRICT, of Marin County, hereinafter n,fcrred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY",
WITNESSETH:

WHEREAS, Chapter 5, Division 7, Title 1 of the California Government Code provides for joint powers agreements between public bodies; and WHEREAS, it is in the mutual interests of the parties hereto to construct certain improvements on the Don Timoteo and Vallecito School sites for community recreation and park purposes and for the use by District, said Don Timoteo and Vallecito School sites shall hereinafter be referred to as "SCHOOL SITE"; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows:

CITY agrees to:

1. Expend a sum not to exceed $26,000.00, for developments and improvements on the School Site. These improvements shall include the following:

11. l'rwtr.1llation oF two H .'(/Ul.1L.ion l:on11iu co11rtu un Val.J.vc:ito School property.

B. Installation of pedestrian walkway which will provide access from the corner of Nova Albion Way and Montecillo Road to the two said tennis courts.

2. Be responsible for and shall undertake responsibility for the daily care and maintenance of said School Site encompassed within these improvements, upon completion of the improvements.

DISTRICT agrees to:

1. Grant to the Parks and Recreation Department of said City access to the described facilities and complete control, supervision and maintenance of the tennis court facilities, enabling said facilities to be open to the general public. A schedule shall be prepared wherein and whereby said facilities shall be available to District; however, such schedule shall be determined by the Parks and Recreation Department of the City of San Rafael. The exact location of said improvements is set forth on Exhibit "A", attached hereto.

IT IS FURTHER AGREED:

1. That the Parks and Recreation Department of said City, hereby holds the District, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the City under the provisions of this Agreement.

City further agrees to be responsible for all damages to District property caused as the proximate result of any construction undertaken or done pursuant to the provisions of this Agreement.

2. That the District hereby holds the City, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to proporty or injury or death of persons received or suffered by reason of any actions of the District under the provisions of this Agreement.

3. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon one (1) year's notice.

4. In case of cancellation by the District, District shall reimburse City for the fair market value of the improvements.

5. In case of cancellation of this Agreement by the City, or abandonment by the City of the facilities described herein, the District reserves the right, at District option, (a) to control and supervise these facilities or (b) to have said facilities removed from School Site, with the City paying for removal.

IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement the day and year first above written.

ATTEST:

CITY OF SAN RAFfiEL
/ -
/:.: . By ~;/ -~lt( ( f
Mayor
MARION A. GRADY, City
- 2-

I - , I
' •. '
I .
. · : : . . '' .• ; . ,, !••
' '
.... ,' . : \
• ' I • • •. 'I
I • 'r • • ., t 1 11
0 't• lt ,_. ,., ' ,. ' . . ~.-~' \ ·: . : ; '
' .,•, ' '
: '
,. .. • ..
·s
0 z
-f
fTI
()
--
r
r
0 •
l
I
I
I
' , ' I
•
f · ,.
·(\J
-,- - In it'.:l I\ n e + po~ i
CO a:c:. per a''-'t<1.,l.
r--... o'
N\
;~
$tr,·p e. c.ou,
er _ dia9rar
t ' .l I • '"
per , yp1ca1 Ci"2b$ i:...zcr ,on,·
I nsta.11 't ~"c.in9 and '] cite~ a~
per detriil I 9enerl\\ notQ.::.,
•
...

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN

AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN

RAFAEL AND THE MILLER CREEK SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL

FACILITIES FOR COMMUNITY RECREATION PURPOSES
WHEREAS, the Community Recreation Act (California Education Code Sections 10900 through 10914.5) authorizes school districts and cities to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community; and
WHEREAS, the Miller Creek School District (“District”) owns certain real property and facilities within the City of San Rafael that are suitable for community recreational use; and WHEREAS, the City of San Rafael (“City”) and the District recognize that shared use of publicly owned facilities promotes efficient use of public resources and expands recreational opportunities for the community; and
WHEREAS, California Education Code Section 10905 authorizes public agencies to enter into joint use agreements for these purposes; and WHEREAS, the City and District previously entered into a Joint Powers Agreement dated March 5, 1973 (“1973 JPA”) concerning improvements and use of certain school sites; and
WHEREAS, the City and District now desire to terminate and replace the 1973 JPA with an Amended and Restated Joint Powers Agreement (“Agreement”) to reflect current conditions and operational practices; and
WHEREAS, the Agreement provides for City use, maintenance, and operation of designated “Active Use Areas” at District sites, including athletic courts and related facilities, for community recreational purposes; and
WHEREAS, the Agreement establishes a fifteen (15) year initial term with automatic annual renewals, unless terminated with 90 days’ written notice; and WHEREAS, the Agreement clarifies responsibilities for maintenance, operational costs, improvements, liability, and indemnification between the parties; and WHEREAS, the City Council finds that approval of the Agreement is in the public interest and will enhance recreational opportunities for residents of San Rafael.

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

1. Approval of Agreement. The City Council hereby approves the Amended and Restated Joint Powers Agreement between the City of San Rafael and the Miller Creek School District, in substantially the form presented to the City Council.

2. Authorization to Execute. The City Manager is hereby authorized to execute the Agreement, with minor non-substantive modifications, so long as the modifications are approved as to form by the City Attorney.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 4th day of May, 2026, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
__________________________
LINDSAY LARA, City Clerk
1 AMENDED AND RESTATED JOINT POWERS AGREEMENT
This Agreement, made and entered into this _____ day of ________, 2026, (“Effective Date”) by and between the Miller Creek School District, of Marin County, hereinafter referred to as “District”, and the City of San Rafael, a charter city, hereinafter referred to as “City”.

RECITALS
WHEREAS, the Community Recreation Act (California Education Code sections 10900 through 10914.5) authorizes school districts and cities to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community; and
WHEREAS, the California Civic Center Law (California Education Code sections 38130-38138) establishes a civic center at every school for use by citizens for a variety of purposes, including recreation; and
WHEREAS, the District is the owner of real property in the City, including facilities and active use areas that are capable of being used by the City for community recreational purposes; and
WHEREAS, under appropriate circumstances, these publicly held lands and facilities should be used most efficiently to maximize use and increase recreational opportunities for the community; and
WHEREAS, California Education Code section 10905 authorizes the governing bodies to enter into agreements with each other to promote the health and general welfare of the community and to enhance the recreational opportunities afforded to the community; and WHEREAS, the parties previously entered into a Joint Powers Agreement dated March 5, 1973 (“1973 JPA”) for the City to construct certain improvements to the Don Timoteo and Vallecito School sites; and
WHEREAS, the parties desire to amend and restate the 1973 JPA; and Now, therefore, in consideration of the mutual promises and covenants hereinafter contained, the City and District agree as follows:

1. Status of 1973 JPA. The 1973 JPA is hereby terminated and replaced with this Agreement.

2. Term. This Agreement will begin on the Effective Date and will continue for a period of fifteen (15) years and then shall be automatically renewed on an annual basis unless sooner terminated as provided for hereinafter in Section 13.

3. Facilities covered. The term “Active Use Areas” will be used for purposes of this Agreement to mean the designated athletic courts and walkway at the Mark Day School and Vallecito School site as identified on Attachment A to this Agreement. 2 4. Permitted Uses of Active Use Areas. The City and third parties authorized by the City will be entitled to access to and use of the Active Use Areas for community recreational purposes for the benefit of the public. The City shall have complete control, supervision and maintenance of the athletic courts within the Active Use Areas.

5. Compliance With Law
All use of District property shall be in accordance with state and local law. In the case of a conflict between the terms of this Agreement and the requirements of state law, the state law shall govern. Any actions taken by the District or the City that are required by state law, but are inconsistent with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement.

6. Operational Costs
a. Each party shall bear the cost of any wages and benefits and overtime incurred by their employees in carrying out this Agreement.

7. Fees and Charges. The District shall not charge the City any fees for its use of the Active Use Areas.

8. Improvements
a. The City shall obtain prior written consent of the District to make any alterations, additions, or improvements to District Active Use Areas. b. Any such alterations, additions, or improvements will be at the expense of the City, unless otherwise agreed upon.
c. The District may, for good cause, require the demolition or removal of any alterations, additions, or improvements made by the City at the expiration or termination of this Agreement. “Good cause” includes reasons of health, safety, or the District’s need for the District property for educational purposes.

9. Supplies. The City shall furnish and supply all expendable materials necessary to carry out its programs while using the Active Use Areas.

10. Maintenance. The City agrees to maintain the Active Use Areas. The District agrees to allow the City to access the Active Use Areas during the term of the agreement for maintenance purposes.

11. Restitution and Repair. Subject to the City' s limitations of budget and other resources, the City shall be responsible for repairing, remediating, or funding the replacement or remediation of any and all damage or vandalism to the Active Use Areas. 3 12. Liability and Indemnification
a. The City shall defend, indemnify, and hold the District, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents, or employees.
b. The District shall defend, indemnify, and hold the City, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents or employees.

13. Termination. This Agreement may be terminated at any time prior to its expiration, with or without cause upon 90 days written notice.

14. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior negotiations, representations, agreements, and understandings.

15. Amendments. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

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

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.
4 CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:

City Clerk
_________________________________
________________________________,
_________________________________
MILLER CREEK SCHOOL DISTRCIT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Exhibit A: Approximate Active Use Areas
5 ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.h
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Mariana Sanchez, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: LINCOLN AVENUE FROM SECOND STREET TO PALOMA AVENUE SAFETY

IMPROVEMENTS PROJECT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. TO PROVIDE

DESIGN AND ENVIRONMENTAL SERVICES FOR THE LINCOLN AVENUE FROM

SECOND STREET TO PALOMA AVENUE SAFETY IMPROVEMENTS PROJECT IN THE AMOUNT NOT TO EXCEED $792,720 AND AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $567,720 FROM THE CITY GAS TAX FUND (206)
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Parametrix, Inc. to provide design and environmental services for the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project (the “Project”) in the amount not to exceed $792,720 and authorizing a supplemental budget appropriation in the amount of $567,720 from the City Gas Tax Fund (206).

BACKGROUND:

The Project is located along San Rafael’s Lincoln Avenue Corridor, extending from Second Street to Paloma Avenue. As part of the 2024 Marin County Local Roadway Safety Plan (LRSP), a High Collision Network (HCN) was developed using collision data from 2017 to 2021 to identify roadway segments and intersections with elevated crash rates. The proposed Project includes multiple segments identified in the HCN, including the City’s highest-collision intersection at Lincoln Avenue and Mission Avenue, as well as other high-collision intersections along the corridor.

To improve safety, the Project will implement new striping and updated signal phasing to provide protected left-turn movements at signalized intersections. Additional enhancements include traffic signal upgrades, improved intersection lighting, rectangular rapid flashing beacons, and pedestrian crossing improvements, including curb ramp upgrades.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
On February 2, 2026, the City Council adopted a resolution approving and authorizing the City Manager to execute a Program Supplement Agreement with the Department of Transportation (Caltrans) for $180,000 in Highway Safety Improvement Program (HSIP) Federal funds, Cycle 12, for the Preliminary Engineering (PE) phase of this Project.

ANALYSIS:

The City released a Request for Proposals (RFP) for this Project on January 12, 2026, and received four proposals from qualified firms. After reviewing the proposals, all firms were invited to participate in a video conference interview hosted by the selection committee on February 24 and 25, 2026. Selection of the qualified firm was based on criteria specified in the RFP, including, but not limited to, completeness of the proposal, understanding of the project scope of work, ability to meet deadlines and operate within budget, relevant experience and success in similar projects, experience and quality of project team, and familiarity with federal procedures.

The selection committee found Parametrix, Inc. and its sub-consultants to be the most qualified consultant team for this Project.

Approval of the amendment to the PSA is consistent with the City Council’s Three-Year Strategic Plan, specifically Goal B.1, which is to develop and maintain an integrated multi-modal transportation network that serves users effectively and safely, and Goal B.2, which focuses on enhancing the City’s traffic safety policies and traffic management systems.

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

FISCAL IMPACT:

The recommendations in this staff report will authorize the PSA with Parametrix, Inc., in an amount not to exceed $792,720 to complete the full design and environmental studies of the Project, including the preliminary engineering (PE), environmental (ENV), and right-of-way (ROW) phases.

During the course of negotiations with Parametrix for the PSA, City staff identified additional design needs for the Project related to utility relocations, additional curb ramp designs, additional survey requirements for right-of-way access, and additional required traffic signal upgrades.

Due to the expanded design scope, a supplemental appropriation of $567,720 from Gas Tax - Fund 206 (Road Maintenance and Rehabilitation Account, RMRA) is requested to cover the remaining costs to complete the Project's PE, ENVE, and ROW phases. There is sufficient unutilized funds within Fund 206 from RMRA to supplement this appropriation request.

The Fiscal Year 2025-26 Budget (Gas Tax – Fund 206), approved by City Council on June 2, 2025, included appropriations totaling $225,000 for the Project’s PE, ENV, and ROW phases.

Additional funds for the CON phase will be appropriated in future fiscal years, following completion of the PE, ENV, and ROW phases and upon receipt of construction obligation authorization from Caltrans.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
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 Professional Services Agreement with Parametrix, Inc. to provide design and environmental services for the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project (the “Project”) in the amount not to exceed $792,720 and authorizing a supplemental budget appropriation in the amount of $567,720 from the City Gas Tax Fund (206).

ATTACHMENTS:

1. Resolution

2. Draft Professional Services Agreement with Parametrix, Inc.

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. TO PROVIDE DESIGN AND

ENVIRONMENTAL SERVICES FOR THE LINCOLN AVENUE FROM SECOND STREET TO

PALOMA AVENUE SAFETY IMPROVEMENTS PROJECT IN THE AMOUNT NOT TO EXCEED $792,720 AND AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $567,720 FROM THE CITY GAS TAX FUND (206)
WHEREAS, the City of San Rafael (“City”) advertised and solicited a Request for Proposals (RFP) in accordance with the City’s Municipal code released on January 12, 2026, for the project entitled:
“Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project”
City Project No. C44F26T002
the Department of Public Works received two proposals; and WHEREAS, staff reviewed the proposals and identified Parametrix, Inc. to be the most qualified firm; and
WHEREAS, the cost proposal from Parametrix, Inc. was found to be complete and within industry standards; and
WHEREAS, the project has received funding through the Highway Safety Improvement Program (HSIP) to perform an environmental assessment, complete design, and complete construction for the project; and
WHEREAS, funding in the amount of $225,000 to support the recommended Agreement is provided within the Fiscal Year (FY) 2025-26 budget appropriations (the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project – Gas Tax Fund 206); and WHEREAS, supplemental budget appropriations are requested to support the remaining costs associated with completing the design of the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project, to be funded through the available balance within the Road Maintenance and Rehabilitation Account (Gas Tax - Fund 206).

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

1. The City Manager is hereby authorized to execute a Professional Services Agreement with Parametrix, Inc. to provide design and environmental services for the Lincoln Avenue from Second Street to Paloma Avenue Safety Improvements Project in the amount not to exceed $792,720, in a form approved by the City Attorney and authorizing supplemental budget appropriations from the Road Maintenance and Rehabilitation Account.

2. The Director of Public Works or designee 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 the City of San Rafael, held on Monday, the 4th day of May 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
SMALL BUSINESS WEEK 2026
May 3-9, 2026
WHEREAS, the City of San Rafael celebrates our thousands of local small businesses as they are essential contributors to the economic health of San Rafael; and WHEREAS, according to the California Office of the Small Business Advocate, there are 4.3 million small businesses in California and these generate 99% of net new jobs, 47% of private sector jobs, and make up 42% of annual California exports; and WHEREAS, the U.S. Small Business Administration, which acknowledges the critical contributions of America’s entrepreneurs and small business owners, has celebrated National Small Business Week (NSBW) for over 60 years to recognize their hard work, ingenuity, dedication, and contributions to the economy; and
WHEREAS, local organizations including the San Rafael Chamber of Commerce, San Rafael Downtown Business Improvement District, and the Hispanic Chamber of Commerce of Marin play a vital role in supporting small businesses through advocacy, networking, economic development initiatives, and culturally responsive outreach; and
WHEREAS, local and regional partners such as the Marin Small Business Development Center provide critical support, including advising, access to capital, and technical assistance to help small businesses start, grow, and succeed; and WHEREAS, San Rafael is home to over 5,800 businesses with fewer than 100 employees, which cumulatively provide over 26,000 jobs; and
WHEREAS, celebrating small businesses encourages residents to “shop local” and support the entrepreneurs who contribute to a vibrant and thriving local economy; and WHEREAS, shopping at small businesses in San Rafael helps enhance local character, stimulate entrepreneurship, increase community well-being, and create local jobs.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael do hereby recognize and proclaim the City of San Rafael’s support of National Small Business Week (May 3-9, 2026), urge the residents of our community to support San Rafael’s small businesses, and express sincere appreciation for the contributions of local small businesses within the City of San Rafael.
_______________
Kate Colin
Mayor
Resolution of the
San Rafael City Council
in Recognition of
NATIONAL POLICE WEEK 2026
WHEREAS, the Congress and President of the United States have designated May 15, 2026, as Peace Officers' Memorial Day, and May 10th to 16th, 2026, as National Police Week; and
WHEREAS, the members of the San Rafael Police Department play an essential role in safeguarding the rights and freedoms of all those residing in or visiting San Rafael; and
WHEREAS, it is important that all residents know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and
WHEREAS, the men and women of the San Rafael Police Department unceasingly provide a vital public service.

NOW THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael call upon all patriotic, civic, and educational organizations to observe the week of May 10th to the 16th, 2026, as National Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all residents.

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

Kate Colin, Mayor
City of San Rafael
Proclamation in Recognition of

JEWISH AMERICAN HERITAGE MONTH
May 1 - 31, 2026
WHEREAS, May is recognized as Jewish American Heritage Month to honor the Jewish American experience -- a story of faith, fortitude, and progress connected to key tenets of American identity, including the right of freedom of religion for all; and
WHEREAS, throughout American history, generations of Jewish immigrants fleeing persecution have sought the promise of freedom and opportunity to start life anew in America; and
WHEREAS, the Jewish American community is diverse, with individuals connecting to their Jewish identity through various means, including culture, ethnicity, religion, and shared values, each bringing unique perspectives shaped by their histories and backgrounds; and
WHEREAS, there are an estimated 7.5 million Jewish Americans, with California being home to the second largest Jewish American population in the United States, with thriving communities throughout the state; and
WHEREAS, Jewish Americans have made enduring contributions across various fields, including science, arts, law, business, and public service, enriching the nation's development and diversity; and
WHEREAS, as we celebrate these accomplishments, we also recognize that members of the Jewish American communities continue to face antisemitism and discrimination; the City of San Rafael unequivocally condemns such acts and urges all community members to embrace, learn from, and collaborate with Jewish residents, celebrating both our differences and shared values, and supports the need for education and culturally competent policies that acknowledge and address the experiences and challenges faced by Jewish Americans in all facets of society; and
THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim May 1-31, 2026, as Jewish American Heritage Month, in recognition and appreciation of the achievements and contributions made by members of the Jewish community and calls upon all residents to confront antisemitism and all forms of hate, support local education about the diversity within the Jewish community, and celebrate Jewish Americans who have woven the fabric of our country and community.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of

PUBLIC SERVICE RECOGNITION WEEK
May 3 - 9, 2026
WHEREAS, the week of May 3 through May 9, 2026, has been designated as Public Service Recognition Week to honor employees of federal, state, and local governments, and members of the uniformed services who are entrusted with missions fundamental to the United States and deliver services upon which Americans depend; and
WHEREAS, Public Service Recognition Week provides an opportunity to recognize and promote the important contributions of public servants and to honor those who serve their country, states, and communities at all levels of government; and WHEREAS, many public servants take an oath to support and defend the Constitution of the United States and to faithfully discharge the duties of their office, reflecting the foundational trust between public servants and the communities they serve; and
WHEREAS, millions of individuals serve the public in government service and in the uniformed services in every state, county, and city across the nation; and WHEREAS, public servants make substantial contributions to the American economy by managing public lands, infrastructure, financial systems, research institutions, and regulatory frameworks that support economic growth, protect consumers, and foster innovation; and
WHEREAS, public servants play a critical role in protecting the safety and security of the public, often working at great personal risk to prevent harm, respond to emergencies, and safeguard the well-being of their communities; and WHEREAS, public service is a noble calling encompassing a wide range of professions, and highly skilled individuals dedicate their knowledge, effort, and expertise in service to the public good.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby commends the dedication, professionalism, and commitment of public servants who deliver essential services to the community; recognizes the indispensable role public servants play in strengthening the economy, protecting public safety, safeguarding individual rights, and supporting effective and responsive government; honors the contributions of all public servants during Public Service Recognition Week, May 3 through May 9, 2026, and throughout the year; and encourages all residents of San Rafael to observe this week with appropriate programs, ceremonies, and activities that recognize and celebrate the service of those who work on behalf of the public.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
CELEBRATE OLDER AMERICANS MONTH 2026
WHEREAS, May is Older Americans Month, a time for us to recognize and honor San Rafael older adults and their immense influence on every facet of American society; and WHEREAS, the City of San Rafael is home to more than 15,000 residents aged 60 or older, and more than 1,000 residents aged 90 or older, all of whom contribute their strength, wisdom, and experience to our community; and
WHEREAS, older San Rafael residents enrich our families, communities, and economy through diverse life experiences, cultures, and contributions. We all benefit when people of all ages, abilities, and backgrounds are welcomed, included, and supported; and WHEREAS, the City of San Rafael recognizes the importance of creating a community that supports and provides the services that older residents need to thrive and live independently for as long as possible; and
WHEREAS, an objective of the City of San Rafael is to continue to implement the Age-Friendly Strategic Plan, including working with groups like the Age-Friendly Community Partnership to support ageism trainings and activities, and the San Rafael Goldenaires, to enhance recreation, social inclusion, and community connections; and
WHEREAS, the work of the Age Friendly San Rafael Community Partnership and the San Rafael Goldenaires helps the City to stay in front of these demographic shifts and continue to ensure older adults in our community are included, supported, and celebrated; and
WHEREAS, the theme of Older Americans Month 2026 is Champion Your Health, focusing on prevention, wellness, and personal responsibility as cornerstones of healthy aging.

It encourages taking an active role in managing your own health, advocating for yourself, accessing preventive care, and making informed decisions that support independence.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim the month of May as Older Americans Month in San Rafael and urge every resident to recognize the contributions of our older community members, help to create an inclusive and connected society, and join efforts to support older Americans’ choices about how they age in their communities.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
San Rafael Fire Foundation
WHEREAS, the San Rafael Fire Foundation has demonstrated extraordinary dedication to enhancing the capabilities and safety of our community's fire services through tireless fundraising efforts and unwavering commitment to excellence; and
WHEREAS, the San Rafael Fire Foundation has successfully raised substantial funds to acquire critical equipment and resources that extend beyond the standard provisions of the municipal budget, thereby significantly enhancing our department's operational effectiveness; and WHEREAS, the San Rafael Fire Foundation's support has enabled the acquisition of advanced drone technology, providing our firefighters with aerial situational awareness capabilities for structure fires, hazardous materials incidents, and search and rescue operations, greatly improving incident response and firefighter safety; and WHEREAS, through the San Rafael Fire Foundation's exceptional efforts, our fire department has been equipped with a fireboat, enabling rapid response to maritime emergencies and vessel fires, as well as responding to waterfront structure fires, as it did in the August fire in the canal region of San Rafael; and
WHEREAS, these enhanced capabilities would not have been possible without the San Rafael Fire Foundation's innovative fundraising initiatives, community partnerships, and the generous support of donors who share their vision of a safer, better-protected community; and WHEREAS, San Rafael Fire Foundation exemplifies the spirit of civic engagement and community service, bridging the gap between essential needs and available resources through private philanthropy and public support; and
WHEREAS, the San Rafael Fire Foundation's contributions have directly impacted emergency response capabilities and enhanced the protection of life and property throughout the city; NOW, THEREFORE, that the Mayor and the City Council of San Rafael do hereby publicly recognize and commend the San Rafael Fire Foundation for its outstanding service to our community and its invaluable contributions to the safety and welfare of all residents.

The City Council extends its deepest gratitude to the Foundation's board members, volunteers, donors, and supporters whose collective efforts have strengthened our fire services and demonstrated the profound impact that dedicated citizens can achieve when united in common purpose.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
ASIAN AMERICAN, NATIVE HAWAI’IAN, AND PACIFIC ISLANDER

HERITAGE MONTH
May 1 - 31, 2026
WHEREAS, first commemorated in 1987 as a week and expanded in 1990 to a full month, Asian American, Native Hawai’ian, and Pacific Islander (AANHPI) Heritage Month recognizes, celebrates, and increases awareness of the rich history, contributions, and accomplishments of Asian Americans, Native Hawai’ians, and Pacific Island Americans; and
WHEREAS, the month of May was chosen to coincide with two milestones in Asian/Pacific American history: the arrival of the first Japanese immigrants in America on May 7, 1843, and the Chinese workers’ role in building the transcontinental railroad, completed May 10, 1869; and
WHEREAS, during AANHPI Heritage Month, we recognize trailblazers such as Representative Dalip Singh Saund, who in 1957 became the first Asian American to serve in Congress, and Representative Patsy Mink, the first Asian American woman elected to Congress; and
WHEREAS, these communities encompass a vast array of cultures, languages, and traditions, contributing richly to the nation's diversity; and WHEREAS, the national theme for 2026, as announced by the Federal Asian Pacific American Council (FAPAC), is “Power in Unity: Strengthening Communities Together”, which highlights the importance of leveraging our collective power, telling our stories, and being bridge builders in our communities; and WHEREAS, the City of San Rafael encourages all residents to learn more about the rich heritage of Asian American, Native Hawaiian, and Pacific Islander communities, to stand against racism and xenophobia, and to support the next generations of AANHPI individuals both locally and nationally.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael proclaim May 1-May 31, 2026, as Asian American, Native Hawai’ian, and Pacific Islander Heritage (AANHPI) Month, and do hereby reaffirm our shared values of compassion, equity, inclusion, and celebrating diversity and the impacts that AANHPI have had locally and nationally.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
WILDFIRE PREPAREDNESS WEEK 2026
WHEREAS, the risk of wildfire in the City of San Rafael, Marin County, the State of California, and many areas of North America is a significant concern to community members, elected leadership, and Fire Department personnel; and WHEREAS, following the devastation of recent California fire seasons, including destructive wildfire events in Southern California, Governor Newsom proclaimed a statewide emergency in March 2025 to fast-track critical wildfire prevention and fuels reduction projects, and as of 2026, more than 300 wildfire safety projects have been expedited statewide to protect communities from catastrophic fire; and
WHEREAS, Marin County voters agreed to take action to address the growing threat of wildfire with the passage of Measure C in 2020, which supports the San Rafael Wildfire Prevention and Protection Action Plan so staff and residents can continue to make significant strides to reduce community risk; and WHEREAS, the City remains committed to implementing a whole community approach to address the risks associated with wildfires, including strategic vegetation management, ignition reduction, evacuation improvements, reliable emergency alerting, public education, and providing resources to residents; and WHEREAS, addressing wildfire risk requires year-round resident action to create effective defensible space focusing on zone zero, or the immediate first five feet that surround structures, to best protect lives, prevent ignitions of structures, and maintain critical housing for community members; and
WHEREAS, This year’s theme is “Prepare Today, Protect Tomorrow: Your Role in California’s Wildfire Safety”, focusing on actions like creating defensible space, hardening homes, and building evacuation plans to help protect lives, property, and communities.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim May 3-9, 2026, as Wildfire Preparedness Week and, in doing so, urge all residents and community members to take adaptive wildfire preparation steps to reduce our community’s risk profile and achieve safety related to wildfire.

Kate Colin
Mayor

City of San Rafael
Proclamation in Recognition of

MENTAL HEALTH AWARENESS MONTH IN MARIN COUNTY
MAY 2026
WHEREAS, Mental health challenges are one of the most common health conditions in California, affecting 1 in 3 children (7.7%) and 1 in 6 adults (16.7%), with 4% of adults experiencing severe mental illness, impacting both the person experiencing mental health challenges and those who care for the person facing the challenge; and WHEREAS, Mental health can impact Marin residents across the lifespan; therefore, awareness and access to the tools and resources that exist can be used early in a diagnosis to manage challenges better and protect one’s health and wellbeing; and WHEREAS, Mental health impacts a person’s emotional, social, environmental, financial, and overall well-being, with significant disparities among racially and ethnically diverse communities; and
WHEREAS, Health and Human Services, Behavioral Health and Recovery Services, and its partner organizations are committed to creating an integrated, equitable mental health service model that provides early intervention that can effectively change the outcome of a mental health condition; and
WHEREAS, Health and Human Services, Behavioral Health and Recovery Services, and its partner organizations are committed to stigma reduction and fostering help-seeking by hosting a series of May Mental Health county-wide events and creating awareness of the 988 Suicide & Crisis Lifeline; and
WHEREAS, Health and Human Services, Behavioral Health and Recovery Services, and its partner organizations continue to work across behavioral health fields to address the intersections of mental health, suicidality, substance use, and other social and environmental factors and how these compound mental health conditions in our community; and

WHEREAS, Prevention is an effective way to address the impact of mental health conditions and, with early and effective evidence-based treatment, individuals with mental health conditions can recover and lead full, productive lives; and NOW, THEREFORE, BE IT RESOLVED, the City of San Rafael hereby recognizes May 2026 as Mental Health Awareness Month to enhance public awareness of mental health and help end the stigma.

Kate Colin
Mayor
Agenda Item 3.b
Presentation of Resolution
of Appreciation to Public
Service Award Recipient
Resolution to be announced at City Council
meeting on Monday, May 4, 2026.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.a
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Sean Kennings, Contract Planner
City Manager Approval: ______________
TOPIC: 770 LINDARO STREET / 999 3RD STREET (BIOMARIN SAN RAFAEL CAMPUS) SUBJECT: INTRODUCTION OF AN ORDINANCE ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO REMOVE

REQUIREMTNS FOR PARK AND CONFERENCE ROOM ACCCESS AND AUXILIARY PARKING FOR GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55):

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

Staff recommends that the City Council introduce the Ordinance (Attachment A) approving the First Amendment to the Development Agreement (Exhibit 1 to Attachment A), waiver further reading and refer to it by title only.

BACKGROUND: The City of San Rafael and BioMarin (California Corporate Center Acquisition, LLC, a Delaware limited liability company) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years. BioMarin Pharmaceutical Inc. (BioMarin) is the parent company of CCCA.

The proposed amendment to the Agreement removes certain public access and parking requirements that are no longer operationally feasible or necessary. Specifically, the Amendment would eliminate: (1) the requirement for public access to the Mahon Creek Park area on the main campus (Agreement Section

5.2); (2) the requirement for public access to conference facilities (Agreement Section 5.3); and (3) the obligation to provide temporary public parking and ancillary uses at the 999 3rd Street property (Agreement Section 4.9). The draft First Amendment to the Agreement is attached hereto as Exhibit 1 to Attachment A (the "Amendment").

At its meeting on April 14, 2026, the Planning Commission reviewed the proposed amendments and voted 5-0 to recommend that the City Council approve the First Amendment to the Development.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Public Benefits Completed to Date:

CCCA has completed substantial public benefits under the Agreement, including:
• Northwestern Portion Donation: Donated to Whistlestop as part of land swap resulting in $1,200,000 donation. COMPLETED in 2021
• Soil Remediation: Completed second phase of soil remediation under DTSC's Voluntary Cleanup Program, with over $2,000,000 in out-of-pocket costs and total remediation costs exceeding $16,000,000. COMPLETED in 2021
• Traffic Light Synchronization Contribution: Contributed $500,000 toward synchronization of traffic lights along 2nd and 3rd Street corridors. COMPLETED in 2024 • Shuttle Service Contribution: Contributed $400,000 for first mile/last mile shuttle service or other traffic improvements. COMPLETED in 2024
• Pedestrian Safety Restriping: Improved pedestrian safety with restriping at corner of Lindaro Street and 3rd Street. COMPLETED in 2023
• Donation of Lease to Whistlestop: Donated leaseback of 930 Tamalpais Avenue for three years, valued at approximately $256,000. COMPLETED in 2023
ANALYSIS:

The Project is an amendment to the existing Agreement approved in 2020. The 2020 Project approvals and Agreement were determined to be compliant with all relevant policies of the General Plan 2040 and the San Rafael Municipal Code. The current amendment request does not alter the development intensity or project characteristics and is only modifying the requirements in the Development Agreement based on satisfying past and future obligations.

Requirements Being Removed by Proposed Amendment:

1. Park Area Public Access: Removal of requirement for publicly-accessible Mahon Creek Park located south of office campus to be open dawn to dusk (Agreement Section 5.2).

2. Conference Facility Public Access: Removal of requirement to provide 2,500 square foot publicly accessible conference facility after business hours (Agreement Section 5.3).

3. Temporary Public Parking at 999 3rd Street: Removal of requirement to allow City to utilize up to 70% of 999 3rd Street surface area for public parking and ancillary uses until construction commencement (Agreement Section 4.9).

Rationale for Amendment:

The City and BioMarin have determined that the requirements being removed are no longer operationally feasible or necessary:
• Park Area: Security and operational concerns at the active laboratory campus make public access to interior park areas impractical while maintaining campus security protocols. • Conference Facility: Limited public utilization and scheduling conflicts with laboratory operations, combined with availability of other public meeting spaces downtown. • 999 3rd Street Parking: City no longer has a need for utilizing the property and would like to return control to BioMarin.

Public Benefits That Continue Under the Amendment:
• Retail Space: Approximately 3,500 square feet of retail space open to public during business hours.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Public Plaza: Approximately 6,000 square feet landscaped plaza "Front Porch" at corner of 3rd Street and Lindaro Street, open to public from dawn to dusk. • Bike Lane Striping: Addition of Class II Bike lane on Lindaro Street from 3rd Street to Anderson Drive (obligation commences in 2026).
• Public Parking on Nights and Weekends: Continued availability of western surface parking lot and garage during evening and weekend hours.

ENVIRONMENTAL DETERMINATION:

As required by the California Environmental Quality Act (CEQA), the proposed Amendment has been reviewed to determine if it is subject to environmental review. In 2020, the City certified the Final Environmental Impact Report for the BioMarin and Whistlestop/Eden Housing Project (SCH No. 2019029046) (the "EIR"). The proposed Amendment is not modifying the overall benefits provided by BioMarin as part of the 2020 approvals and would not result in any new or increased impacts.

The Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed Amendment involves removal of public access and parking requirements within an existing Development Agreement for a previously-approved and environmentally-reviewed project.

The Amendment does not authorize any new development, changes to building envelopes, or increases in density or intensity beyond what was previously approved and analyzed in the Final EIR.

COMMUNITY OUTREACH:

Notice of hearing for the proposed Amendment has been conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance and Government Code Section 65867.

A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, neighborhood groups (Federation of San Rafael Neighborhoods and Gerstle Park Neighborhood), and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the project site along both 2nd and 3rd Street frontages 15 calendar days prior to the hearing date.

One comment was received from the Toastmasters of Marin regarding the loss of available meeting spaces (Attachment B). City staff subsequently provided Toastmasters with a list of public and private meeting spaces in San Rafael.

FISCAL IMPACT:

There is no fiscal impact associated with this action. BioMarin is one of the largest private employers in San Rafael and the downtown area. Amending the Development Agreement will support BioMarin as a successful business and vital employer for the greater San Rafael community.

OPTIONS:

1. Introduce the Ordinance approving the Development Agreement Amendment as presented (staff recommendation)

2. Introduce the Ordinance with certain modifications or additional conditions

3. Do not adopt the Ordinance and direct staff to return with findings supporting denial

4. Continue the item and request additional information or analysis SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
RECOMMENDED ACTION:

Staff recommends that the City Council introduce the Ordinance (Attachment A) approving the First Amendment to the Development Agreement (Exhibit 1 to Attachment A).

ATTACHMENTS:

1. City Council Ordinance approving the First Amendment to the Development Agreement Exhibit 1 - Draft First Amendment

2. Public Comment from Toastmasters of Marin

3. Planning Commission Resolution (April 14, 2026)
4902-1445-3150 v1 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO

REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development Zoning District (PD-1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54-acre site located south of Second Street in Downtown San Rafael. Concurrent with this action, the City Council adopted Ordinance No. 1722 approving a Development Agreement with Fair, Isaac and Company, Inc. (the “Fair Issac DA”), the initial project developer, who was planning to be the single tenant for the office park. The Fair Issac DA included specific terms, conditions and requirements agreed to by both the City and Fair Isaac for a 10-year build-out of the “San Rafael Corporate Center” office park; and WHEREAS, in August 2000, the City Council adopted Ordinance No. 1755, approving the first amendment to the Fair Issac DA to approve changes in the property ownership (Equity Office) and to the development standards in order to accommodate multi-tenant use of the San Rafael Corporate Center. Since 2000, the office park ownership has changed and subsequent amendments to the Fair Issac DA were adopted to reflect the ownership changes; and WHEREAS, in December 2011, the City Council adopted Ordinance No. 1902, approving a second amendment to the Fair Issac DA for the San Rafael Corporate Center to expand the allowable land uses to include medical office and research and development; and WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA18-001), Zoning Text Amendment (ZO18-003), Planned Development (PD) Amendment (ZC18-002), Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001), Small Subdivision (S18-001), and Sign Program Amendment (SP18-18- 006) for the development of two 72-foot tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft., and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a 133,099 sq. ft. parcel at 999 3rd Street (the “Project”); and WHEREAS, the Development Agreement was requested by BioMarin to establish a 10- year time frame for the approvals and to freeze the development application and impact fees for a period of 10 years for the BioMarin component of the Project; and BioMarin has offered the City a series of public benefits as consideration for the Development Agreement; and WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20- 06, recommending to the City Council approval of the proposed Development Agreement, with one modification, to not eliminate a condition of approval, previously imposed on the 755 Lindaro/Lincoln Garage expansion, requiring the creation of a pedestrian connection to SMART on the backside of the Lincoln Avenue garage, along the west side of Mahon Creek; and WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the “Agreement”) that permits the phased development and expansion of the 4902-1445-3150 v1 2
San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3rd Street property; and
WHEREAS, the City of San Rafael determined that the application was exempt from the further California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061(b) (General Rule); and
WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department; and WHEREAS, the City Council makes the following findings, pursuant to City Council Resolution No. 6089, for approval of the Development Agreement and incorporated herein by reference:

Development Agreement Findings (DA26-001)

1. The First Amendment to the Agreement would be consistent with the objectives, policies, general land uses and programs specified in the General Plan 2040 in that the Agreement is consistent with the Downtown Mixed Use land use designation which includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. The First Amendment to the Agreement is also consistent with the Downtown Precise Plan zoning district T5N 50/70 and Planned Development (PD1721) which allows the existing uses for the project involving no intensification of use.

2. The Agreement would be compatible with the uses authorized in the regulations prescribed for the T5N 50/70 zoning district and Planned Development (PD-1721) which allows Research and Development and Laboratory uses, and the First Amendment would not change or intensify the existing use, in that:

3. The First Amendment to the Agreement would be in conformity with the public convenience, general welfare and good land use practice in that it allows for the continued use of the BioMarin campus with minor modifications that will not affect the primary use of the property, including: a privately-owned public plaza (approximately 6,000 sq. ft.), pedestrian crossing safety improvements at adjacent intersections, and donation of funds for development of bike lanes. These public benefits would be consistent with other public benefit requirements for height bonuses for developments in the downtown area.

4. The First Amendment to the Agreement would not be detrimental to the health, safety and 4902-1445-3150 v1 3
general welfare in that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), as referenced herein, and the project would meet all applicable City development standards.

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

DIVISION 1. Findings.

The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-03, adopted April 14, 2026, recommending to the City Council adoption of this Ordinance, are true and correct.

DIVISION 2. CEQA Determination.

The Council hereby finds that the First Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

The proposed Amendment involves removal of public access and parking requirements within an existing Development Agreement for a previously-approved and environmentally-reviewed project.

DIVISION 3. Approval of First Amendment to the Development Agreement.

The City Council hereby approves the First Amendment to the Development Agreement, between California Corporate Center Acquisition, LLC, and the City of San Rafael concerning the San Rafael Corporate Center project planned for the subject property at 999 3rd Street and the San Rafael Corporate Center Campus, a copy of which is attached hereto as Exhibit A and incorporated herein by reference and the Council authorizes the Mayor and the City Clerk to execute the First Amendment to the Development Agreement on behalf of the City and to take any other actions necessary to complete this transaction.

DIVISION 4. Publication; Effective Date.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the day 4th day of May 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 18th day of May 2026 by the following vote, to wit:
4902-1445-3150 v1 4
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________
KATE COLIN, Mayor
Attest:
______________________
LINDSAY LARA, City Clerk
4913-7786-6140 v1 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Attention: City Clerk
)
)
)
)
)
)
)
)
The document is exempt from recording fees per Government Code § 27383 and Building Homes & Jobs Trust Fund Fee
per Government Code § 27388.1(a)(2)(D).

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BioMarin San Rafael Campus
This First Amendment to the Development Agreement ("First Amendment") is entered into as of _________, 2026 (the “First Amendment Effective Date”), by and between the City of San Rafael, a California charter city ("City"), and California Corporate Center Acquisition, LLC, a Delaware limited liability company (“CCCA” or "Developer"). City and Developer may each be referred to as a “Party,” and collectively as the “Parties.”

R E C I T A L S
Developer and City enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement:

A. City and Developer entered into that certain Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (the “Agreement”) concerning the development of nine parcels of land comprising approximately 18.59 acres in the Downtown area of the City commonly known as the San Rafael Corporate Center located at 781-791 Lincoln Avenue and 999 3rd Street, San Rafael, Assessor Parcel Numbers 013-021-34, 35, 50, 51, 52, 53, 54 & 55, defined in the Agreement as the “Property” and shown on Exhibit A attached hereto.

B. The Parties agree to modify the Development Agreement pursuant to Government Code Sections 65867 and 65868, San Rafael Municipal Code Section 14.16.100, and City Council Resolution No. 6089 adopted on April 20, 1981, in order to remove terms related to public access to the Park Area and the Conference Facility, and the City’s use of the Temporary Public Parking Parcel.

C. On April 14, 2026, the Planning Commission, after duly noticed public hearing, recommended approval of this First Amendment. On ___________, 2026 after duly noticed public hearing, the City Council introduced its Ordinance _________ approving this First Amendment and authorizing its execution and adopted that Ordinance __________ on _________2026.

Ordinance ____________ became effective on ____________, 2026. 4913-7786-6140 v1 2

A G R E E M E N T
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties hereby agree as follows:

1. Defined Terms. Capitalized terms used herein and not otherwise defined, shall have the meaning set forth in the Agreement.

2. Amendment of Agreement. The Agreement is hereby amended to remove Sections

4.9, 5.2, and 5.3 in their entirety.

3. Interpretation. This First Amendment shall be interpreted to give each of the provisions their plain and fair meaning. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this First Amendment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its plain and fair meaning as a whole, as if all Parties had prepared it.

4. Integration. This First Amendment, together with the Agreement, constitutes the entire understanding and agreement between the Parties with respect to the subject matter contained herein.

5. Inconsistencies. In the case of any conflict or inconsistency between the provisions hereof and the terms of the Agreement, the provisions of this First Amendment shall control.

6. Status of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.

6. Counterparts. This First Amendment may be signed in counterparts by the Parties hereto and shall be the binding agreement of the Parties upon execution by each of them of one or more copies hereof.

8. Recording. Concurrent with the execution of this First Amendment, the Parties shall cause this First Amendment to be recorded in the official records of Marin County.

9. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which they are signing.
4913-7786-6140 v1 3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the First Amendment Effective Date.

CITY
CITY OF SAN RAFAEL, a California Charter City
By:

Name:

Title: City Manager
Approved as to form:

By:

Name: _________________________________
Title: City Attorney
Attest:

By:

Name: _________________________________
Title: City Clerk

DEVELOPER

CALIFORNIA CORPORATE CENTER

ACQUISITION, LLC,
a Delaware limited liability company
By:

Name:

Title:

Acknowledgment

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

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

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

Acknowledgment

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

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

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
toastmasters.org
Toastmasters of Marin
Club 890, Founded 1950
Feb 18, 2026
San Rafael City Planning Commission
San Rafael, CA 94901
Dear Honorable Members of the San Rafael City Planning Commission, I am writing to urge the Commission to uphold Ordinance 1982 and hold BioMarin accountable to its longstanding community obligations under the Development Agreement originally executed in 1998.

Among the continuing obligations carried over into the current agreement between the City and BioMarin is the provision of a 2,500 square foot, after-hours, publicly accessible conference facility at little to no cost to community organizations. This is not a discretionary benefit — it is a binding, in-perpetuity commitment to the residents of San Rafael. Allowing its termination would permanently eliminate a vital community resource.

Marin Toastmasters Club 890 relied on this space for years prior to the COVID-19 pandemic. It offered a clean, safe, and professional environment where community members could gather to develop their public speaking, leadership, and communication skills. When pandemic-era restrictions ended, we made every effort to resume use of the facility. Those efforts were met with resistance, unreturned phone calls, and refusal to engage. BioMarin has not honored its obligation to the City and should not now be rewarded with relief from that obligation.

I represent one of the oldest and most active Toastmasters chapters in the region. Club 890 has met consistently since 1950 — 75 years of serving San Rafael and central Marin. We are one of only two Toastmasters clubs in San Rafael that meets weekly and in person. As a nonprofit, we depend on affordable, professional meeting space to remain accessible to all members of our community. Our club has grown, and we have outgrown our current location, but every alternative we have explored carries fees exceeding $100 per meeting — well beyond what our budget can absorb without raising member dues and pricing out the very people we aim to serve.

The loss of this provision does not affect only Toastmasters. It reduces an already scarce supply of publicly accessible meeting space in San Rafael, affecting nonprofits, civic groups, and community organizations across the city.

The Commission has the authority — and the obligation — to ensure that agreements made with the City in the public interest are honored. I respectfully urge you to preserve the conference facility provision of Ordinance 1982, and to require BioMarin to fulfill the community commitment it agreed to and has benefited from for decades.

Thank you for your time and your service to our community.

Sincerely,
Travis Woods
President
Marin Toastmasters Club 890
RESOLUTION NO. 26-03

RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING THAT

THE SAN RAFAEL CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE.CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (DA11-001) (ORDINANCE NO. 1982) TO REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, Government Code§ 65864, et seq., authorizes the City of San Rafael to enter into development agreements which will provide certainty, definition and commitment to developers as well as to provide for necessary public improvements required by development; and
WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3rd Street property; and WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement and considered all oral and written public testimony and the written report of the Community Development Department; and
WHEREAS, that the Planning Commission has reviewed and considered the information contained in the proposed First Amendment to the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of San Rafael makes the following findings, determinations and recommendations with respect to the proposed First Amendment to the Agreement:

Section 1. Incorporation of Recitals. The above recitations are true and correct and are incorporated herein by this reference.

Section 2. c.E.QA. The Planning Commission hereby recommends that the City Council find this project to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the proposed First Amendment to the Agreement will have a significant effect on the environment.
4899-6435-0362 v2
Section 3. Findings for Amendment of Development Agreement. The Planning Commission in recommending approval to the City Council of the First Amendment to the Agreement and hereby makes the following findings:

1. The First Amendment to the Agreement would be consistent with the objectives, policies, general land uses and programs specified in the General Plan 2040 in that the Agreement is consistent with the Downtown Mixed Use land use designation which includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. The First Amendment to the Agreement is also consistent with the Downtown Precise Plan zoning district T5N 50/70 and Planned Development (PD1721) which allows the existing uses for the project involving no intensification of use.

2. The Agreement would be compatible with the uses authorized in the regulations prescribed for the T5N 50/70 zoning district and Planned Development (PD-1721) which allows Research and Development and Laboratory uses, and the First Amendment would not change or intensify the existing use.

3. The First Amendment to the Agreement would be in conformity with the public convenience, general welfare and good land use practice in that it allows for the continued use of the BioMarin campus with minor modifications that will not affect the primary use of the property.

4. The First Amendment to the Agreement would not be detrimental to the health, safety and general welfare in that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), as referenced herein, and the project would meet all applicable City development standards.

WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community and Economic Development Department.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael recommends that the City Council adopt an ordinance (Exhibit 1) approving the First Amendment to the Agreement for the BioMarin San Rafael Campus development, substantially in the form of Exhibit 2. Exhibits 1 and 2 are attached hereto and incorporated herein by reference.

The foregoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 14th day of April 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
4899-6435-0362 v2
Alvarez, Salvemini, Sude, Summers and Chair Rodby
None
Commissioner Mercado
None
ATTEST:

Margaret Kavanaugh-Lynch, Secretary Jill Rodby, Chairman 4899-6435-0362 v2
ORDINANCE NO. DA26-001

AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO

REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development Zoning District (PD-1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54-acre site located south of Second Street in Downtown San Rafael. Concurrent with this action, the City Council adopted Ordinance No. 1722 approving a Development Agreement with Fair, Isaac and Company, Inc. (the "Fair Issac DA"), the initial project developer, who was planning to be the single tenant for the office park. The Fair Issac DA included specific terms, conditions and requirements agreed to by both the City and Fair Isaac for a 10-year build-out of the "San Rafael Corporate Center" office park; and WHEREAS, in August 2000, the City Council adopted Ordinance No. 1755, approving the first amendment to the Fair Issac DA to approve changes in the property ownership (Equity Office) and to the development standards in order to accommodate multi-tenant use of the San Rafael Corporate Center. Since 2000, the office park ownership has changed and subsequent amendments to the Fair Issac DA were adopted to reflect the ownership changes; and WHEREAS, in December 2011, the City Council adopted Ordinance No. 1902, approving a second amendment to the Fair Issac DA for the San Rafael Corporate Center to expand the allowable land uses to include medical office and research and development; and WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA 18-001 ), Zoning Text Amendment (2018-003), Planned Development (PD) Amendment (ZC18-002), Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001), Small Subdivision (S18-001), and Sign Program Amendment (SP18-18- 006) for the development of two 72-foot tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft., and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a 133,099 sq. ft. parcel at 999 3rd Street (the "Project"); and WHEREAS, the Development Agreement was requested by BioMarin to establish a 10- year time frame for the approvals and to freeze the development application and impact fees for a period of 10 years for the BioMarin component of the Project; and BioMarin has offered the City a series of public benefits as consideration for the Development Agreement; and WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20- 06, recommending to the City Council approval of the proposed Development Agreement, with one modification, to not eliminate a condition of approval, previously imposed on the 755 Lindaro/Lincoln Garage expansion, requiring the creation of a pedestrian connection to SMART on the backside of the Lincoln Avenue garage, along the west side of Mahon Creek; and WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the 4902-1445-3150 v1 1
San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 1 0 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3
rd Street property; and
WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department; and WHEREAS, the City Council makes the following findings, pursuant to City Council Resolution No. 6089, for approval of the Development Agreement and incorporated herein by reference:

Development Agreement Findings (DA26-001)

1. The First Amendment to the Agreement would be consistent with the objectives, policies, general land uses and programs specified in the General Plan 2040 in that the Agreement is consistent with the Downtown Mixed Use land use designation which includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. The First Amendment to the Agreement is also consistent with the Downtown Precise Plan zoning district T5N 50/70 and Planned Development (PD1721) which allows the existing uses for the project involving no intensification of use.

2. The Agreement would be compatible with the uses authorized in the regulations prescribed for the T5N 50/70 zoning district and Planned Development (PD-1721) which allows Research and Development and Laboratory ,uses, and the First Amendment would not change or intensify the existing use, in that:

3. The First Amendment to the Agreement would be in conformity with the public convenience, general welfare and good land use practice in that it allows for the continued use of the BioMarin campus with minor modifications that will not affect the primary use of the property, including: a privately-owned public plaza (approximately 6,000 sq. ft.), pedestrian crossing safety improvements at adjacent intersections, and donation of funds for development of bike lanes. These public benefits would be consistent with other public benefit requirements for height bonuses for developments in the downtown area.

4. The First Amendment to the Agreement would not be detrimental to the health, safety and general welfare in that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), as referenced herein, and the project would meet all applicable City development standards.
4902-1445-3150 v1 2

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

DIVISION 1. Findings.

The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-03, adopted __ , 2026, recommending to the City Council adoption of this Ordinance, are true and correct.

DIVISION 2. Approval of First Amendment to the Development Agreement.

The City Council hereby approves the First Amendment to the Development Agreement, between California Corporate Center Acquisition, LLC, and the City of San Rafael concerning the San Rafael Corporate Center project planned for the subject property at 999 3 rd Street and the
San Rafael Corporate Center Campus, a copy of which is attached hereto as Exhibit A and incorporated herein by reference and the Council authorizes the Mayor and the City Clerk to execute the First Amendment to the Development Agreement on behalf of the City and to take any other actions necessary to complete this transaction.

DIVISION 3. Publication; Effective Date.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
, Mayor
ATTEST:

LINDSAY LARA, City Clerk
The foregoing Ordinance No. _ was introduced at a regular meeting of the City Council of the City of San Rafael, held on the _ day of __ 2026 and was ordered passed to print by the following vote, to wit:

AYES: Council members:

NOES: Council members:

ABSENT: Councilmembers:

And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the_ day of April 2026.
4902-1445-3150 v1 3
LINDSAY LARA, City Clerk
4902-1445-3150 v1 4

RECORDING REQUESTED
AND WHEN RECORDED MAIL To:

City of San Rafael
1400 Fifth A venue
San Rafael, CA 94901
Attention: City Clerk
BY )
)
)
)
)
)
)
The document is exempt from recordingfees per Government Code§ 27383 and Building Homes & Jobs Trust Fund Fee
per Government Code§ 27388.l(a)(2)(D).

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BioMarin San Rafael Campus
This First Amendment to the Development Agreement ("First Amendment") is entered into as of ___ 2026 (the "First Amendment Effective Date"), by and between the City of San Rafael, a California charter city ("City"), and California Corporate Center Acquisition, LLC, a Delaware limited liability company ("CCCA" or "Developer"). City and Developer may each be referred to as a "Party," and collectively as the "Parties."

RECITALS
Developer and City enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement:

A. City and Developer entered into that certain Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (the "Agreement") concerning the development of nine parcels ofland comprising approximately 18.59 acres in the Downtown area of the City commonly known as the San Rafael Corporate Center located at 781-791 Lincoln Avenue and 999 3
rd Street, San Rafael, Assessor Parcel Numbers 013-021-34, 35, 50, 51, 52, 53, 54 & 55, defined in the Agreement as the "Property" and shown on Exhibit A attached hereto.

B. The Parties agree to modify the Development Agreement pursuant to Government Code Sections 65867 and 65868, San Rafael Municipal Code Section 14.16.100, and City Council Resolution No. 6089 adopted on April 20, 1981, in order to remove terms related to public access to the Park Area and the Conference Facility, and the City's use of the Temporary Public Parking Parcel.

C. On ----- 2026, the Planning Commission, after duly noticed public hearing, recommended approval of this First Amendment. On ____ __, 2026 after duly noticed public hearing, the City Council introduced its Ordinance ____ approving this First Amendment and authorizing its execution and adopted that Ordinance _____ on ____ 2026. Ordinance ______ became effective on ______ 2026. 4913-7786-6140 vl

AGREEMENT
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties hereby agree as follows:

1. Defined Terms. Capitalized terms used herein and not otherwise defined, shall have the meaning set forth in the Agreement.

2. Amendment of Agreement. The Agreement is hereby amended to remove Sections

4.9, 5.2, and 5.3 in their entirety.

3. Interpretation. This First Amendment shall be interpreted to give each of the provisions their plain and fair meaning. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this First Amendment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its plain and fair meaning as a whole, as if all Parties had prepared it.

4. Integration. This First Amendment, together with the Agreement, constitutes the entire understanding and agreement between the Parties with respect to the subject matter contained herein.

5. Inconsistencies. In the case of any conflict or inconsistency between the provisions hereof and the terms of the Agreement, the provisions of this First Amendment shall control.

6. Status of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.

6. Counterparts. This First Amendment may be signed in counterparts by the Parties hereto and shall be the binding agreement of the Parties upon execution by each of them of one or more copies hereof.

8. Recording. Concurrent with the execution of this First Amendment, the Parties shall cause this First Amendment to be recorded in the official records of Marin County.

9. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which they are signing.
49 I 3-7786-6140 v I 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the First Amendment Effective Date.
4913-7786-6140 vl
CITY
CITY OF SAN RAFAEL, a California Charter City
By:

Name:

Title: City Manager
Approved as to form:

By:

Name: _____________ _
Title: City Attorney
Attest:

By:

Name: _____________ _
Title: City Clerk

DEVELOPER

CALIFORNIA CORPORA TE CENTER

ACQUISITION, LLC,
a Delaware limited liability company
By:

Name: _____________ _
Title:
3 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ________ _
)
)
On _________ before me,------------ a Notary Public,
personally appeared _________________________ __,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
Acknowledgment

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ________ _
)
)
On _________ before me, _____________ a Notary Public,
personally appeared -------------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
Acknowledgment
Reso 26-03 BioMarin with Attachments
Final Audit Report
Created:

By:

Status:

Transaction ID:
2026-04-21
Erin Cipriani ([email protected])
Signed
CBJCHBCAABAAQgRj8nXqhAPIU1VDAGZaiJd7RNFrZILR
2026-04-22
"Reso 26-03_BioMarin_with Attachments" History
f:l Document created by Erin Cipriani ([email protected]) 2026-04-21 - 9:57:34 PM GMT
f2. Document emailed to Jill Rodby [email protected]) for signature 2026-04-21 - 9:57:38 PM GMT
f:l Email viewed by Jill Rodby [email protected])
2026-04-22 - 10:44:01 PM GMT
0o Document e-signed by Jill Rodby [email protected]) Signature Date: 2026-04-22 - 10:44:56 PM GMT - Time Source: server g Document emailed to Margaret Kavanaugh-Lynch ([email protected]) for signature
2026-04-22 - 10:44:57 PM GMT
f:l Email viewed by Margaret Kavanaugh-Lynch ([email protected]) 2026-04-22-10:49:12 PM GMT
0o Document e-signed by Margaret Kavanaugh-Lynch ([email protected]) Signature Date: 2026-04-22 - 10:49:39 PM GMT - Time Source: server 0 Agreement completed.
2026-04-22 - 10:49:39 PM GMT
Adobe Acrobat Sign
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Greg Minor, Assistant Director
Alexis Captanian, Housing Manager
City Manager Approval: ______________
TOPIC: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBJECT: RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT FUNDING FOR THE FISCAL YEAR 2026-2027

TO THE MARIN COUNTY BOARD OF SUPERVISORS
RECOMMENDATION:

Adopt a resolution recommending Community Development Block Grant (CDBG) project funding for Fiscal Year 2026-27 to the Marin County Board of Supervisors.

BACKGROUND:

The Community Development Block Grant (CDBG) is a federally funded program administered by the U.S. Department of Housing and Urban Development (HUD) designed to enhance local quality of life by supporting essential community-based projects. CDBG funding prioritizes the creation and preservation of affordable housing, improvements to community infrastructure and facilities, and the provision of critical public services benefiting residents in need. HUD requires that at least 70 percent of funds benefit low and moderate-income households.

In 2023, the City of San Rafael entered into a cooperative agreement with the County of Marin to coordinate the allocation and management of CDBG funds more effectively. Through this partnership, Marin County is organized into three distinct planning areas: Countywide, the City of San Rafael, and the City of Novato. Funding recommendations across these planning areas are guided by a countywide Priority Setting Committee (PSC), composed of elected City and Town Council representatives, a County Supervisor, and local community members representing federally protected classes—including individuals of diverse races, religions, national origins, genders (including gender identity and sexual orientation), disabilities, and familial statuses—in accordance with fair housing regulations. San Rafael City Councilmember Rachel Kertz currently serves on the PSC. Attachment 1 contains the roster of PSC members for 2026-2027.

Under this cooperative arrangement, the City of San Rafael is responsible for reviewing and recommending allocations for CDBG-funded projects specifically benefiting the San Rafael community. The process consists of the San Rafael City Council forwarding its recommendations to the PSC, which then incorporates San Rafael’s recommendations along with proposals from the other two planning areas into comprehensive recommendations for consideration by the Marin County Board of Supervisors (BOS).

Agenda Item No: 4.b
Meeting Date: May 4, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Board of Supervisors will hold a public hearing in June to review and adopt the final funding recommendations. Following approval, the County will submit the funding plan to HUD.

Federal Regulatory Updates
• Section 3 Threshold Increase: Effective March 16, 2026, HUD has increased the Section 3 project threshold for Housing and Community Development Financial Assistance from $200,000 to $300,000. This impacts procurement and hiring requirements for upcoming capital projects, reducing administrative burden for some capital projects. • Public Hearing Requirements: Per 24 CFR § 91.105, two public hearings must be held annually to obtain resident views on housing and community development needs. The first is satisfied by the May 4th City Council meeting. The second may be overseen by the County during the May 19th PSC meeting, the June Board of Supervisors meeting, or the Consolidated Annual Performance and Evaluation Reports (CAPER) process. This collaborative structure ensures local input while aligning with the PSC allocation process.

CDBG timeliness requirement
To ensure federal funds are utilized efficiently, HUD mandates that a grantee’s unexpended CDBG balance must not exceed 1.5 times the annual grant. 1 This "timeliness test" is conducted
annually on May 2, exactly 60 days before the end of the program year.

The County did not meet this threshold last year and is projected to miss it again in 2026. This is due to a combination of funding projects that were not prepared for immediate implementation and a $1.2 million program income windfall in 2025 from the sale of two previously funded projects.

Consequences of Noncompliance
Failure to meet timeliness standards triggers mandatory corrective actions from HUD:
• Informal Consultation & Workout Plans: HUD initiates a review to evaluate the causes of untimeliness. The County must then submit a "workout plan" detailing specific steps to accelerate expenditures and address the backlog. • Formal Findings & Monitoring: HUD may issue a formal finding of noncompliance, leading to increased oversight and monitoring by the HUD Field Office. • Grant Reductions: For second-year or repeated failures, HUD has the authority to reduce the next grant allocation by 100% of the amount that exceeded the 1.5 ratio.

Because failure to meet the timeliness requirement puts all current and future funding at risk, County staff are prioritizing Project Readiness for the FY 2026-2027 cycle. County staff limited funding recommendations to projects that have demonstrated the ability to move forward immediately, based on the following criteria:
• Entitlements & Matching Funds: Planning entitlements are in place and other funding sources are fully secured.
• Administrative Capacity: The organization has a proven track record of successfully administering federal funds, meeting procurement requirements, and complying with labor standards.
• Environmental Review Compliance: Past responsiveness in completing Federal environmental reviews (NEPA).

If the County continues to fund projects that cannot meet these standards, it faces the high probability of losing CDBG funds. Consequently, all applications have been evaluated against these readiness criteria, and projects that do not meet them are not being recommended at this 1 CDBG regulations at 24 CFR 570.902
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
time.

ANALYSIS:

Program Overview
The CDBG program funds projects in three areas: public services, capital improvements and housing, each of which is applied in the three Planning Areas. Federal regulation requires that the majority of funds be spent on housing and community infrastructure/capital projects.

Evaluation Guidelines
County staff evaluated all applications based on HUD national objectives, PSC priorities, and standard project criteria. Projects must primarily benefit low and moderate-income households or address community development needs such as blight prevention.

Given prior-year challenges with meeting HUD timeliness requirements, County staff placed increased emphasis on project readiness and the ability to expend awarded funds within the grant year.

Projects with clear implementation timelines, established site control, secured financing, and minimal predevelopment barriers were prioritized, while those with uncertain timelines or outstanding prerequisites were scored lower.

Public services funding is administered on a two-year cycle. As FY 2026–2027 represents the second year of that cycle, public services projects were not re-evaluated this year and continue based on prior-year funding decisions and performance. These programs were originally selected based on PSC priorities, including children, youth, and family support services and housing support services.

CDBG Funding – City of San Rafael Planning Area
The County of Marin has received formal notification from HUD regarding the final allocation for the 2026–2027 CDBG program in the amount of $1,610,959. After administrative costs, $1,288,767 is available for program activities.

Based on the allocation formula established in the cooperative agreement, the San Rafael Planning Area will receive $508,032, representing 39.42 percent of total planning area funds.

Of this amount, up to $95,256 may be allocated to public services. The remaining $209,563 is available for housing and capital or community infrastructure activities. In addition, San Rafael is scheduled to receive $203,212 as its proportional share of countywide housing funds.

Housing Projects
A total of seven (7) housing applications were submitted across all funding sources, of which four projects requested CDBG funding, totaling approximately $2,675,006. Of the $1,288,767 available for CDBG project funding, roughly $515,507 is allocated to housing activities. Table One below outlines the recommended funding amounts for the FY 2026-2027 CDBG housing projects.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Table One: Recommended FY 2026-2027 CDBG Housing Project Allocations Project
Sponsor Project Name
Project
Address Novato San Rafael
County
Other
Total
Recommended
CDBG
Allocation
Eden
Housing Oak Hill Eden
193 E S
Unincorporated
Marin County,
CA 9439 $102,072.03 $183,212.81 $170,222.04 $455,506.88 Habitat
for
Humanity
Habitat Marin
County
Rehabilitation
Program
300
Montgomery
Street $20,000 $20,000 $20,000 $60,000
TOTAL $122,072.03 $203,212.81 $190,222.04 $515,506.88
CDBG requests this cycle included a mix of home rehabilitation programs, infrastructure improvements to preserve existing housing, and new affordable housing development. These projects support housing stability and expand access to affordable housing for low and moderate-income residents.

Given that total CDBG requests significantly exceed available funding, the application process was highly competitive. County staff’s funding recommendations prioritize projects that demonstrate readiness, strong organizational and development capacity, and the ability to deliver measurable housing outcomes. County staff also calibrated awards to maximize impact across the Novato, San Rafael, and County Other planning areas, ensure timely expenditure of funds, and align with federal requirements and local priorities. Countywide housing investments were prioritized where they provide broad benefit across multiple planning areas.

Accordingly, County staff recommend the following Housing projects for CDBG funding:
• Habitat for Humanity Greater San Francisco – Home Rehabilitation Program, which provides critical home repairs and accessibility improvements for low-income homeowners throughout Marin County.
• Eden Housing, Inc. – Oak Hill Apartments, a new affordable rental housing development serving low-income households.

Detailed funding recommendations are provided in Attachment 3 – FY 2026–27 CDBG/HOME/PLHA Funding Recommendations.

Capital Projects
A total of ten (10) capital improvement applications were submitted, requesting approximately $1,519,036 in CDBG funding. Of the $1,288,767.20 available for CDBG project funding, $209,563.21 is allocated to capital and community infrastructure activities within the San Rafael Planning Area. Table Two outlines the recommended funding amounts for the FY 2026-2027 CDBG housing projects.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Table Two: Recommended FY 2026-2027 CDBG Capital Project Allocations Project
Sponsor Project Name
Project
Address Novato San Rafael
County
Other
Total
Recommended
CDBG
Allocation
Homeward
Bound of
Marin
New
Beginnings
Center
Infrastructure
Repairs and
Improvements2026
1399 North
Hamilton
Parkway,
Novato
$38,211 $66,786 $26,740 $131,737
City of San
Rafael
Pickleweed
Preschool
Community
Infrastructure
Project
40 Canal
Street,
San Rafael
- $142,777.21 - $142,777.21
TOTAL $38,211 $209,563.21 $26,740 $274,514.21
These applications include facility repairs, accessibility improvements, childcare and community facility upgrades, and planning for the modernization of public facilities. Recommended projects focus on maintaining and improving community-serving facilities that provide essential services such as healthcare, early childhood education, shelter, and community-based programs for lowand moderate-income residents.

Due to limited funding, the process was highly competitive. Recommendations prioritize projects that address critical facility needs, support continued service delivery, and meet readiness criteria. Funding levels were determined based on project readiness, feasibility, and the ability to deliver timely and measurable outcomes, while ensuring an equitable distribution of resources across planning areas and prioritizing investments that deliver the greatest localized and countywide impact.

The following projects are recommended for CDBG funding in the San Rafael Planning Area:
• Homeward Bound of Marin – New Beginnings Center Infrastructure Repairs and Improvements (2026). Critical repairs and improvements at an 80-bed emergency shelter serving adults experiencing homelessness in Marin. • City Of San Rafael – Pickleweed Preschool Community Infrastructure Project. Improvements to the outdoor learning environment at Pickleweed Preschool located in the Canal neighborhood, which serves approximately 68 children each year through a free, state-funded early childhood education program designed for low-income families.

Detailed funding recommendations are provided in Attachment 3 – FY 2026–27 CDBG/HOME/PLHA Funding Recommendations.

Public Services
The County has designated $95,256 in CDBG public services funding for the San Rafael Planning Area for the 2026–2027 program year, based on the maximum allowable 15 percent of the total CDBG entitlement. While the City Council may choose to allocate a lower amount SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
annually, it cannot exceed this federally mandated cap.

FY 2026–2027 represents the second year of the current cycle, meaning most public service programs were selected during the FY 2025–2026 process and continue based on performance and compliance. This structure supports program stability and continuity of services. Table Three lists the public service programs recommended to receive a second year of funding.

Table Three: Recommended FY 2026-2027 CDBG Public Service Program Allocations Project
Sponsor
Project
Name
Project
Address Novato San Rafael
County
Other
Total
Recommended
CDBG
Allocation
Fair Housing
Advocates of
Northern
California
Fair Housing
Counseling
and
Education
851 Irwin
Street, San
Rafael $15,835.91 $17,804.34 $17,579.74 $51,219.99
Legal Aid of
Marin
Keeping
Marginalized
Marin
Tenants
Housed
1401 Los
Gamos Drive,
San Rafael 12,883.53 $29,388.44 $29,402.32 $71,674.29
Marin Center
for
Independent
Living
Residential
Access
Modification
Program
710 4th
Street, San
Rafael - $10,680.72 $5,273.07 $15,953.79
Make It
Home
One Cozy
Bed
5800
Northgate
Drive, San
Rafael - $16,021.07 - $16,021.07
City of San
Rafael
Pickleweed
Preschool
40 Canal
Street, San
Rafael - $21,361.44 - $21,361.44
TOTAL $28,719.44 $95,256.01 $52,255.13 $176,230.58
FISCAL IMPACT:

There is no direct cost or revenue impact associated with the recommended action. The City is allocating federal HUD funds to specific projects, which allows the City to redirect General Fund and capital resources to other priorities.

OPTIONS:

1. Approve the recommended CDBG funding allocations as outlined in this report.

2. Modify the CDBG funding allocations by adjusting individual project awards.

3. Defer to the Countywide Priority Setting Committee to finalize funding recommendations for the San Rafael Planning Area.

4. Provide alternative direction to staff regarding project selection or funding priorities.

ACTION REQUIRED:

Adopt a resolution recommending CDBG funding for Fiscal Year 2026-27 to the Marin County SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
Board of Supervisors.

ATTACHMENTS:

1. 2026-2027 Priority Setting Committee Roster

2. Resolution

3. Exhibit A to Resolution: 2026-2027 CDBG Project Allocations

4. 2026-2027 Application Summary
PSC Members
Committee Members Name
CM - Countywide Nancy Johnson
CM - Lower Ross Tracie Palmer
CM - Novato Crystal Lewis
CM - San Rafael Craig Yates
CM - Southern Marin Ida Green
CM - Upper Ross Philip "PJ" Feffer
CM - West Marin Hal Russek
Elected Members
EM - BOS Supervisor Eric Lucan
EM - Belvedere Peter Mark
EM - Corte Madera Rosa Thomas
EM - Fairfax Barbara Coler
EM - Larkspur Sarah Margulies
EM - Mill Valley Stephen Burke
EM - Novato Tim O'Oconnor
EM - San Anselmo Chantel Walker
EM - San Rafael Rachel Kertz
EM - Sausalito Melissa Blaustein
EM- Tiburon Holli Their
2026-27 PSC Roster
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RECOMMENDING

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT FUNDING FOR THE FISCAL YEAR 2026-2027 TO THE MARIN COUNTY BOARD OF SUPERVISORS BE IT RESOLVED by the Council of the City of San Rafael as follows:

WHEREAS in June 1999, the City Council revised the Cooperation Agreement with the County of Marin for Community Development Block Grant (CDBG) funds whereby the City remained in the County system; and
WHEREAS in December 1999, the City devised a project selection process for CDBG projects; and
WHEREAS on May 4, 2026, in accordance with the adopted project selection process the City Council reviewed the submitted applications; NOW, THEREFORE IT IS HEREBY RESOLVED that the City Council recommends to the Marin County Board of Supervisors that the $508,032.03 in CDBG funds available for allocation by the City of San Rafael be distributed to the projects and in the amounts shown on Exhibit A to this resolution, subject to adjustments necessary to accommodate any changes in the final allocation given to the County of Marin by the federal Department of Housing and Urban Development (HUD).

I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4th day of May 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk
PROJECT SPONSOR PROJECT NAME Project Address Planning Area APPLICANT'S CDBG REQUEST Novato San Rafael County Other CDBG Allocations

HOUSING
Eden Housing, Inc. Oak Hill Eden
193 E S Unincorporated Marin County, CA 94939 County Wide $ 1,500,000.00 $ 102,072.03 $ 183,212.81 $ 170,222.04 $ 455,506.88 Habitat for Humanity Greater San Francisco
Habitat Marin County Rehabilitation Program 300 Montgomery Street County Wide $ 296,123.30 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 60,000.00 $ 1,796,123.30 $ 203,212.81 122,072.03 $ 190,222.04 $ 515,506.88 $ CAPITAL APPLICANT'S CDBG REQUEST Novato San Rafael County Other CDBG Allocations Homeward Bound of Marin
New Beginnings Center Infrastructure Repairs and Improvements - 2026 1399 North Hamilton Parkway, Novato County Wide $ 249,710.00 $ 38,211.00 $ 66,786.00 $ 26,740.00 $ 131,737.00 City of San Rafael
Pickleweed Preschool Community Infrastructure Project
40 Canal Street. San Rafael San Rafael $ 207,000.00 $ - $ 142,777.21 $ - $ 142,777.21 $ 456,710.00 $ 38,211.00 $ 209,563.21 $ 26,740.00 $ 274,514.21 PUBLIC SERVICES Year one Allocation Novato San Rafael County Other Year 2 Allocation Fair Housing Advocates of Northern California
Fair Housing Counseling and Education
851 Irwin Street, STE 218. San Rafael, CA 94901 County Wide $ 48,500.00 $ 15,835.91 $ $ 17,579.74 $ 51,219.99 17,804.34 Legal Aid of Marin
Keeping Marginalized Marin Tenants Housed
1401 Los Gamos Drive, Suite 101. San Rafael, CA 94903 County Wide $ 66,877.38 $ 12,883.53 $ $ 29,402.32 $ 71,674.29 29,388.44 Marin Center For Independent Living
Residential Access Modification Program
710 4th Street. San Rafael, CA 94901 County Wide $ 14,547.81 $ - $ 10,680.72 $ 5,273.07 $ 15,953.79 Make It Home One Cozy Bed
5800 Northgate Drive, Unit
731-010. San Rafael, CA County Wide $ 14,547.81 $ -
$ 16,021.07
$ - $ 16,021.07
City of San Rafael Pickleweed Preschool
40 Canal Street. San Rafael, CA 94901 San Rafael $ 19,396.98 $ 21,361.44 $ 21,361.44 $ 163,869.98 $ 28,719.44 $ 95,256.01 $ 52,255.13 $ 176,230.58 Countywide
San Rafael
LEGEND
Funding Determination Methodology:Funding recommendations were based on eligibility, alignment with HUD national objectives and County priorities, project readiness, and capacity to expend funds in a timely manner. Priority was given to projects serving low- and moderate-income households, leveraging other resources, and demonstrating clear outcomes.Due to limited funding, awards were adjusted to balance impact across planning areas while maintaining compliance with timeliness and performance requirements , resulting in some partial awards.

Attachment 2 - Exhibit A - 2026-27 CDBG Project Allocations I
I
I
I
I
2026-27 NOFA
Application Summary
Housing and Capital
Community Development Agency
Housing and Federal Grants Division
3501 Civic Center Drive, Suite 308
San Rafael, CA 94903
FY 2026–27 Housing Funding Requests
The County received seven housing-related applications requesting funding through the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and the State Permanent Local Housing Allocation (PLHA), with matching County Housing Trust funds.

Applications reflect a range of housing strategies, including home rehabilitation, preservation of existing affordable housing, infrastructure improvements necessary to maintain affordability, and new affordable housing development.

Collectively, these projects aim to preserve existing housing, expand the affordable housing supply, and support vulnerable populations, including low-income homeowners, seniors experiencing homelessness, and youth transitioning out of foster care.

Total funding requests include approximately:
• $2,675,006 in CDBG (compared to $515,507 available)
• $1,400,000 in HOME (compared to $634,995 available for projects) • $3,600,000 in PLHA (compared to approximately $476,762 available, plus required local match)
Across all three funding sources, requests substantially exceed available resources, underscoring the highly competitive nature of the funding process and the significant unmet need for affordable housing investment in Marin County.

Housing Applications
Bolinas Community Land Trust
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Bolinas Community Land Trust (BCLT) proposes to replace and upgrade the aging septic system serving the affordable housing property located at 140 Maple Road in Bolinas. The current septic system has reached the end of its useful life and requires replacement to meet environmental health standards and support continued residential use of the property.

Requested funds would support engineering, system design, permitting, and construction of a new septic system that complies with Marin County environmental health requirements. The project also includes associated site improvements needed to complete the installation and ensure long-term system functionality.

The project preserves an existing affordable housing unit in West Marin, an area with extremely limited housing supply and few affordable housing opportunities.

Infrastructure upgrades such as septic replacement are critical for maintaining the habitability of rural housing properties that rely on individual wastewater systems.

By addressing a major infrastructure need, the project ensures the long-term viability of the property and prevents the potential loss of affordable housing in Bolinas.

Preserving existing units in rural coastal communities helps maintain housing stability for low-income residents and supports the diversity and sustainability of the local community
140 Maple Septic Upgrade (Bolinas)
140 Maple, Bolinas (3 units)
County Other
CDBG $200,525.00

66.17 EAH HOUSING
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
EAH Housing proposes the development of Bayfront Terrace, a new affordable rental housing community in Mill Valley. The development will include multiple residential units designed to serve low-income households in Marin County.

Funding requests would help support predevelopment costs, construction financing, and other development-related expenses needed to complete the project. The development is anticipated to include a mix of unit sizes to accommodate families and individuals and will be designed to meet modern building standards and energy efficiency requirements
Bayfront Terrace will add permanently affordable rental housing units in a high-cost housing market where housing opportunities for low-income households are extremely limited. By increasing the local supply of affordable rental housing, the project helps address one of the most significant housing challenges facing Marin County and is located in a high resource area.

Bayfront Terrace
1 Hamilton Drive, Mill Valley (45 units)
County Other
• HOME $700,000
• PLHA $900,000

90.17 EDEN HOUSING
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Eden Housing proposes the development of Oak Hill Apartments, a new affordable rental housing development that will include a mix of studio, one-bedroom, two-bedroom, and three-bedroom units. The development is intended to serve low-income households, including families and individuals with a range of housing needs.

The requested funding would support development costs associated with the project, including site preparation, construction, and related development expenses.

Oak Hill Apartments will expand the supply of affordable housing in Marin County by providing new rental housing opportunities for low-income households. The development’s mix of unit sizes helps accommodate a range of household types, including families who often face the greatest challenges in securing affordable housing in Marin’s competitive housing market.

Increasing the availability of affordable rental housing helps reduce housing instability and allows residents to remain in the community where they work, attend school, and access local services.

Oak Hill Apartments
193 E SFD BlVD, County (115 units)
County Other
• CDBG $1,500,000.00
• PLHA $900,000.00

94.00 Habitat for Humanity
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Habitat for Humanity Greater San Francisco proposes to expand its Home Rehabilitation Program, which provides critical home repairs and accessibility improvements for low-income homeowners throughout Marin County. The program focuses on addressing health and safety issues, deferred maintenance, and accessibility needs that can threaten the long-term habitability of homes.

Funds would support repairs such as roof replacements, structural repairs, electrical and plumbing improvements, accessibility modifications, and other improvements needed to ensure that homes remain safe and livable.

The program helps low-income homeowners, including seniors, individuals with disabilities, and long-time residents, remain safely in their homes. By addressing critical repairs and accessibility barriers, the program reduces the risk of displacement and supports aging in place.

Home rehabilitation programs also preserve existing housing stock and help maintain neighborhood stability. In a high-cost housing market like Marin County, preserving existing affordable homeownership opportunities is an important component of maintaining long-term housing affordability.

Home Rehabilitation Program
Various locations throughout Marin County
(Approximately 10 households annually)
County Wide
CDBG $296,123.30

86.67 Homeward Bound of Marin
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Homeward Bound of Marin proposes to develop new affordable housing units specifically designed to serve formerly homeless seniors. The project will provide permanent supportive housing with access to supportive services that help residents maintain housing stability and improve overall well-being.

Funding requests would support development and construction costs associated with creating the housing units and related project infrastructure.

The project addresses the growing need for affordable housing for extremely low-income seniors experiencing homelessness. Seniors represent one of the fastest-growing populations experiencing housing insecurity in Marin County.

By providing stable housing combined with supportive services, the project helps seniors maintain long-term housing stability while reducing reliance on emergency shelters and other crisis services.

Affordable Housing for Homeless Seniors
77 Locust Avenue, San Rafael (28 units)
San Rafael
• CDBG $600,000
• HOME $700,000
• PLHA $900,000

89.75 Marin Foster Care Association
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
The Marin Foster Care Association proposes to rehabilitate the residential property located at 59 Ignacio Lane in Novato to provide transitional housing for youth aging out of the foster care system. The project will involve renovations and upgrades necessary to bring the property into compliance with building and safety standards and prepare it for residential occupancy.

Improvements may include interior repairs, accessibility upgrades, and general rehabilitation work needed to create a safe and supportive living environment.

Youth transitioning out of the foster care system face a significantly increased risk of housing instability and homelessness. Providing stable transitional housing helps these young adults build independence and access education, employment, and supportive services.

The project will create a safe housing environment that supports young adults as they transition to independent living and reduces the risk of homelessness among this vulnerable population.
59 Ignacio Ln Rehabilitation
59 Ignacio Lane, Novato (10 units)
Novato
CDBG $78,357.63

67.25 Pacific West Communities
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Pacific West Communities proposes the development of Shoreline Apartments, a new affordable rental housing development in Marin County. The project will provide 32 affordable rental units for low-income households and is being financed through a combination of public and private funding sources.

PLHA funding is requested as gap financing within the overall project capital stack and would help support construction costs and other development-related expenses necessary to complete the project.

Shoreline Apartments will increase the supply of affordable rental housing in Marin County and provide new housing opportunities for lower-income residents who face significant barriers in the local housing market.

By expanding the availability of affordable rental housing, the project supports housing stability, reduces overcrowding and displacement pressures, and helps ensure that Marin County remains accessible to residents across a range of income levels.

Shoreline Apartments (Mill Valley)
156 Shoreline Hwy, Mill Valley (32 units)
County Other
PLHA $900,000

72.67 Capital Improvement and
Community Infrastructure
FY 2026–27 Capital Improvement Funding Requests
The County received ten Capital Improvement applications requesting funding through the Community Development Block Grant (CDBG) program. These applications represent a range of facility and infrastructure projects, including building repairs, accessibility improvements, childcare and community facility upgrades, and planning for modernization of public facilities.

Collectively, the projects aim to maintain and enhance
community-serving facilities that support essential services such as healthcare, early childhood education, recreation, supportive housing, and programs for individuals with disabilities. The applications request a total of $1,519,036 in CDBG funding; however, only approximately $446,016.55 is available for capital improvement activities this year, demonstrating that demand for capital funding significantly exceeds available resources.

As a result, not all eligible and worthwhile projects can be funded.

The recommended allocations prioritize projects based on readiness, impact, and alignment with CDBG national objectives, ensuring that limited funds are directed to the highest-need and highest-impact activities.

Cedars of Marin
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Cedars of Marin plans to replace the roofs at two Cedars-owned group homes in Novato: the "Michele Circle" House at 101 Michele Circle and the "Ferris Drive" House at 1106 Ferris Drive. Both existing roofs are over 30 years old and have far exceeded the standard residential lifespan. The scope of work includes site protection and preparation, removing existing shingles, inspection and repair, and installing new roofing underlayment, flashing, composite shingles, high-profile ridge shingles, ventilation, and gutter guards. These improvements are necessary to maintain safe and functional facilities for the residents.

This project directly benefits 12 adults with developmental disabilities who are considered extremely low-income. Investments in these capital improvements will help preserve essential community infrastructure and ensure that Cedars can continue delivering residential services to these vulnerable populations. These renovations strengthen community resources and improve access to programs that promote stability, health, and opportunity for these Novato residents.

Cedars of Marin Roof Replacement
101 Michele Circle Novato, CA
Novato
CDBG $110,200.00

75.50 Community Action Marin
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Community Action Marin proposes to renovate two classrooms and an outdoor playground at the Hamilton Children’s Center in Novato. The project will replace flooring, cabinetry, countertops, appliances, lighting fixtures, ceiling tiles, and handwashing stations, and will include repainting and other interior improvements to modernize the classrooms. Outdoor improvements will include replacing poured-in-place playground safety surfacing, installing new age-appropriate play structures, and adding a secure storage area for playground equipment.

The renovations will improve the safety, accessibility, and functionality of the facility while supporting the continued delivery of early childhood education services. The Hamilton Children’s Center currently serves approximately 120 low-income families and children ages 0–5 through Community Action Marin’s early childhood education program.

The project supports affordable early childhood education for low-income families in Marin County, helping parents maintain employment while ensuring children receive high-quality educational and developmental support. Renovating the classrooms and playground will create a safer and more appropriate learning environment for infants, toddlers, and preschool-aged children.

Hamilton Children’s Center Renovation Project
7665 Redwood Blvd. Novato
Novato
CDBG $262,126.00

82.25 Fairfax–San Anselmo
Children’s Center
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Fairfax-San Anselmo Children’s Center proposes capital improvements to its childcare and early education facility serving families in the Ross Valley area. The project includes upgrades to interior classroom spaces and facility infrastructure to improve safety, functionality, and overall learning environments for children enrolled in the program.

The improvements will address aging building components and support the continued operation of early childhood education programs serving infants, toddlers, and preschool-aged children. Renovations will enhance the quality of the physical learning environment and ensure the facility remains safe, accessible, and suitable for early childhood programming.

The project supports affordable childcare and early education services for low- and moderate-income families in Marin County. Access to reliable childcare allows parents and caregivers to maintain employment, pursue education, and improve economic stability while ensuring children receive early developmental support.

By improving the facility, the project helps maintain a safe and high-quality environment where children can learn and develop during critical early years.

Investments in early childhood education facilities strengthen family stability and contribute to long-term educational and economic outcomes for children from low-income households.

Building Brighter Futures
199 Porteous Avenue Fairfax
County Other (Fairfax)
CDBG $250,000

79.33 Marin City Community
Services District
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
The Marin City Community Services District (MCCSD) proposes funding to complete a facilities conditions assessment and Phase 1 modernization planning for the Marguerita C. Johnson Senior Center and Manzanita Recreation Center. The project will fund architectural and engineering services to evaluate building systems and prepare permit-ready construction documents for future renovations.

The assessment will review structural, mechanical, electrical, plumbing, and accessibility systems and develop cost estimates and phased improvement plans. Key priorities include ADA-compliant restrooms, commercial kitchen upgrades, and other life-safety improvements. Completion of the planning work will allow MCCSD to advance construction using a $3 million State Parks grant.

The Senior Center and Manzanita Recreation Center serve as primary community facilities for Marin City residents, providing youth programs, senior meals, recreation, and community events. The facilities collectively serve an estimated 500–1,000 residents annually, many of whom are low-income.

The project is expected to benefit approximately 800 residents, including low-, very low-, and extremely low-income households.

By completing the planning and design needed for facility modernization, the project will support safer, more accessible community spaces that strengthen services and programs for Marin City residents.

Marin City CSD Facilities
630–640 Drake Avenue, Marin City
County Other (Marin City)
CDBG $70,000

76.25 Ritter Center
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Ritter Center is requesting CDBG funding to purchase and install essential medical equipment for its new integrated care facility at 800 A Street in San Rafael. While construction of the new facility is already funded, critical medical equipment needed to operate exam rooms and deliver primary care services remains unfunded.

The project will fund diagnostic and screening tools, point-of-care laboratory equipment, cardiac and respiratory testing devices, imaging and examination tools, and specialized women’s health equipment needed to operate the clinic. Completing this equipment installation will allow the medical clinic to open fully operational and provide integrated primary care services to vulnerable residents.

Ritter Center operates Marin County’s only Federally Qualified Health Center designated as a Health Care for the Homeless site, providing integrated medical, behavioral health, and care coordination services for extremely low-income residents and individuals experiencing homelessness.

The upgraded clinic is expected to serve approximately 2,575 low-income individuals annually, many of whom face significant barriers to accessing traditional healthcare.

Ensuring the clinic opens fully equipped will strengthen Marin County’s healthcare safety net, improve access to preventive and primary care services, and help reduce reliance on emergency medical systems.

Ritter Center Medical Clinic Upgrade
800 A Street, San Rafael
County Wide
CDBG $150,000
0 Homeward Bound of Marin
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Homeward Bound of Marin is requesting CDBG funding to complete critical repairs and improvements at the New Beginnings Center (NBC), an 80-bed emergency shelter serving adults experiencing homelessness in Marin. After more than two decades of continuous use, the facility requires significant maintenance to remain safe and functional.

The requested funds will support interior and exterior painting of the facility and the remodeling of six deteriorating restroom and shower facilities. Improvements include surface preparation and repainting of building components, plumbing upgrades, waterproofing, tile installation, fixture replacement, and code compliance work. These repairs will extend the life of the facility and maintain safe, sanitary conditions for residents and staff.

The New Beginnings Center is Marin County’s largest emergency shelter for unhoused adults and serves approximately 190 extremely low-income individuals annually.

Maintaining the facility ensures that individuals experiencing homelessness have continued access to safe shelter and supportive services while working toward stable housing. The improvements will help preserve a critical community resource that addresses homelessness and supports vulnerable residents in Marin County.

New Beginnings Center Infrastructure Repairs
and Improvements - 2026
1399 North Hamilton Parkway, Novato
County Wide
CDBG $249,710.00

92.75 Galilee Harbor Community
Association
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Galilee Harbor Community Association is requesting CDBG funding to repair and reinforce deteriorating dock pilings that support the floating housing community at Galilee Harbor in Sausalito. The marina infrastructure provides the structural support for the dock system where liveaboard vessels serving as housing are moored.

A recent marine survey identified pilings that require reinforcement to prevent structural failure. The proposed work would involve installing protective metal sleeves around the existing pilings using specialized maritime equipment and contractors.

These repairs will stabilize the dock infrastructure and preserve the structural integrity of the floating housing community.

Galilee Harbor provides affordable housing for 38 low-income households, including families, seniors, and individuals with disabilities.

Maintaining the dock infrastructure is essential to preserving this unique low-income housing community. Without the repairs, structural failure of the pilings could jeopardize the safety of the dock system and the housing it supports.

In addition to housing residents, the site also provides public waterfront access and supports maritime cultural activities that attract thousands of visitors each year.

Critical Infrastructure Repair – Galilee Harbor
300 Napa Street, Sausalito
County Other (Sausalito)
CDBG $120,000

57.50 Marin Shakespeare Company
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
Marin Shakespeare Company is requesting CDBG funding to complete ADA and safety improvements at the Forest Meadows Amphitheater located on the Dominican University campus in San Rafael. The project includes installing a concrete slab and railings in the wheelchair seating area and replacing deteriorating structural supports beneath the amphitheater's existing redwood bench seating.

These improvements will address aging infrastructure and accessibility limitations at the outdoor venue, helping ensure the amphitheater remains safe and usable for performances, educational programs, and community events.

The Forest Meadows Amphitheater hosts performances, student matinees, summer camps, and other cultural events that serve youth, families, and community members throughout Marin County. The organization estimates that approximately 9,000 lowand moderate-income individuals benefit annually through educational programming, scholarships, and reduced-cost access to performances.

The proposed improvements will enhance accessibility for individuals with disabilities and improve overall safety for visitors. Maintaining the amphitheater will help preserve a long-standing community cultural venue that provides arts education and community programming for Marin County residents.

Forest Meadows Amphitheater ADA
Improvements
890 Belle Avenue, San Rafael
San Rafael
CDBG $40,000

49.00 North Marin Community
Services
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
North Marin Community Services (NMCS) is requesting CDBG funding to replace worn and deteriorating flooring at its main community services facility located at 680 Wilson Avenue in Novato. The project will replace aging carpet, tile, and linoleum in the lobby, hallways, classrooms, bathrooms, mental health counseling rooms, and meeting spaces with modern, durable materials designed to improve safety and hygiene.

These upgrades will address deferred maintenance in the nearly 50-year-old facility and improve accessibility and functionality in spaces used for childcare, mental health services, and community programs.

The NMCS facility serves as a central hub for a range of community programs including childcare, mental health counseling, case management, and community outreach services. The project primarily benefits low- and moderate-income households, including many immigrant families and children participating in subsidized childcare programs.

Replacing the aging flooring will improve safety, cleanliness, and accessibility within program spaces used by families, children, and service providers. Maintaining the facility ensures NMCS can continue delivering essential services that support stability, well-being, and economic opportunity for vulnerable residents in North Marin.

NMCS Flooring
680 Wilson Avenue, Novato, CA
Novato
CDBG $60,000

76.67 City of San Rafael
Project Name:

Project Address:

Planning Area:

Funding Request:

Application Score:

Project Summary
Community Benefit
The City of San Rafael is requesting CDBG funding to support improvements to the outdoor learning environment at Pickleweed Preschool located in the Canal neighborhood. The preschool serves approximately 68 children each year through a free, state-funded early childhood education program designed for low-income families.

The City has committed significant funding through its Capital Improvement Program to replace aging preschool facilities. CDBG funds would support additional outdoor improvements including playground equipment, shade structures, paving, landscaping, and other site enhancements that support outdoor learning and play.

Pickleweed Preschool serves families in the Canal neighborhood, one of the most densely populated and lower-income areas of Marin County. The program provides free preschool services that help prepare children for kindergarten while supporting working families who may otherwise lack access to early education programs.

Investments in the outdoor learning space will improve safety, accessibility, and recreational opportunities for the children enrolled in the program. These improvements will support early childhood development and help maintain a welcoming and functional preschool facility for low- and extremely low-income families in the community.

Pickleweed Preschool Community
Infrastructure
40 Canal Street, San Rafael
San Rafael
CDBG $207,000.00

76.67 ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.c
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez, Human Resources
Director
City Manager Approval: ______________
TOPIC: REPORTING ON VACANT POSITIONS
SUBJECT: COMPLIANCE WITH ASSEMBLY BILL 2561 (2023-2024): REPORTING ON VACANCY

RATES AND ACTIONS TAKEN TO ADDRESS VACANCIES IN CITY DEPARTMENTS RECOMMENDATION:

Staff recommends that the City Council receive the staff report providing an update on the City of San Rafael’s vacancy rates in compliance with Assembly Bill (AB) 2561.

BACKGROUND:

Assembly Bill (AB) No. 2561, Chapter 409, was enacted during the 2023-2024 California legislative session and added Section 3502.3 to the Government Code. It requires local public agencies to report on vacant positions and the corresponding vacancy rates to increase transparency and accountability in public sector employment. The purpose of this staff report is to provide an update on the City of San Rafael’s vacancy rates in accordance with the requirements outlined in AB 2561.

AB 2561 requires local public agencies to track and report vacancy rates within a specific timeframe, ensuring that vacancy information is made publicly accessible. The intent of AB 2561 is to provide oversight, improve recruitment strategies, and address the potential impacts of vacant positions on public services.

This report outlines the City’s current vacancy rates, recruitment and retention efforts, and ongoing strategies to improve staffing stability and service delivery.

Key Provisions of AB 2561
• Vacancy Reporting Requirement: Beginning January 1, 2025, local public agencies are required to report the number of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. This reporting obligation requires the City to track job vacancies and present information such as the total number of vacancies, the positions with the longest vacancy durations, and the City’s recruitment and retention efforts. • Transparency: AB 2561 aims to enhance transparency in local government hiring practices by requiring public agencies to post vacancy information on their official website and other accessible platforms.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Reporting Frequency: Agencies are expected to report vacancy data at a regular cadence (e.g. quarterly or annually), depending on the local agency’s existing reporting procedures. • Impact of Vacancies on Public Services: AB 2561 emphasizes the need to assess and report how vacancies impact the delivery of public services. If a position remains vacant for an extended period, agencies are required to report the potential consequences, including any strain on remaining staff or disruptions in service provision.

Vacancies
Position vacancies are created for several reasons, including when newly budgeted positions are approved, when there is internal movement such as a promotion or transfer, or when an employee leaves the organization due to retirement, voluntary resignation, or involuntary termination.

On January 21, 2026, the City implemented a temporary hiring freeze as a fiscal management measure during the 2025–26 fiscal year. The hiring freeze suspended recruitment and hiring for currently vacant positions across all funds, with limited exceptions for critical public safety roles, including sworn personnel, dispatchers, lifeguards, and certain non-general fund seasonal positions necessary to support essential health and safety services. Positions already in the recruitment process at the time the freeze was enacted were not impacted. As of this writing, the hiring freeze remains and will be re-evaluated as part of the FY 2026–27 budget development process. As a result, vacancy rates reflected in this report are influenced in part by this intentional pause in hiring, which was implemented to support the City’s short-term fiscal management goals.

When vacancies occur, it is a high priority for the Human Resources Department and the City's hiring managers to fill them to ensure continuity of services, maintain operational efficiency, minimize overtime, and minimize disruptions to departmental functions. Timely recruitment and hiring efforts help the City sustain its workforce, meet community needs, and uphold service standards while also providing opportunities for internal growth and external talent acquisition.

Although AB 2561 now requires staff to present annually on the status of vacancies and efforts to recruit and retain staff, it has always been a priority for departments to fill vacancies as soon as reasonably possible.

The vacancy rate is calculated by the number of vacancies divided by the number of positions. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, AB 2561 requires the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. As of March 31, 2026, the vacancy rate for each bargaining group was under 20%:

Table 1: Vacancy Rate by Bargaining Group as of March 31, 2026 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
This data reflects the City’s ongoing efforts and, in part, the temporary impacts of the City’s hiring freeze during the reporting period.

The City’s Recruitment and Retention Efforts
The City of San Rafael has implemented the following recruitment and retention efforts:

1. Public Posting of Vacancies: All vacant positions are regularly posted via the City’s official website, with detailed information about job responsibilities, required qualifications, and application instructions. Additionally, vacancy information is shared via social media platforms to reach a wider pool of applicants. The City has leveraged several recruitment tools to reach a wide group of potential applicants and has encouraged them to apply for vacant positions, including in person attendance at local and regional job fairs and community events. These recruitment efforts align with the City’s commitment to diversity, equity, and inclusion, while ensuring a highly qualified pool of candidates. These efforts are currently limited due to the hiring freeze and will resume fully upon its conclusion.

2. Internal Policy and Tool Updates: The City has implemented a new Hiring Practices Policy and Recruitment Toolkit to standardize and enhance recruitment practices across all departments.

The updated policy defines clear roles and responsibilities for hiring managers, department directors, Human Resources staff, and interview panelists, and provides step-by-step guidance from requisition through onboarding. The Recruitment Toolkit includes structured resources such as recruitment definitions, links to supporting documents for hiring managers, guidance on inclusive and gender-neutral language in job announcement, and information on using behavioral and situational interview question aligned with the City’s DEIB principles and “Together San Rafael” values, standardized recruitment timelines, reference check and offer checklists, and onboarding guidance to support successful new employee integration. These tools are intended to improve consistency, fairness, and efficiency in hiring while reducing bias in selection processes and strengthening the overall candidate experience.

3. Tracking Vacancies: The City’s Human Resources Department has developed a system to track vacancy rates and duration, ensuring timely reporting in compliance with AB 2561.

4. Internal Review: The City has conducted an ongoing internal review of positions that have remained vacant for extended periods and plans to implement it. This includes evaluating the impact of vacancies on City services and prioritizing the recruitment and filling of critical vacancies. During the hiring freeze, this review process has been essential for evaluating exemption requests and identifying operational priorities.

5. Recruitment Process Improvement: The City continues to enhance recruitment practices through the implementation of the Hiring Practices Policy and Recruitment Toolkit. These resources are intended to streamline hiring timelines, improve consistency across departments, and strengthen equitable hiring practices. Prior to the implementation of the hiring freeze, the City has been tracking key performance metrics, including time-to-fill, applicant pool diversity, number of qualified applicants per recruitment, and hiring manager satisfaction, to assess the effectiveness of these improvements. Training for hiring managers will be provided to support effective use of these tools, including best practices for reducing unconscious bias, conducting structured interviews, and improving reference check procedures. These metrics will continue to inform ongoing evaluation and refinement of recruitment practices moving forward.

Implications and Challenges
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
While the City has made progress in addressing vacancies, several challenges remain:
• Retaining Top Talent: The City has taken a strategic approach to recruiting and filling previously vacant positions. As of March 31, 2026, the City’s average vacancy rate is 8%, the same percentage as of last year’s reporting from March 31, 2025. The priority continues to be retaining this talent and sustaining stable staffing levels into the future. • Budget Constraints: Funding for recruitment campaigns, and the costs associated with overtime or temporary staffing can present challenges. The City must balance filling vacancies with fiscal responsibility. The hiring freeze reflects proactive measures to manage budgetary constraints during the current fiscal year.
• External Labor Market Conditions: Competition for qualified candidates for certain classifications, such as public safety or specialized technical roles, has led to longer vacancies. Many government agencies are experiencing challenges in attracting interest in public service careers, highlighting an important opportunity to inspire and engage future talent. However, the City has committed to extended outreach via many communication channels to reach diverse talent. These challenges are further compounded in the short term by the hiring freeze, which limits the City’s ability to actively compete for talent in the labor market.

ANALYSIS:

To further enhance the City’s recruitment and vacancy management practices, staff are continuing to focus on the following:

1. Enhance Recruitment Efforts: Increase outreach and marketing for vacant positions by expanding the use of social media, community and professional networks, and specialized job boards to attract diverse candidates. This includes the use of professional recruiting platforms to support broader outreach, candidate identification, and engagement efforts.

2. Monitor Vacancy Impact: Regularly assess and report on how vacancies are affecting public services.

3. Review and Improve Hiring Processes: Streamline the recruitment process to reduce the time it takes to hire open positions to improve operational efficiency.

4. Provide Staff Support and Training: Train HR staff to better manage vacancy tracking, reporting, and addressing service gaps. This includes understanding how high job vacancies impact workers who are forced to handle heavier workloads can lead to burnout and increased turnover that further exacerbates staffing challenges.

The City’s updated Hiring Practices Policy and Recruitment Toolkit are key components of these efforts, providing standardized procedures, improving hiring consistency, and supporting equitable and efficient recruitment practices across all departments.

AB 2561 introduces important transparency and accountability measures for managing vacant positions in local government. The City of San Rafael is making significant strides in addressing the challenges posed by vacant positions. By enhancing recruitment efforts, focusing on critical vacancies, and streamlining processes, the City can maintain sufficient staffing levels to deliver high-quality public services.

FISCAL IMPACT:

There is no direct fiscal impact of this report; this report is for informational purposes.

RECOMMENDED ACTION:

City Council receive the staff report providing an update on the City of San Rafael’s vacancy rates in compliance with Assembly Bill (AB) 2561.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
ATTACHMENT:

1. Assembly Bill No.2561 Local Public Employees Vacant Positions Bill Text, including Government Code Section 3502.3

____________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.a
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager/Fire Department
Prepared by: Angela Robinson Piñon, Assistant City
Manager
Thomas Wong, Senior Management
Analyst II
City Manager Approval: __________
TOPIC: MARINWOOD COMMUNITY SERVICES DISTRICT AND SAN RAFAEL FIRE

DEPARTMENTS
SUBJECT: DISCUSS CURRENT CHALLENGES AND FUTURE OPPORTUNITIES FOR THE

PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES THROUGH

AMENDMENTS TO THE CURRENT SHARED SERVICES AGREEMENT,

TRANSITIONING TO FUTURE CONTRACT FOR SERVICES AND LONG-TERM COMPREHENSIVE REGIONAL SERVICE DELIVERY MODEL; AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO NEGOTIATE FUTURE OPPORTUNITIES TO DISCUSS EXECUTIVE SUMMARY:

The City of San Rafael and the Marinwood Community Services District (Marinwood CSD) have a longstanding shared services arrangement for the provision of fire and emergency medical services to Marinwood and the northern San Rafael area. Over time, increasing service demands, evolving best practices, and fiscal challenges have highlighted the need to explore alternative approaches to better meet the needs of this service area. This report provides historical context and outlines current operational challenges that form the basis for a potential framework for an incremental transition from the existing services agreement to a comprehensive and sustainable regional service delivery model.

Staff is seeking City Council feedback and direction on the proposed framework to address both shortand long-term operational needs, supported by a transition to a financially sustainable governance model.

RECOMMENDATION:

Staff recommends that the City Council provide feedback and policy direction regarding a proposed operational and fiscal framework; and direct staff to continue negotiations with Marinwood CSD and return, as a first step, with a finalized amended Service Agreement for Council consideration, and continued collaboration on the long-term goal of transitioning to a regional service delivery model.

BACKGROUND:

Marinwood Fire Department was established in 1960 as a department within the Marinwood Community Services District and operates a single station located at 777 Miller Creek Road. The department is staffed by nine sworn fire personnel and operates one Type 1 engine and one Type 3 engine. Marinwood CSD contracts with the County of Marin to provide fire protection services to County Service Area (CSA) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
13 and other County properties. The department is overseen by the Marinwood Fire Commission and the Marinwood Board of Directors and is primarily funded through property tax revenues and contracts for service.

The San Rafael Fire Department (SRFD) was established in 1874 as a department within the City of San Rafael and operates six stations throughout the City, two of which are staffed with full-time ambulances.

The department has 73 sworn fire personnel and operates a fleet that includes eight Type 1 engines, one Type 3 engine, one Type 6 engine, six ambulances, and two ladder trucks. The City of San Rafael contracts with the County of Marin to provide fire protection services to CSA 19 and provides emergency medical services to San Rafael, CSA 13, CSA 19, and Marinwood.

The City of San Rafael and Marinwood CSD have collaborated on fire protection services for over five decades.
• 1973: The agencies entered into their first Joint Powers Agreement (JPA), establishing a “boundary drop” system where the closest available unit responds regardless of jurisdiction. • 1979: Marinwood’s response area expanded into northern San Rafael. • 1994: The City closed Fire Station 53 following a study showing Marinwood Station 58 could provide equal or improved response times. The City began compensating Marinwood to support staffing at Station 58.
• 1998–2005: Payments to Marinwood increased, peaking at approximately $392,000 annually. • 2010: A joint study recommended consideration of a regional fire authority or a contract service model.
• 2014: The agencies entered into the current Shared Services Agreement, eliminating direct payments and instead exchanging services and resources. • 2018: The agreement was amended to include Chief Officer services provided by the City to Marinwood.

Today, the Shared Services Agreement remains in effect and includes the following provisions:
• City provides Chief Officers' services;
• Marinwood responds to San Rafael as needed;
• Closest-unit dispatch regardless of jurisdiction;
• Shared staffing and operational support;
• City-provided paramedic services, dispatch, and equipment; • Personnel exchanges between agencies.

The Marinwood Fire Department currently responds to over 900 calls annually within San Rafael— representing more than half of its total call volume. This number reflects many of the calls that Station 53 would have responded to before its 1994 closure.

When fully staffed as an Advanced Life Support engine, Marinwood Fire provides first-responder EMS services to northern San Rafael as the first engine.

ANALYSIS:

The current shared services model has provided operational efficiencies and improved response times; however, several challenges have emerged:

Operational Considerations
• Marinwood operates a single fire station and is vulnerable to staffing shortages. • Recruitment and retention of firefighter/paramedics are increasingly difficult statewide. • Lower compensation levels at Marinwood compared to neighboring agencies have contributed to staffing issues at Marinwood.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Staffing issues directly impact Marinwood’s ability to provide a timely response to the areas of San Rafael they cover.
• Limited paramedic availability at Marinwood increases reliance on San Rafael resources for medical calls.

Service Delivery Impacts
• Station 58 in Marinwood plays a critical role in serving northern San Rafael. • The 2024 Staffing and Resource Deployment Study, prepared by Emergency Services Consulting International (ESCI) for SRFD, found:
o Increased effective response when Station 58 is available; o High demand for multi-unit responses in key service zones; o Continued reliance on Marinwood resources for adequate coverage.

The Staffing and Resources Deployment Study is a standard industry practice, typically conducted every 10 years, to review staffing and delivery models. As part of the 2024 Study, the consultant analyzed SRFD’s response with and without Marinwood Station 58. ESCI recommended exploring long-term integration of Station 58 into San Rafael Fire Department operations to improve consistency and reliability for both the City and Marinwood CSD.

Regional Policy Context
Independent regional evaluations support a more integrated model for fire service delivery. The Marin Local Agency Formation Commission (LAFCo) completed a Municipal Services Review in 2019 and updated it in 2025, evaluating fire and emergency medical services across San Rafael, CSA 13, CSA 19, and Marinwood.

The 2019 Review found that San Rafael “in many ways, is functionally the fire service provider for the entire study area,” reflecting the City’s existing role in providing paramedic services, dispatch, and operational support across jurisdictional boundaries.

The 2025 update further recommends “a concerted effort be made towards the formal consolidation of the Marinwood Community Services District’s provision of fire and emergency medical services to the City of San Rafael.”
These findings reinforce the need for an amended Services Agreement as a first step toward a more sustainable, long-term, cost-effective regional service delivery model.

This transition contemplates the following incremental approach:
1) Amendment to the existing Service Agreement between the City of San Rafael and Marinwood CSD for Fire and EMS services (FY 2026-27).
2) Transition to a Contract for Services arrangement wherein Marinwood CSD contracts with the City of San Rafael for the provision of Fire and EMS Services (FY 2027-28). 3) Transition to a comprehensive regional service delivery model that transfers responsibility for fire and emergency medical services to a single entity serving northern San Rafael, Marinwood, CSA 13, and CSA 19
Phase 1 - Proposed FY 2026-27 Amendment to existing Service Agreement The proposed amendment would go into effect at the start of fiscal year (FY) 2026-27 and would achieve the following:
• Stabilize Marinwood staffing levels to ensure a high level of service to San Rafael residents; • Ensure consistent Advanced Life Support (ALS) capability; and • Maintain reliable response coverage in northern San Rafael.

While negotiations between the City of San Rafael and Marinwood CSD are still underway, key aspects of the proposed amendments are anticipated to include:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
• Marinwood CSD will no longer pay for Chief Officer services (approximately $116,000 annually). • The City of San Rafael will contribute $350,000 to Marinwood CSD to augment its existing fire services budget for FY 2026-27.
• Addition of a provision whereby, should the amended Services Agreement continue into FY 2027- 28, the City’s annual payment to Marinwood CSD would increase to $500,000, and be adjusted by an inflation index annually thereafter.
• Both parties also commit to moving towards reorganization of fire and EMS services to a comprehensive regional model.

Since both agencies retain their current staffing and existing operational areas, we do not believe that a review by Marin LAFCo is needed; however, we will confirm this with their staff.

Phase 2 – Contract For Services FY 2027-28 Phase 2 would occur in fiscal year (FY) 2027-28, and contemplates transitioning to a Contract for Services arrangement to include:
• San Rafael would assume staffing of Marinwood Station 58; • Marinwood would contract with the City for fire and EMS services; • Eligible Marinwood Fire Department personnel would be offered employment in the City of San Rafael Fire Department.
• Marinwood would provide funding in support of the Contract for Services, based on funding currently available to Marinwood CSD dedicated to fire services. • Annual funding contributions would increase based on one or more established indices or benchmarks.

Negotiations are also ongoing for this phase, with an anticipated start date for a new agreement of July 1, 2027. There are numerous considerations to be resolved, including but not limited to meeting and conferring as necessary with impacted labor groups and discussing with LAFCo.

Phase 3 – Comprehensive Regional Service Delivery Model Consistent with the recommendations from past studies, the parties envision ongoing collaboration toward a sustainable, comprehensive regional service delivery model for the provision of fire and EMS services for northern San Rafael and selected unincorporated areas of Marin County. This phase necessarily entails engaging with additional partners and stakeholders as well as involving a more extensive process and roll involving LAFCo.

In the short term, the proposed Amended Services Agreement for FY 2026-27 contemplates agreement from all parties to collaborate on any updated studies required to advance the long-term objective.

Next Steps and Timeline
Approval of the amendment to the existing shared service agreement is consistent with the City Council’s Three-Year Strategic Plan, specifically Objective F.2.5, which focuses on strengthening the City’s organizational effectiveness, service delivery systems, and long-term operational sustainability. The proposed amendment was also included in the City’s FY 2025-26 Work Plan.

The following is a brief overview of the timeline and next steps required to execute an amended shared services agreement:
• May 4, 2026 – presentation to City Council
• May 18, 2026 – Staff to include funding required to support the amended shared services agreement within the Proposed FY 2026-27 Budget being presented to the City Council. • May 2026 – Ad Hoc Marinwood CSD / City of San Rafael Subcommittee review final draft Amended Shared Services Agreement prior to forwarding to each governing body for consideration.
• June 1, 2026 – Staff to bring a resolution to authorize executing the Amended Shared Services agreement, for City Council consideration.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
• June TBD – Marinwood CSD Board to consider approving the Amended Shared Services agreement.
• July 1, 2026 – Amended shared services agreement goes into effect for FY 2026-27. • July 2026 – May 2027 – Parties negotiate Phase 2 of the agreement and begin to explore options to reorganize fire and EMS service delivery.
• June 2027 – Marinwood CSD and the City of San Rafael execute a Contract for Services agreement to replace and supersede the Shared Services Agreement. • July 1, 2027 – Contract for service goes into effect. Both parties continue to explore options to reorganize fire and EMS service delivery.

FISCAL IMPACT:

There is no fiscal impact associated with this informational report. However, a potential amendment to the shared services agreement would include financial adjustments intended to:
• Support full staffing at Marinwood Station 58;
• Ensure City is positioned to support future development in Terra Linda; • Avoid significantly higher costs associated with constructing and staffing a new City fire station in northern San Rafael;
• Provide cost-effective service delivery while maintaining high service levels.

Final fiscal impacts will be evaluated and described in the staff report presenting the finalized proposed agreement. Staff anticipates FY 2026-27 General Fund impact in the range of $400,000 to $500,000, which is within the range of fiscal impact assumed in the most recent budget forecast shared with the City Council in March.

OPTIONS:

The City Council has the following options to consider:

1. Approve staff’s recommended direction and authorize continued negotiations.

2. Provide direction with modifications to the proposed framework.

3. Direct staff to return with additional information before further action.

4. Take no action, maintaining the current agreement structure.

RECOMMENDED ACTION:

Staff recommends that the City Council provide feedback and policy direction regarding a proposed operational and fiscal framework; and direct staff to continue negotiations with Marinwood CSD and return, as a first step, with a finalized amended Service Agreement for Council consideration, and continued collaboration on the long-term goal of transitioning to a regional service delivery model.

ATTACHMENTS:

None