Agenda packet, regular meeting — San Rafael City Council, October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA
Regular Meeting
Monday, October 5, 2026 at 6:00 P.M.

San Rafael Council Chambers & Virtual
1400 Fifth Avenue, San Rafael, CA 94901
Virtual Participation:

Webinar: https://tinyurl.com/city-council-1
Phone: (669) 444-9171
ID: 863-4489-1398#
The City of San Rafael welcomes public participation and members of the public may participate in this meeting in-person, online via Webinar and by telephone. The meeting will be broadcast on Cable TV Channel 27, and live on YouTube www.youtube.com/cityofsanrafael.

Public comment is accepted during Open Time for Public Expression for matters not on the agenda and during each agenda item when invited by the Mayor. Speakers are generally allotted 2 minutes, although the Mayor may adjust the time based on the number of speakers. For assistance, contact the City Clerk’s Office at 415-485-3066 or [email protected].

To participate in person: When the Mayor invites public comment, approach or form a line at the podium and address the City Council.

To participate online, by phone, or in writing: To participate online, use the webinar link listed on this agenda and select “Raise Hand” when you wish to speak. To participate by phone, call the number listed on the agenda, enter the Webinar ID, and press *9 to raise your hand. When invited to speak, press *6 to unmute. Participants will be muted when their allotted speaking time has concluded. Written comments may be submitted to [email protected] by 4:00 p.m. before the meeting and will be provided to the City Council and made part of the record, any comments received after 4:00 p.m. will be provided to the City Council and made part of the record the following day.

If webinar service is disrupted, the meeting will be paused while staff works to restore access.

Updated participation information may be posted on the City’s Public Meetings webpage.

Disability Accommodations, Language Access and Interpretation: The City provides interpretation services upon request. Members of the public may submit a Request for Interpretation or contact the City Clerk’s Office by the Friday before the meeting. The City will make every effort to provide an interpreter when requested. Members of the public may also use their own interpretation services or devices.

Anyone needing an accommodation should contact the City Clerk’s Office. The City will use best efforts to provide reasonable accommodations to ensure accessibility in accordance with applicable laws and City procedures.

Meeting Decorum: The City welcomes and encourages public participation. Individuals whose conduct materially disrupts the meeting, whether participating in person or remotely, may be warned and, if the behavior continues, removed from the meeting in accordance with the City’s Disruptive Behavior in Public Meetings Policy.
2 OPEN TIME FOR PUBLIC EXPRESSION
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 arose after the agenda was posted. Each speaker may speak for up to two minutes. The Mayor may limit the total amount of time allocated for Open Time for Public Expression and may continue any remaining public comments to the end of the meeting.

Comments should be respectful to the community.

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

1. City Manager and Councilmember Reports:

CONSENT CALENDAR:

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

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special and Regular City Council Meetings of September 8, 2026 (CC)
Recommended Action - Approve Minutes as submitted
b. Conflict of Interest Code Update
Resolution Superseding Resolution No. 15339, Re-adopting the Fair Political Practices Commission Model Conflict of Interest Code as the City’s Conflict of Interest Code, and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to be Incorporated into the City’s Conflict of Interest Code (CC) Recommended Action - Adopt Resolution
c. Real Property Transfer Tax Budget Planning
Resolution Establishing Budget Planning Guidelines for Potential Real Estate Property Tax Revenues (CM)
Recommended Action – Adopt Resolution
d. Proclamations
Proclamations in Recognition of:
i. Cybersecurity Awareness Month
ii. Fire Prevention Week
Recommended Action – Receive and file
e. Temporary Street Closure for the Wildcare Ribbon Cutting Event Resolution Authorizing a Temporary Street Closure on Albert Park Lane (Between B Street and Lindaro Street) in San Rafael for the Wildcare Ribbon Cutting Event (CED) Recommended Action – Adopt Resolution
3 f. Information Technology Services Agreement Renewal
Resolution Authorizing the City Manager to Execute a General Services Agreement with Xantrion, Inc., for Information Technology Services from November 1, 2026, Through October 31, 2027, in an Amount Not to Exceed $1,245,000 (DS) Recommended Action – Adopt Resolution
g. Amendment to Contract with Adaptive Home Hardening for Additional Funding Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Contract with Adaptive Home Hardening LLC for the Vent Home Hardening Project (Contract No. 2026.0034), in an Additional Amount Not to Exceed $150,000, for a Total Amount Not to Exceed $250,000 and Appropriating $150,000 from Available Measure C: Wildfire Prevention Fund (Fund 242) Balance (FD)
Recommended Action – Adopt Resolution
h. Stormwater Pump Station Repair Agreement
Resolution Waiving Competitive Bidding Requirements and Authorizing the City Manager to Enter into a Maintenance Agreement with Pump Repair Service Company to Replace Two (2) Stormwater Pumps for an Amount No to Exceed $460,000 (PW) Recommended Action – Adopt Resolution
i. Lincoln Avenue Corridor Safety Improvements at Wilson Court and Brookdale Avenue Project
Resolution Authorizing an Amendment to the Contract with Altor Construction LLC (“Altor”) to Increase the Not-To-Exceed Contract Amount by $790, for a Total Not-ToExceed Contract Amount of $327,990; And Accepting Completion of the Lincoln Ave Corridor Safety Improvements at Wilson Ct and Brookdale Ave Project, City Project No.

C441145310, and Authorize the City Clerk to file the Notice of Completion (PW) Recommended Action – Adopt Resolution

OTHER AGENDA ITEMS

3. Other Agenda Items:
a. State of California Prohousing Designation
Resolution Authorizing Application to and Participation in the State of California’s Prohousing Designation Program (CED)
Recommended Action – Adopt Resolution
b. Exclusive Negotiating Agreement Regarding Affordable Housing Resolution Authorizing the City Manager to Enter into an Exclusive Negotiating Agreement with Eden Housing for Negotiation of a Disposition and Development Agreement for Affordable Housing at the Property Located at 350 Merrydale Road and 3833 Redwood Highway (Assessor’s Parcel Numbers 179-041-27 and 179-041-28) (Property) (CED)
Recommended Action – Adopt Resolution
c. Flooding Risks, Preparing for El Niño, and Emergency Declaration Presentation on Flood Risk, Preparedness, and Sea Level Rise; Resolution Proclaiming the Existence of a Local Emergency in the City of San Rafael Due to the Projected Impacts from El Niño During Winter 2026-2027 and Authorizing Necessary Actions to Prepare for and Respond to the Emergency, and Authorizing a Supplemental FY 2026-27 Budget Appropriation of $500,000 from the General Fund Emergency Reserve for Storm Preparation and Response (CM)
Recommended Action – Receive presentation and Adopt Resolution 4 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 agenda-related 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.

Minutes subject to approval at the Monday, October 5, 2026 City Council Meeting

Page 1 of 2 ends

SAN RAFAEL CITY COUNCIL MINUTES
Special Meeting
Tuesday, September 8, 2026 at 4:45 p.m.

City Hall, Third Floor Conference Room & Virtual
1400 Fifth Avenue, San Rafael, CA 94901
Virtual Participation:

Webinar: https://tinyurl.com/spcc-2026-09-08
Phone: +1 (669) 444-9171
ID: 819-5958-8679#

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

Absent: Councilmember Hill
Also Present: City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 4:45 p.m. and invited public comment on agenda items; however, there were none.

1. Board, Commission and Committee Interviews
Interview Applicants and Make Appointments to the Bicycle and Pedestrian Advisory Committee to October 2027 and the Planning Commission for District 3 to October 2030 (CC)
The City Council interviewed the following applicants for Bicycle & Pedestrian Advisory Committee: Robert Mittelstaedt, Tim Widnes, and Justin Fritz.

The City Council interviewed the following applicants for Planning Commission, District 3 Representative: Justin Fritz and Alyssa Mele.

Councilmember Bushey moved and Vice Mayor Kertz seconded to appoint Alyssa Mele to the Planning Commission, District 3 Representative to the end of October 2030.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Councilmember Bushey moved and Vice Mayor Kertz seconded to appoint Justin Fritz to the Bicycle & Pedestrian Advisory Committee to the end of October 2027.

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

Mayor Kate adjourned the meeting at 5:59 p.m.
______________________
LINDSAY LARA, City Clerk

APPROVED THIS __DAY OF____________, 2026

___________________________
KATE COLIN, Mayor
Minutes subject to approval at the Monday, October 5, 2026 City Council Meeting

SAN RAFAEL CITY COUNCIL MINUTES
Regular Meeting
Tuesday, September 8, 2026 at 6:00 P.M.

San Rafael Council Chambers & Virtual
1400 Fifth Avenue, San Rafael, CA 94901
Virtual Participation:

Webinar: https://tinyurl.com/city-council-1
Phone: (669) 444-9171
ID: 863-4489-1398#

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

Absent: Councilmember Hill
Also Present: City Manager Paul Navazio
Chief Assistant City Attorney Andrea Visveshwara
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:12 p.m. and invited City Clerk Lindsay Lara to call the roll. Councilmember Hill was absent.

Mayor Kate provided opening remarks which included gratitude to City Staff, recognition of the retirement of Parking Manager Jim Myhers after 13 years of service, how to participate in tonight’s meeting and decorum, and a land acknowledgment.

City Clerk Lindsay Lara informed the community that the meeting would be recorded and streamed live to YouTube and Zoom, and members of the public would provide public comment either inperson, by telephone or online, and she explained the process for community participation.

OPEN TIME FOR PUBLIC EXPRESSION
• Wayne Rayburn addressed the City Council regarding the 350 Merrydale Affordable Housing Subcommittee and the proposals for affordable housing.

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

1. City Manager and Councilmember Reports:

City Manager Paul Navazio provided the following announcements and updates:
• Friday, September 11, 2026, the 25th anniversary of 9/11 – A community remembrance event with the Fire Department and others to be held at Lauren Place on Fourth Street, 10 a.m. to 2 p.m.
• September is Emergency Preparedness Month
• Summer Movies in the Park
o Friday, September 11, Zootopia 2 at Sun Valley Park, festivities start at 6 p.m. o Friday, September 25, at Terra Linda Park
City Councilmember Reports:
• Vice Mayor Kertz reported on her CERT training completion. • Councilmember Llorens Gulati reported on a Canal Promise Neighborhood Steering 2 Committee meeting, a MCE Clean Energy Board of Directors meeting, a MCE Executive Committee meeting, a community tree planting event at Bahia Vista Elementary School, an informal grand opening at Golfery, a MCE Clean Energy workshop, a Nuestro Canal Nuestro Futuro stakeholder meeting, and a Quarterly Climate Action Forum meeting.
• Councilmember Bushey reported on a 350 Merrydale Subcommittee meeting, a San Rafael Sanitation District Board meeting, and a (new joint Community Center and Library) Measure P Subcommittee meeting.
• Mayor Kate reported on an Economic Development & Housing Subcommittee meeting, a Sonoma Marin Area Rail Transit (SMART) meeting, and a Change.org initial phase one report out regarding helping build civic engagement and civic muscle.

Mayor Kate invited public comment.

Speakers: Ken Dickinson, Name Withheld, Wayne Rayburn, Gregory Andrew CONSENT CALENDAR:

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

Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to approve the Consent Calendar.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Mayor Kate presented the Proclamation recognizing Suicide Prevention Awareness Month and Marin County Senior Program Coordinator for Suicide Prevention Kara Connors provided comments.

2. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special Closed Session and Regular City Council Meeting of August 17, 2026 (CC)
Approved Minutes as submitted
b. Proclamations
Proclamations in Recognition of:
i. Suicide Prevention Awareness Month
ii. Hispanic Heritage Month (CM)
Received and filed

SPECIAL PRESENTATIONS

3. Special Presentations:
a. County of Marin Office of Emergency Management City Council Brief (FD) Deputy Director of Emergency Management Quinn Gardner introduced Marin County Director of Emergency Management Steven Torrence and Emergency Management Coordinator Alex Maher who gave a presentation.

Staff responded to questions from the City Council.
3 Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

OTHER AGENDA ITEMS

4. Other Agenda Items:
a. Greenhouse Gas Inventory Report
San Rafael Greenhouse Gas Emissions Inventory and Greenhouse Gas Reduction Strategy Annual Report for 2024 (CM)
Sustainability Program Manager Cory Bytof and Marin Climate & Energy Partnership’s Sustainability Coordinator Christine O’Rourke presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Bill Carney, Sustainable San Rafael, Belle Cole Councilmembers provided comments.

Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to accept the San Rafael Greenhouse Gas Emissions Inventory and Greenhouse Gas Reduction Strategy Annual Report for 2024.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Accepted Inventory and Report
b. Fiscal Year 2025-26 Unaudited Results and Budget Amendments FY2025-26 Year-End Budget Update and Resolutions Authorizing Amendments to the City of San Rafael Budget for Fiscal Year 2025-26 for the Purposes of Confirming Authorized Appropriations and Transfers and Authorizing Amendments to the Fiscal Year 2026-27 Budget to Reflect Carry-Over of Available Unencumbered FY2025-26 Appropriations for Specified Purposes, Totaling $16,477,797 (Fin) City Manager Paul Navazio introduced Finance Manager Shawn Plate 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 Bushey moved and Vice Mayor Kertz seconded to accept the report presenting preliminary, FY2025-26 unaudited financial results for the fiscal year ended June 30, 2026.
4 AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Vice Mayor Kertz moved and Councilmember Llorens Gulati seconded to adopt the Resolution authorizing amendments to the FY 2025-26 Budget for the purpose of confirming authorized appropriations and transfers.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Adopted Resolution 15611
Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to adopt the Resolution authorizing amendments to the FY 2026-27 Budget to reflect carry-over of unencumbered FY 2025-26 appropriations for specified purposes, totaling $16,477,797.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Adopted Resolution 15612
ADJOURNMENT:

Mayor Kate adjourned the meeting at 8:44 p.m.
______________________
LINDSAY LARA, City Clerk

APPROVED THIS __DAY OF____________, 2026

__________________________________
KATE COLIN, Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.b
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ________ TOPIC: CONFLICT OF INTEREST CODE UPDATE
SUBJECT: RESOLUTION SUPERSEDING RESOLUTION NO. 15339, RE-ADOPTING THE

FAIR POLITICAL PRACTICES COMMISSION MODEL CONFLICT OF
INTEREST CODE AS THE CITY’S CONFLICT OF INTEREST CODE, AND

ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY’S

CONFLICT OF INTEREST CODE
RECOMMENDATION:

Adopt a resolution superseding Resolution 15339, re-adopting the Fair Political Practices Commission (“FPPC”) Model Conflict of Interest Code as the City’s Conflict of Interest Code, and adopting a revised list of designated employee positions and disclosure categories to be incorporated into the City’s Conflict of Interest Code.

BACKGROUND:

FPPC regulations require that, in every even-numbered year, each public agency review and, if necessary, revise that portion of the Conflict of Interest Code containing the agency’s lists of designated positions and disclosure categories by October 1st. These lists have been formulated using the criteria from FPPC regulations requiring that all local officials who foreseeably may materially affect their private financial interests through their public duties disclose their economic interests by filing a Statement of Economic Interest (Form 700). Some officials must file disclosure statements because of their position, and others are required to file because of their duties.

In compliance with this FPPC requirement, the City Clerk worked with City departments to review and, if necessary, revise their lists of designated positions and disclosure categories to reflect the City’s current organizational structure.

In addition, the FPPC has interpreted the Political Reform Act (PRA) to apply to members of those City boards and commissions with “decision-making authority,” as well as certain consultants. Boards and commissions are considered to have “decision-making authority” if, historically, the City Council has routinely adopted their recommendations. Consultants are considered “public officials” for purposes of the PRA if they either serve as staff members or make recommendations that the City routinely adopts. City departments provided updated information about the applicability of these regulations to their respective consultants as well as SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
their boards and commissions. That information has been used to update the Conflict of Interest Code. Everyone who is required to file for the first time will receive a copy of this staff report.

Copies of all statements of economic interest are kept on file in the City Clerk’s office for public review.

ANALYSIS:

The City Clerk’s Office collaborated with the department director team to determine which positions in their department should be either added or removed from the previously adopted list of designated employees. All recommended changes are included in Appendix A.

The disclosure requirements for the Mayor, City Councilmembers, City Manager, City Attorney, City Treasurer, and Planning Commissioners are set forth in Government Code sections 87200- 87210. They are not included in the City’s Code. These officials are covered under separate regulations, and their disclosure statements are filed with the FPPC in Sacramento, with copies kept on file in the City Clerk’s office for public review.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDED ACTION:

Adopt a resolution superseding Resolution 15339, re-adopting the Fair Political Practices Commission (FPPC) Model Conflict of Interest Code as the City’s Conflict of Interest Code, and adopting a revised list of designated employee positions and disclosure categories to be incorporated into the City’s Conflict of Interest Code.

ATTACHMENTS:

1. Resolution for adoption, including
a. Appendix A
b. Appendix B

2. Model FPPC Conflict of Interest Code (2 CCR Section 18730) 4895-8197-2955 v1
1 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUPERSEDING RESOLUTION NO. 15339, RE-ADOPTING THE FAIR POLITICAL

PRACTICES COMMISSION MODEL CONFLICT OF INTEREST CODE AS THE CITY’S CONFLICT OF INTEREST CODE, AND ADOPTING A REVISED LIST OF

DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, pursuant to California Government Code Sections 81000 et seq. (the Political Reform Act, or PRA), the City Council has adopted by Resolution from time to time the Fair Political Practices Commission’s (FPPC) model Conflict of Interest Code, contained in Title 2, California Code of Regulations, Section 18730, as the City’s Conflict of Interest Code, and adopted therewith designated employee positions and disclosure categories for incorporation into the City’s Conflict of Interest Code, most recently by Resolution No. 15339; and WHEREAS, every even-numbered year every state agency and local governmental agency is required to review and, if necessary, revise its Conflict of Interest Code, including reviewing and revising its list of designated employee positions and its list of disclosure categories, so as to incorporate such changes as the new titles of recently hired employees, deleted positions, and other organizational restructuring; and
WHEREAS, the City Council has determined that the attached Appendices A and B accurately set forth those designated employee positions (Appendix A - Designated Employees) and disclosure categories of financial interest (Appendix B - Disclosure Categories), which should be made reportable under the City’s Conflict of Interest Code; and WHEREAS, the City Council desires to continue to use the FPPC’s model Conflict of Interest Code, as set forth in Title 2, California Code of Regulations Section 18730, as the City’s Conflict of Interest Code, a copy of which is available for public review in the City Clerk’s office.

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

1. Resolution 15339 is hereby superseded by this resolution.

2. The FPPC’s model Conflict of Interest Code, as set forth in Title 2, California Code of Regulations Section 18730, is hereby re-adopted as the City’s Conflict of Interest Code by this resolution.

3. The attached list of designated employee positions (Appendix A) and list of disclosure categories (Appendix B) are hereby adopted and incorporated into the City of San Rafael’s Conflict of Interest Code.

4. The officials and employees holding designated positions shall file Statements of Economic Interests (Form 700) as required by regulations of the FPPC and by Section 5 of the City’s Conflict of Interest Code, with the City Clerk, and the City Council hereby delegates the authority of filing officer to the City Clerk.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the 21st day of September 2026 by the following vote, to wit:
4895-8197-2955 v1
2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
Attached:

1. Appendix A - Designated Employees

2. Appendix B - Disclosure Categories
1 APPENDIX A
Designated Employees
Position Disclosure
Category
All Departments
Associate Management Analyst………………………………………………………………… 1, 2 Management Analyst………………………………………………………………………………… 1, 2
Senior Management Analyst……………………………………………………………………... 1, 2 Administrative Analyst……………………………………………………………………............. 1, 2 Data Analyst……………………………………………………………………............................... 1, 2 Network Analyst……………………………………………………………………........................ 1, 2 City Attorney
Chief Assistant City Attorney…..……………………………………………………………….. 1, 2 Deputy City Attorney II…………………………………………………………………………….. 1, 2 City Clerk
City Clerk………………………………………………………………………………………………….. 1, 2
City Manager
Assistant City Manager…………………………………………………………………………….. 1, 2 Sustainability Program Manager……………………………………………………………….. 1, 2 Community Services Division Director……………………………………………………… 1, 2 Parking Services Manager……………………………………………………………………....... 1, 2 Parking Operations Supervisor…………………………………………………………………. 2, 3a, 3d, 3g Community & Economic Development
Community & Economic Development Director………………………………………. 1, 2 Assistant Community & Economic Development Director…………….…………. 1, 2 Economic Development Program Coordinator………………………………………….. 1, 2 Planning Manager…………………………………………………………………………………….. 1, 2 Senior Planner………………………………………………………………………………………….. 1, 2 Associate Planner……………………………………………………………………………………… 1, 2 Assistant Planner……………………………………………………………………………………… 1, 2 Senior / Code Enforcement Supervisor…………………………………………………….. 1, 2 2 Community & Economic Development
Code Enforcement Official III……………………………………………………………………. 1, 2 Code Enforcement Official II…………………………………………………………………….. 1, 2 Code Enforcement Official I……………………………………………………………………… 1, 2 Chief Building Official……………………………………………………………………………….. 1, 2 Deputy Building Official……………………………………………………………………………. 1, 2 Permit Services Coordinator…………………………………………………………………….. 1, 2 Permit Technician…………………………………………………………………………………….. 1, 2 Permit Services Supervisor……………………………………………………………………….. 1, 2 Housing Program Manager……………………………………………………………………….. 1, 2 Senior Building Inspector………………………………………………………………………….. 1, 2 Building Inspector II..………………………………………………………………………………… 1, 2 Building Inspector I…………………………………………………………………………………… 1, 2 Digital Service and Open Government
Director of Digital Service and Open Government…………………………………… 1, 2 Data & Infrastructure Manager…………………………………………………………………. 1, 2 Civic Design Manager……………………………………………………………………………….. 1, 2 Product Manager……………………………………………………………………………………… 1, 2
Finance Department
Accounting Manager………………………………………………………………………………… 1, 2
Principal Accountant………………………………………………………………………………… 1, 2 Senior Accountant……………………………………………………………………………………. 1, 2 Payroll Technician…………………………………………………………………………………….. 3a, 3c, 3g Fire Department
Fire Chief…………………………………………………………………….……………………………. 1, 2
Deputy Fire Chief……………………………………………………………………………………… 1, 2 Battalion Chief …………………………………………………………………………………………. 1, 2 Deputy Director of Emergency Management…………………………………………… 1, 2 Open Space/Hazard Coordinator……………………………………………………………… 1, 2 Wildfire Mitigation Specialist……………………………………………………………………. 2, 3d, 3e, 3g Wildfire Mitigation Project Coordinator……………………………………………………. 1, 2 Vegetation Management Specialist…………………………………………………………… 2, 3d, 3e, 3g 3 Human Resources
Human Resources Director……………………………………………………………………….. 1, 2 Human Resources Operations Manager……………………………………………………. 1, 2 Risk Manager…………………………………………………………………………………………….. 1, 2
Library and Recreation
Library and Recreation Director………………………………………………………………… 1, 2 Assistant Library and Recreation Director…………………………………………………. 1, 2 Senior Recreation Supervisor……………………………………………………………………. 3b, 3f, 3g Recreation Supervisor………………………………………………………………………………. 3b, 3f, 3g Supervising Librarian………………………………………………………………………………… 3b, 3f, 3g Police Department
Chief of Police………………………………………………………………………………………….. 1, 2 Police Captain ………………………………………………………………………………………….. 1, 2 Police Lieutenant………………………………………………………………………………………. 1, 2 Department of Public Works
Public Works Director………………………………………………………………………………. 1, 2 Assistant Public Works Director / City Engineer……………………………………….. 1, 2 Deputy Public Works Director………………………………………………………………….. 1, 2 Senior Civil Engineer…………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Assistant Civil Engineer…………………………………………………………………………….. 1, 2 Jr. Engineer………………………………………………………………………………………………. 3e, 3g Engineering Technician I…………………………………………………………………………… 3e, 3g Engineering Technician II………………………………………………………………………….. 3e, 3g Traffic Engineer………………………………………………………………………………………… 1, 2 Traffic Engineering Technician I………………………………………………………………… 3e, 3g Traffic Engineering Technician II……………………………………………………………….. 3e, 3g Street Maintenance Superintendent…………………………………………………………. 1, 2 Streets Maintenance Supervisor……………………………………………………………….. 1, 2 Parks Superintendent……………………………………………………………………………….. 1, 2 Parks Maintenance Supervisor………………………………………………………………….. 1, 2 Operations and Maintenance Superintendent…………………………………………… 1, 2 Operations and Maintenance Manager…………………………………………………….. 1, 2 4 Facility Repair Supervisor…………………………………………………………………………. 3d, 3e, 3f Shop & Equipment Supervisor………………………………………………………………….. 3d, 3e, 3f Senior Project Manager…………………………………………………………………………….. 1, 2 Sanitation District
District Manager / District Engineer…………………………………………………………. 1, 2 Principal Civil Engineer…………………………………………………………………………….. 1, 2 Sr. Civil Engineer………………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Jr. Engineer………………………………………………………………………………………………. 1, 2
Operations and Maintenance Manager ……………………………………………………. 1, 2 Sewers Maintenance Supervisor………………………………………………………………. 3d, 3e, 3f Sewer Maintenance Superintendent…………………………………………………………. 3d, 3e, 3f Consultants
Consultants **…………………………………………………………………………………………… 1, 2
** With respect to Consultants, the relevant department director may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department director shall forward a copy of this determination to the City Clerk. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code.

APPENDIX B
Disclosure Categories
Category 1: All investments and sources of income located in or doing business in the jurisdiction of San Rafael.

Category 2: All interests in real property in the jurisdiction of San Rafael or within 2 miles of the jurisdiction of San Rafael.

Category 3: Investments in business entities and sources of income of the type which have or foreseeably could contract with the City to provide services, supplies, materials, machinery, or equipment; or which could be enhanced when a designated employee makes or participates in making a decision.
a. Personnel agencies or personnel consultants;
b. Municode and Marin County newspapers;
c. Financial institutions;
d. Department record forms, communications equipment, safety equipment, firefighting or fire detection equipment, automotive or rolling stock sales, automotive parts or equipment, general departmental supplies or equipment; e. Building supplies or building, contractor, or construction firms; f. Travel agencies, recreation and athletic supplies, building maintenance and cleaning supplies;
g. Book, software, and audio-visual publishers and distributors; computer equipment manufacturers and distributors.

NOTE: PENALTY FOR LATE FILING:

As required under the Political Reform Act of 1974, as amended, section 91013, if any person files an original statement after any deadline, he shall be liable in the amount of $10.00 per day after the deadline until the statement is filed, up to a maximum of $100.00, whichever is greater.
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.c
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Paul Navazio,
City Manager
City Manager Approval: ______________
TOPIC: REAL PROPERTY TRANSFER TAX BUDGET PLANNING
SUBJECT: RESOLUTION ESTABLISHING BUDGET PLANNING GUIDELINES FOR POTENTIAL

REAL ESTATE PROPERTY TAX REVENUES
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution establishing budget planning guidelines for potential property transfer tax revenues, consistent with prior staff recommendation and City Council direction.

BACKGROUND:

Staff has expended considerable effort over the past year to develop strategies to ensure fiscal stability for the City, consistent with the Council’s Strategic Plan and annual workplans. These included development of a Fiscal Sustainability Framework, updating of five-year budget forecasts, presentation of a balanced budget (including significant cost-savings measures), planning for the extension/replacement of expiring voter-approved tax measures, and exploring options to provide increased revenues to address a growing list of unfunded needs.

A component of this work effort has focused on potential new revenue measures. Following preliminary discussions at both the Finance Subcommittee and the City Council (Jan-Mar), and subsequent analysis and feedback (April-June), at their meeting of July 20, 2026, the City Council took action to place a measure to increase the City’s existing Real Estate Property Transfer Tax before the voters at the November 2026 general election.

This agenda item has been prepared to seek formal City Council action establishing guidelines for the allocation of any increased tax revenues, consistent with the priority needs identified in the months-long process of developing the proposed revenue measure:
• Finance Subcommittee (see meetings of: January 20th, May 12th, and June 9th), and • City Council (see meetings of: February 2
nd, May 18th
, June 1
st
, June 15th, and July 20th).

The City Council has provided similar guidance in the past related to prioritizing General Fund tax revenues; specifically, actions taken to allocate 1/3 of the Measure E 0.75% Transaction and Use Tax revenues for Essential Facility capital improvements.

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

If approved by the voters at the November 2026 election, the City’s revenues collected through the Real Estate Transfer Tax are estimated to increase by roughly $6.0 million per year. Further, as a general purpose tax, the revenues collected represent discretionary General Fund revenues, subject to appropriation by the City Council through the annual budget process.

However, it should also be noted that should the voters approve the revenue enhancement measure at the November election, partial-year funding would become available in the current fiscal year. If this occurs, the City Council action related to the recommendations included in this staff report would provide the basis for future budget amendments to be presented for City Council consideration following the election. Any related budget amendments would be presented to the City Council at the first meeting in conjunction with the FY2026-27 First Quarter Budget Update, scheduled for November 16th (or December 7 th, depending on the timeframe for certification of election results.

As previously discussed, the priority needs that have consistently formed the basis for the City’s exploration of a potential revenue enhancement measure include infrastructure and public safety. The following funding allocations were presented to both the Finance Subcommittee and City Council in the course of finalizing the revenue measure recommendations.

Specifically, consistent with the allocations presented above, it is recommended that the City Council authorize, subject to approval by the voters, that revenues collected from any increase in the Real Estate Property Transfer Tax be allocated as follows:

Category / Priority
Share of Incremental Tax
Est./Yr. ($) % Split
Tax Rate
Factor
Capital Infrastructure & Deferred Maintenance Projects $4,000,000 2/3rd = 67% 0.53% Funding Need/Priority
Infrastructure $ 4,000,000
Streets/Roads - Pavement Maintenance 2,000,000
Sidewalks
Bike/Ped Safety Improvements
Parks - Deferred Mainetnance/Replacement 1,000,000
Building/Facilities - Deferred Maintenance 1,000,000
Public Safety $ 2,000,000
SRPD Permanent Funding for SAFE Team / Expanded Hours 800,000 Alternative Response to Calls For Service
Community Service Officers 500,000
Relief to sworn police officers / response
Downtown and low-level service response
SRFD
Additional Ambulance (Paramedic) Unit (1 of 2 needed) 700,000 Address cross-staffing at two stations
Improved Response times for Fire/EMS calls
$ 6,000,000
Property Transfer Tax (Increase)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Streets/Roads $2,000,000
Park Improvements $1,000,000
Building / Facilities $1,000,000
Public Safety $2,000,000 1/3rd = 33% 0.27%
SAFE Team (recurring funding) $800,000
Community Services Officers (new) $500,000
Ambulance Unit (new) $700,000
Totals ($ est.) $6,000,000 100% 0.80%
In addition to the recommendations related to primary funding allocations, it is also recommended that staff be directed to work with the Voter-Approved Tax Oversight Committee to consider how best to track incremental revenues and expenditures related to the proposed revenue measure to facilitate and promote transparency and accountability.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report. However, the recommendations contained in this report would impact future budget allocations for incremental general purpose tax revenues, subject to approval by the voters at the November 2026 election.

OPTIONS:

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

1. Adopt resolution, as presented

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING BUDGET PLANNING

GUIDELINES FOR POTENTIAL REAL ESTATE PROPERTY TAX REVENUES WHEREAS, the City Council of the City of San Rafael ("City Council") has directed staff to develop strategies to ensure the long-term fiscal stability of the City, consistent with the City Council's Strategic Plan and annual workplans; and
WHEREAS, in furtherance of this direction, staff has undertaken a comprehensive fiscal stability effort over the past year, including development of a Fiscal Sustainability Framework, updates to the City's five-year budget forecasts, adoption of a balanced budget incorporating significant cost-savings measures, planning for the extension or replacement of expiring voterapproved tax measures, and exploration of options to address a growing list of unfunded needs; and
WHEREAS, as a component of this effort, the City Council and its Finance Subcommittee engaged in a months-long process to evaluate potential new revenue measures, including discussions at Finance Subcommittee meetings held on January 20th, May 12th, and June 9th, 2026, and at City Council meetings held on February 2nd, May 18th, June 1st, June 15th, 2026, and July 20th; and
WHEREAS, at its meeting of July 20, 2026, the City Council took action to place a measure before the voters at the November 2026 general election to increase the City's existing Real Property Transfer Tax (the "Measure"); and
WHEREAS, throughout the process of developing the Measure, the priority needs identified by the Finance Subcommittee and the City Council have consistently centered on infrastructure and public safety; and
WHEREAS, if approved by the voters, revenues generated by the Measure are estimated to increase City revenues by approximately $6.0 million per year, and, as a general purpose tax, such revenues would constitute discretionary General Fund revenues subject to annual appropriation by the City Council; and
WHEREAS, should the voters approve the Measure at the November 2026 election, partial-year funding may become available in the current fiscal year, in which case this Resolution shall provide the basis for future budget amendments to be presented for City Council consideration in conjunction with the FY2026-27 First Quarter Budget Update, scheduled for November 16th, or at the meeting of December 7th, contingent on the timing for certification of election results; and
WHEREAS, under Vargas v City of Salinas (2009) 46 Cal.4th 1, the City Council may provide guidance to staff on how to implement a proposed measure if passed by the voters for planning purposes, and the City Council has previously provided similar guidance regarding the prioritization of General Fund tax revenues, including its action to allocate one-third of Measure E 0.75% Transaction and Use Tax revenues to Essential Facility capital improvements; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the foregoing recitals are true and correct and are incorporated herein by this reference; and BE IT FURTHER RESOLVED, that, subject to and contingent upon approval by the voters of the Measure at the November 2026 general election, the City Council hereby establishes the following budget planning guidelines for the allocation of incremental revenues collected from the increase in the Real Property Transfer Tax:

Category / Priority
Share of Incremental Tax
Est./Yr. ($) % Split
Tax Rate
Factor
Capital Infrastructure & Deferred Maintenance Projects $4,000,000 2/3rd = 67% 0.53% Streets/Roads $2,000,000
Park Improvements $1,000,000
Building / Facilities $1,000,000
Public Safety $2,000,000 1/3rd = 33% 0.27%
SAFE Team (recurring funding) $800,000
Community Services Officers (new) $500,000
Ambulance Unit (new) $700,000
Totals ($ est.) $6,000,000 100% 0.80%
BE IT FURTHER RESOLVED, that the allocation guidelines set forth above are intended to reflect the City Council's policy priorities and shall inform, but not bind in a manner that eliminates the City Council's discretion over, the annual budget process; the City Council retains full authority and flexibility to appropriate incremental revenues to the highest priority needs within and among the categories identified above through the annual budget adoption and amendment process; and
BE IT FURTHER RESOLVED, that staff is directed to work with the City's Voter-Approved Tax Oversight Committee to develop a methodology for tracking incremental revenues and related expenditures associated with the Measure, in order to promote transparency and accountability to the public; and
BE IT FURTHER RESOLVED, that, in the event the Measure is approved by the voters and partial-year revenues become available during the current fiscal year, this Resolution shall serve as the policy basis for future budget amendments to be presented to the City Council for consideration following certification of the election results; and BE IT FURTHER RESOLVED, that the City Clerk is directed to transmit a copy of this Resolution to the City Manager and Director of Finance for implementation.

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 5
th day of October 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
Cybersecurity Awareness Month
WHEREAS, the City of San Rafael recognizes that it plays a vital role in identifying, protecting its residents from, and responding to cybersecurity threats that may have a significant impact on our individual and collective safety and privacy; and
WHEREAS, critical infrastructure (i.e., financial services, educational institutions, energy, telecommunications, transportation, utilities, health care, and emergency response systems, etc.) is increasingly reliant on the support of information systems and technology; and
WHEREAS, cybersecurity training and awareness are crucial for everyone, including small businesses, financial institutions, schools, government agencies, non-profit organizations, home users, and anyone who connects to the internet, be it with a computer, mobile phone, or other internet-connected device; and WHEREAS, monitoring your accounts, being conscientious of what you share online, keeping computer software up to date, creating unique passwords and changing them regularly, installing antivirus programs and firewalls, and using mobile devices and other internet-connected devices safely, are ways people and organizations can protect themselves from phishing, viruses, ransomware, other types of malware, financial loss, and loss of sensitive data; and
WHEREAS, the Mayor and City Council are dedicated to the implementation and success of Cybersecurity Awareness Month, to help the community of San Rafael stay safe online and connect with confidence; and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael do hereby proclaim the Month of October 2026, Cybersecurity Awareness Month, and in doing so, encourage all residents to take steps to safeguard their personal devices, technology, and data — including by using stronger passwords and multifactor authentication, reporting fraudulent emails, backing up critical data, and regularly updating software.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
Fire Prevention Week 2026
WHEREAS, historically, one week every October is known as Fire Prevention Week and is intended to help raise awareness of the risks of various types of fires; and WHEREAS, this year, Fire Prevention Week will be held from Sunday, October 4 to Saturday, October 10; and
WHEREAS, Fire Prevention Week was started by the National Fire Protection Association in 1922 to commemorate the Great Chicago Fire of 1871; and WHEREAS, the Great Chicago Fire burned between October 8th to October 10th, and killed over 300 residents and destroyed over 17,000 buildings, with damages totaling $4.484 billion in today’s dollars; and
WHEREAS, Fire Prevention Week is the longest-running public health observance in our country; and
WHEREAS, Fire Prevention Week teaches children and adults how to stay safe in the event of fire; and
WHEREAS, residential fires are the leading cause of injury and death and can affect anyone regardless of age, gender, race, orientation, income level, religion or background; and
WHEREAS, this year’s fire prevention theme is Charge into Fire Safety – Safe Charging is a Superpower; and
WHEREAS, the theme focuses on everyday charging habits that can help reduce the risk of lithium-ion battery fires and keep homes and communities safer—Plug in.

Power up. Stay safe.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael do hereby proclaim the week of October 4 through October 10, 2026, as Fire Prevention Week and, in doing so, urge all residents and community members to take the steps, guidance, and measures necessary to charge lithium-ion batteries with caution and care.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 2.e
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: Micah Hinkle, Director, Community
& Economic Development
Sullina D. Smith, Senior
Management Analyst II
Alex Holm, Police Lieutenant
City Manager Approval: ______________
TOPIC: TEMPORARY STREET CLOSURE FOR THE WILDCARE RIBBON CUTTING EVENT SUBJECT: RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE ON ALBERT

PARK LANE (BETWEEN B STREET AND LINDARO STREET) IN SAN RAFAEL FOR

THE WILDCARE RIBBON CUTTING EVENT
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing a temporary street closure on Albert Park Lane (between B Street and Lindaro Street) in San Rafael for the WildCare Ribbon Cutting Event.

BACKGROUND:

Under California Vehicle Code Section 21101(e), a local authority may, by resolution, temporarily close portions of public streets for celebrations, parades, or local special events when such closures are necessary to protect the safety of participants and the public.

The City of San Rafael has received a special event permit application for the WildCare Ribbon Cutting Event, a gathering to celebrate the completion of WildCare’s new facility at 76 Albert Park Lane. This event requires temporary street closures and parking restrictions to safely accommodate setup, event operations, pedestrian circulation, and breakdown.

The applicant has submitted materials for the proposed event, and staff is working to ensure all requirements are met before final authorization. If Council approves the temporary street closure, City staff will finalize the application and authorize the special event permit.

ANALYSIS:

The proposed special event temporary street closure is as follows:

Event Name: WildCare Ribbon Cutting Event
Event Date and Time: Saturday, November 14, 2026, from 10:00 a.m. to 12:00 p.m.

Street Closure Time: Saturday, November 14, 2026, from 7:00 a.m. to 3:00 p.m.

Closure Location: Albert Park Lane, from B Street to Lindaro Street SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
City departments, including Police, Fire, Public Works, and Parking Services, have reviewed the proposed temporary street closure and determined that it is appropriate and necessary. Traffic control, barricades, and emergency access will be coordinated to ensure public safety.

COMMUNITY OUTREACH:

The public will be notified of the temporary street closure through several outreach channels, including this staff report, no-parking signs posted 72 hours before the event, and road closure signage displayed on the day of the event.

FISCAL IMPACT:

The WildCare Ribbon Cutting Event requires City services that generate costs related to the temporary street closure, including Public Works support and Parking Services operations. The estimated City cost to support this event is approximately $285.

Beginning in fiscal year 2026-27, the City Council approved a dedicated Special Event Sponsorship budget of $50,000 to support City-related costs associated with special events. The estimated $285 cost for this event falls within the approved appropriation, and no additional departmental budget impact is anticipated.

OPTIONS:

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

1. Adopt the resolution as presented.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING A TEMPORARY

STREET CLOSURE ON ALBERT PARK LANE (BETWEEN B STREET AND LINDARO

STREET) IN SAN RAFAEL FOR THE WILDCARE RIBBON CUTTING EVENT WHEREAS, California Vehicle Code Section 21101(e) authorizes a local authority by resolution to temporarily close streets for celebrations, parades, or local special events when such closures are necessary for the safety and protection of participants and the public; and WHEREAS, the City of San Rafael has received a Special Event Permit application for the WildCare Ribbon Cutting Event on Saturday, November 14, 2026; and WHEREAS, the special event requires a temporary street closure and parking restrictions to safely accommodate event setup, operations, pedestrian circulation, traffic control, and breakdown activities; and
WHEREAS, City departments, including Police, Fire, Public Works, and Parking Services, have reviewed the proposed temporary street closures and determined they are appropriate and necessary to ensure public safety and emergency access; and WHEREAS, the temporary street closure is described in detail in the Staff Report accompanying this Resolution, and the City will provide public notice of the closures through advance signage and other appropriate outreach methods.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes as follows:

1. That all the above findings are true and correct; and

2. That pursuant to the authority granted under California Vehicle Code Section 21101(e), and in the interest of public health, safety, and welfare, the City Council hereby authorizes the temporary closure of the listed streets for the locations and dates described in the Staff Report accompanying 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 5
th day of October 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________________
Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: October 5, 2026
Disposition:

Agenda Item No: 2.f
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Digital Service & Open Government
Prepared by: Sean Mooney, Director City Manager Approval: ______________ TOPIC: INFORMATION TECHNOLOGY SERVICES AGREEMENT RENEWAL SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICES AGREEMENT WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2026, THROUGH OCTOBER 31, 2027, IN AN AMOUNT NOT TO EXCEED $1,245,000
RECOMMENDATION:

Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a general service agreement with Xantrion, Inc., for information technology services from November 1, 2026, through October 31, 2027, in an amount not to exceed $1,245,000.

BACKGROUND:

In May 2019, the Department of Digital Service and Open Government published a Request for Proposals for a managed-service provider to address the City’s information technology systems and assembled an evaluation team with representatives from the Police, Fire, Library & Recreation, and Public Works departments. The City received eight proposals. At the end of the evaluation process, Xantrion was selected as the preferred vendor to partner with the City by providing the following services:
• Technical support (“help desk”)
• Network, server, and database administration
• Equipment purchasing
• User account management
• Data backup and recovery
• Network monitoring and security
At the October 7, 2019 City Council Meeting, the City authorized an agreement with Xantrion for managed information technology (IT) services across all City departments. The City Council has approved renewing that one-year agreement for the past six years.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In the seven years since the City established IT managed service support with Xantrion, they have helped the City enhance cybersecurity posture, support network projects and Citywide network resilience, streamline day-to-day technical support, improve customer service, and standardize user management and purchasing. As of September 1, 2026, Xantrion has resolved 3,072 support tickets since September 1, 2025. Xantrion continues to provide the City with a high-quality level of service, with an average acknowledgment time of 6.81 minutes and a median acknowledgment time of 1 minute. The average resolution time for a ticket was 8.37 hours, and the median resolution time for tickets during this time period was 1.63 hours.

In the last year, Xantrion has completed the following IT projects that support both regular operations and align with City Council strategic goals in the High Performing Government priority area:
• Proactive computer replacement - Replaced 85 end-of-life computers and worked with staff to migrate their software, files, and settings to the new systems. • Migrated the City’s virtualization infrastructure – Converted approximately 75 production servers from VMware to Hyper-V, reducing annual software costs by $46,000 after VMware increased annual costs by 117%.
• Facility network migrations - Migrated San Rafael Community Center to City-owned fiber infrastructure for internet connectivity and added redundant connections with alternate service providers.
• Audio/Video project network support - Implemented the AV networking requirements for the Emergency Operations Center, Council Chambers, and Conference rooms • San Rafael Sanitation District technology migration discovery - Performed discovery project to determine the requirements of separating the San Rafael Sanitation District’s IT services and infrastructure from the City. The separation is currently in progress. • .Gov transition planning - Performed a discovery project to determine the requirements of meeting California Assembly Bill 1637, changing the City’s domain from .org to .gov. The migration is currently in progress and scheduled for late October 2026. • Facility security virtual servers - Virtualized the Lenel enterprise facility physical access control server that was end of life.
• Trusted Device Policy implementation - Implemented Trusted Device policy for City-owned computers and accounts to improve cybersecurity by reducing opportunities for phishing from non-City-owned PCs.
• Wireless Access Point replacement - Replaced approximately 100 end-of-life wireless access points at all facilities
• Laserfiche migration support - Migrated on-premises Laserfiche servers to the SaaS equivalent • Governance, Risk, and Compliance – Created policies, incident response, and disaster recovery plans
• Configured Single Sign-On (SSO) for the following systems:
o APBnet
o ClearRisk
o Everlaw
o Laserfiche
o OpenGov
• Remote Desktop Update - Upgraded Remote Desktop Server farm from Windows Server 2019 to 2022
• ERP migration support – support for user management and cloud administration for ERP financials migration.

ANALYSIS:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The existing November 1, 2025 – October 31, 2026, agreement with Xantrion costs $1,207,200. Xantrion has proposed a 3.13% increase in monthly fees to accommodate increases in operational costs related to the Consumer Price Index and inflation. The monthly fee is based on 450 active users at $215 per user. Monthly costs within the City’s agreement also include backups of City data (approximately 60 terabytes) and a managed Security Information and Event Management (SIEM) system, which helps detect, analyze, and respond to potential security threats.

The proposed renewal is for one year, beginning November 1, 2026, and ending October 31, 2027.

Xantrion’s service pricing remains competitive, and service levels and customer satisfaction with City staff remain high. Providing an equal level of service through internal IT support would require a significant increase in full-time employees dedicated to IT services equaling or exceeding the costs of the current agreement.

Nov 2025–Oct 2026 Nov 2026–Oct 2027
(3.13% increase)
Annual Cost $1,207,200 $1,245,000
FISCAL IMPACT:

The total amount of the proposed new agreement is $1,245,000. Because the agreement spans two fiscal years, $830,000 (November 2026 through June 2027) is funded within the approved Fiscal Year (FY) 2026-27 budget through appropriations within the Technology Fund, and the remaining $415,000 (July through October 2027) will be included in the proposed FY 2027-28 Technology Fund budget.

OPTIONS:

The City Council has the following options to consider:

1. Authorize the City Manager to execute a general service agreement with Xantrion, Inc., for information technology services from November 1, 2026, through October 31, 2027, in an amount not to exceed $1,245,000.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution

2. Xantrion General Service Agreement

3. Xantrion General Service Agreement Addendum
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2026, THROUGH OCTOBER 31, 2027, IN AN AMOUNT NOT TO EXCEED $1,245,000
WHEREAS, the City of San Rafael requires ongoing technical assistance with the administration and support of its technology systems in order to maintain their operational effectiveness and respond to departments’ requests for services (“information technology services”); and
WHEREAS, Xantrion, Inc. (“Xantrion”) is an experienced provider of managed information technology services and has successfully been providing such services to the City for the past seven years; and Xantrion is willing to continue to provide information technology services to the City; and
WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.D, professional services are exempt from competitive bidding; and
WHEREAS, the City desires to enter into a renewed agreement with Xantrion to provide information technology services to the City for a one-year term beginning November 1, 2026, and ending October 31, 2027; and
WHEREAS, City funds in the amount of $830,000 are budgeted and available for expenditure in the Fiscal Year (FY) 2026-27 Technology Fund, and the remaining $415,000 is subject to appropriation in the FY 2027-28 Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a General Service Agreement with Xantrion, Inc., for information technology services from November 1, 2026, through October 31, 2027, in an amount not to exceed $1,245,000 of which $830,000 is budgeted in FY 2026-27 and the remaining $415,000 is subject to appropriation in FY 2027-28, with the remainder pending approval for Fiscal Year 2027-28, in the form included with the Staff Report for the City Council’s October 5, 2026 regular meeting, subject to final approval 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 San Rafael City Council held on Monday, the 5th day of October 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
866.926.8746 1 www.xantrion.com
15834843.4

GENERAL SERVICE AGREEMENT
XANTRION INC.

AND

CITY OF SAN RAFAEL

866.926.8746 2 www.xantrion.com
15834843.4

TABLE OF CONTENTS
1 Services ................................................................................................................................................. 4

1.1 Statement of Work ....................................................................................................................... 4

1.2 Personnel ...................................................................................................................................... 4 2 Terms of Payment ................................................................................................................................. 4

2.1 Services Fees; Equipment and Software Costs ............................................................................. 4

2.2 Overdue Payments........................................................................................................................ 5

2.3 Taxes ............................................................................................................................................. 5 3 Term, Termination ................................................................................................................................ 5

3.1 Term .............................................................................................................................................. 5

3.2 Termination for Convenience ....................................................................................................... 5

3.3 Termination for Cause .................................................................................................................. 5

3.4 Effect of Termination .................................................................................................................... 6

3.5 Survival. ......................................................................................................................................... 6 4 Equipment, Software and Supplies ....................................................................................................... 6

4.1 Equipment; Software; Supplies ..................................................................................................... 6

4.2 Limited Warranty .......................................................................................................................... 7 5 Independent Contractor Status ............................................................................................................ 7 6 Non-Solicitation .................................................................................................................................... 7 7 Unauthorized Access to Data or Use of the Services ............................................................................ 7 8 No Warranties; Limitations of Liability; Indemnification ...................................................................... 8

8.1 No Warranties ............................................................................................................................... 8

8.2 Limitation of Liability .................................................................................................................... 8

8.3 Indemnification ............................................................................................................................. 8 9 Confidentiality ....................................................................................................................................... 9

9.1 Definition ...................................................................................................................................... 9

9.2 Confidentiality ............................................................................................................................... 9

9.3 Access to Systems ......................................................................................................................... 9 10 Compliance ......................................................................................................................................... 10

10.1 Protection of Personally Identifiable Information ...................................................................... 10

10.2 Compliance with Laws Applicable to Client ................................................................................ 10

10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements......... 11 11 Security Incident Response ................................................................................................................. 11

11.1 Obligations .................................................................................................................................. 11

11.2 Disclaimer ................................................................................................................................... 11 13 Other Insurance Provisions ................................................................................................................. 12 14 Harassment Free Workplace; Nondiscrimination ............................................................................... 13 15 Miscellaneous ..................................................................................................................................... 13

15.1 Notices ........................................................................................................................................ 13

15.2 Governing Law ............................................................................................................................ 13

15.3 Remedies .................................................................................................................................... 13

15.4 Dispute Resolution; Attorney’s Fees ........................................................................................... 13

15.5 Force Majeure ............................................................................................................................. 15 866.926.8746 3 www.xantrion.com
15834843.4

15.6 Headings ..................................................................................................................................... 15

15.7 Severability ................................................................................................................................. 15

15.8 No Waiver ................................................................................................................................... 15

15.9 No Assignment ............................................................................................................................ 15

15.10 City Business License / Other Taxes. ........................................................................................... 16

15.11 Entire Agreement; Modification ................................................................................................. 16 16 Counterparts ....................................................................................................................................... 17 Exhibit A -Addendum To The General Service Agreement Information Technology Services 19 866.926.8746 4 www.xantrion.com
15834843.4

GENERAL SERVICE AGREEMENT
This General Service Agreement, including any attachments referenced herein and made a part hereof (this “Agreement”), is entered into as of November 1, 2026 (the “Effective Date”), by and between Xantrion, Inc., a California corporation (“Xantrion”), with offices at 3675 Mount Diablo Blvd, Suite 100B, Lafayette, CA 94549, and City of San Rafael with offices at 1400 Fifth Avenue, San Rafael, CA 94901 (“Client”). 1 Services

1.1 Statement of Work
Xantrion shall provide the services (the “Services”) as described in the Addendum To The General Service Agreement Information Technology Services of even date herewith, attached as Exhibit A hereto and incorporated herein by reference ("Addendum"). The Services shall be performed and delivered in a workmanlike manner in accordance with generally recognized industry standards for computer consultants performing similar services.

1.2 Personnel
Xantrion, acting as an independent contractor, shall engage employees, consultants, or subcontractors (“Xantrion Personnel”) to provide the Services specifically outlined in the Addendum, and Xantrion shall be fully and directly responsible for all Xantrion Personnel. Xantrion shall (i) provide competent and qualified personnel to perform the Services; (ii) ensure that it complies with all laws, regulations, ordinances and licensing requirements; (iii) ensure Xantrion Personnel performing any Services on Client’s premises comply with any applicable Client guidelines as provided to Xantrion from time to time, including, but not limited to, any data security policies; and (iv) determine the method, detail, and means of performing the Services under this Agreement.
2 Terms of Payment

2.1 Services Fees; Equipment and Software Costs
Unless otherwise agreed to in writing by the parties, payment for Services by Xantrion (“Service Fees”) rendered and any equipment, software, licenses, 3rd party services, hardware, parts and supplies (“Supplies”) shall be due within forty-five (45) days from the date of the applicable invoice provided by Xantrion to Client. If Xantrion does not receive payment within such forty-five (45) day-period, Xantrion shall have the option to suspend the Services without any liability until payment is received. 866.926.8746 5 www.xantrion.com
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2.2 Overdue Payments
Interest shall accrue on any delinquent amounts owed by Client to Xantrion at the rate of 0.8333% per month.

In the event of a good faith dispute related to the invoices submitted by Xantrion, Client shall notify Xantrion in writing setting forth the reasons of such dispute, and the parties shall cooperate to resolve such dispute.

2.3 Taxes
Client shall be responsible for any applicable sales or use taxes on any amounts payable by Client hereunder. 3 Term, Termination

3.1 Term
Unless sooner terminated, the term of this Agreement, and the applicable Services requested as set forth in the accompanying Addendum shall be for one (1) year commencing on the Effective Date ("Term") and shall continue during the Term unless this Agreement is otherwise terminated sooner in accordance with Section 3.2 or Section

3.3. During this Term, Xantrion shall not increase its fee rates over and above the rates charged on Services provided as of the Effective Date. New Services added during the Term may be charged at Xantrion’s then-current rates. The termination of any Service shall not modify any Term of this Agreement. The termination of this Agreement shall immediately terminate any and all Services executed hereunder.

3.2 Termination for Convenience
Either party may terminate this Agreement or any applicable Service at any time without cause upon at least ninety (90) days’ prior written notice to the other party. In the event that either party elects to terminate this Agreement pursuant to this Section 3.2, Xantrion agrees to provide sufficient efforts and cooperation to ensure an orderly and efficient transition of Services to Client or another service provider, whichever Client elects, at Xantrion’s then-current time and materials rates.

3.3 Termination for Cause
Either party may terminate this Agreement or any applicable Service for Cause (as defined below) immediately upon written notice to the other party.

For purposes of this Agreement, “Cause” means: (i) Client’s failure to pay any amount due within thirty (30) days of the applicable due date; (ii) a party’s conviction of, or plea of nolo contendere to, any felony, or any other crime involving fraud, embezzlement, or act of moral turpitude; (iii) a party’s unauthorized use or disclosure of any Confidential Information or other proprietary information of the other party or any other 866.926.8746 6 www.xantrion.com
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party to whom the offending party owes an obligation of nondisclosure as a result of the parties’ relationship; (iv) a material breach of this Agreement by a party which is incapable of cure, or with respect to a material breach capable of cure, is not cured within thirty (30) days after receipt of written notice from the affected party of such breach; (v) a dissolution or liquidation of any party, or any corporate action taken by any party for such purpose; (vi) any party’s insolvency or admission of its inability to pay its debts generally as they become due; or (vii) any party’s voluntary filing of a bankruptcy petition or general assignment for the benefit of creditors.

3.4 Effect of Termination
Upon termination of this Agreement, Xantrion shall not be obligated to provide any further Services to Client and Xantrion shall have the right to remove any equipment or other Supplies belonging to Xantrion which has been installed or placed at Client’s location for the performance of the Services hereunder. Client shall pay all outstanding invoices, as well as any invoices which may be submitted to Client following the date of termination for Services Fees or Supplies or costs incurred up to the date of termination, within ten (10) days of the date of termination or within thirty (30) days of the date of the invoice, whichever is later. Upon termination of this Agreement for any reason, each party shall (i) return to the other party or destroy all documents and tangible materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information, (ii) permanently erase all of the other party's Confidential Information from its computer systems, and (iii) if requested by the other party, provide written confirmation within ten (10) days of receiving such request that it has complied with the requirements of this section.

3.5 Survival.

The terms of Sections 2, 3, 4, 5, 7, 8, 9, and 15 shall survive the termination of this Agreement. 4 Equipment, Software and Supplies

4.1 Equipment; Software; Supplies
Xantrion is not responsible for compatibility issues, project delays, or other problems with Supplies (i) provided by Client, (ii) purchased by Client through a third party, or (iii) manufactured by a third party and purchased by Client from Xantrion (collectively, “Third Party Products”) except if expressly recommended by Xantrion.

Notwithstanding anything contained herein to the contrary, in the event Xantrion installs a Third Party Product and such Third Party Product fails within ninety (90) days of installation, Xantrion will provide the labor to reinstall the product free of charge. 866.926.8746 7 www.xantrion.com
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4.2 Limited Warranty
Xantrion represents and warrants to Client that the Supplies, processes, and procedures employed, used, and operated by Xantrion in providing the Services will be sufficient to provide the Services at the levels of reliability represented in the description and definition of the Services.

Third Party Products purchased through Xantrion are warrantied by their respective manufacturers and any applicable manufacturer’s warranties will be passed through to the Client. Xantrion will only accept returns on such Third Party Products if they are defective and returned within thirty (30) days of Client’s receipt of such Third Party Product.
5 Independent Contractor Status
Client and Xantrion acknowledge and agree that: (i) Xantrion is an independent Contractor, (ii) the parties are not engaged in a joint venture, partnership, employment, or fiduciary relationship; and (iii) neither party is authorized to act as agent or incur any obligation on behalf of the other. 6 Non-Solicitation
Client acknowledges that Xantrion will recruit and train personnel to provide Services for Client under this Agreement, and that this is a costly and time-consuming endeavor. Client therefore agrees not to directly, or indirectly through a third party, solicit, induce, recruit for employment, or attempt to solicit, induce, or recruit for employment, any Xantrion personnel who has performed Services for Client under this Agreement to provide the same or similar services. Client shall comply with this obligation during the term of this Agreement, and for a period of twelve (12) consecutive months after termination. Client shall be relieved of its obligations under this provision if Client first pays Xantrion the sum of the actual cost of retaining and training individual personnel.

The Parties further agree that this amount shall be no less than $60,000 per individual personnel, which Client agrees accurately reflects the minimum reasonable value of Xantrion's time and costs with respect to recruiting and training personnel to work for Client. Notwithstanding any other provisions in this Agreement, the parties retain all legal remedies, at law or equity, upon violation of this provision. 7 Unauthorized Access to Data or Use of the Services
Xantrion is not responsible to Client for unauthorized access to the electronic data of Client stored on Xantrion’s servers (“Client Data”) or the unauthorized use of the Services unless such unauthorized access or use results from Xantrion’s failure to meet its obligations described in the Agreement. Client is responsible for the use of the Services by any employee or consultant of Client, other than Xantrion, any person to whom Client has given access to the Client Data, and any person who gains access to the Client Data or Services as a result of Client’s failure to use reasonable security precautions, even if such use was not authorized by Client. 866.926.8746 8 www.xantrion.com
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8 No Warranties; Limitations of Liability; Indemnification

8.1 No Warranties
Except as provided in section 1.1 (services) and section 4.2 (limited warranty), Xantrion expressly disclaims all warranties, express, implied, statutory or otherwise, with regard to the services provided hereunder, and with regard to any third party products, including in each case any warranty of non-infringement, and any and all warranties of merchantability or fitness for a particular purpose or arising from the course of dealing between the parties or usage of trade. These disclaimers of warranty and limitations of liability constitute an essential part of this agreement.

8.2 Limitation of Liability
In no event will Xantrion, whether in contract, tort, equity or otherwise, be liable for: (i) any indirect, incidental, consequential, special, punitive or exemplary damages (even if such damages are foreseeable, and whether or not either party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited warranty.); or (ii) costs of procurement of substitute products or services, Supplies, lost profits, loss of data; or (iii) any direct damages arising from or relating to this agreement, to the extent that the aggregate amount of such damages exceeds the aggregate services fees actually paid by Client hereunder in the six (6) calendar months before such claim arose; provided that such limitation of liability shall not extend to direct damages incurred as a result of the willful misconduct of Xantrion or its employees. The parties agree that the limitations in this section are integral to the amount of fees charged in connection with this agreement and that, were Xantrion to assume any further liability, such fees would of necessity have been substantially higher.

8.3 Indemnification
To the fullest extent permitted by law subject to the limitations set forth in this Agreement,, Xantrion shall indemnify and hold harmless, and defend the Client, its officers, agents, employees and volunteers (collectively, the “Client Indemnitees”) from and against any and all suits, actions, legal proceedings, claims, demands, damages, losses and expenses which may be made by individuals or organizations, including, but not limited to attorneys' fees, expert fees and all other costs and fees of litigation (each a "Claim" and collectively the "Claims"), arising out of or resulting from the Xantrion's negligence or willful misconduct in the performance of the Services.

The acceptance or approval of Xantrion’s Services by Client or any of its directors, officers or employees shall not relieve or reduce Xantrion’s indemnification obligations. However, to the extent that any Claim arises from, relates to, or is in connection with, the negligence or willful misconduct of the Client Indemnitees, or any of them, then Xantrion's indemnification obligation and liability hereunder for the Claim shall be reduced in proportion to the Client Indemnitees’ total share of liability for the Claim as a result of the Client Indemnitees' negligence or willful misconduct.
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9 Confidentiality

9.1 Definition
The term “Confidential Information” as used in this Agreement shall mean any information disclosed, directly or indirectly, by a party (the “Discloser”) to the other party (the “Recipient”) that may reasonably be considered proprietary or confidential including, without limitation, the Discloser’s operational and business methods and practices, economic and financial information, know-how, recommendations, instructional methods, Client Data (as defined below), software and information systems, technical processes, products, product designs, machinery, research and development, intellectual property, and any material embodiments thereof.

Notwithstanding the foregoing, the term “Confidential Information” shall not include any information that (i) is or becomes generally available to the public other than as a result of the Recipient’s breach of this agreement; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Recipient’s possession prior to the Discloser’s disclosure hereunder; or (iv) was or is independently developed by Recipient without using any Confidential Information.

9.2 Confidentiality
The Recipient agrees to (i) take reasonable measures to protect and safeguard the confidentiality of, and avoid disclosure and unauthorized use of, the Discloser’s Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Discloser’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except as required to assist the Recipient to exercise its rights or perform its obligations under this Agreement.

Disclosure of Confidential Information is not prohibited if such disclosure is compelled pursuant to a legal proceeding or is otherwise prescribed by law. If the Recipient receives a request to disclose any Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, the Recipient, prior to disclosing any Confidential Information, and, except as may be prohibited by law, will notify the Discloser of such requirements to afford the Discloser the opportunity to seek a protective order or other remedy.

9.3 Access to Systems
Xantrion representatives and contractors, shall only access Client systems and data as is necessary to perform the Services agreed to. Client understands that Xantrion representatives may share access with other vendors to the limited extent required to perform the Services. Notwithstanding the foregoing, when access to criminal justice data or systems is necessary to perform the Services, Xantrion agrees that its designated representatives will comply with Client’s requirements for access to such systems and information, including but not limited to 866.926.8746 10 www.xantrion.com
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fingerprinting and a satisfactory background check, as a precondition to being granted access to those systems or data.
10 Compliance
None of the Services or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States has embargoed goods, or to any individual or entity that has been denied export privileges by the U.S. Treasury Department or the U.S. Department of Commerce. By using the Services, Client is agreeing to the foregoing and Client is representing and warranting that Client is not a national resident of, or located in or under the control of, any country subject to such export controls.

10.1 Protection of Personally Identifiable Information
The parties agree to use commercially reasonable security precautions to protect Personally Identifiable Information, “PII”, (as hereafter defined) transmitted to or from, or stored at, Xantrion’s data centers. Client must comply with the laws applicable to Client’s use of the Services and with Xantrion’s policies and procedures, as may be amended. Client agrees to cooperate with Xantrion’s reasonable investigation of Service outages, security problems, and any suspected breach. For purposes of this Agreement, “PII” means (i) any information that identifies an individual, such as name, social security number or other government issued number, date of birth, address, telephone number, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, § 6809(4), and (iii) any "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

The parties agree to comply with the applicable provisions of HIPAA, the requirements of any regulations promulgated thereunder including, without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164 (the “Federal Privacy Standards”), the Electronic Transaction Standards (45 CFR Parts 160 and 162) the Security Standards (45 CFR Parts 160, 162 and 164), and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-05 and regulations promulgated thereafter.

The parties further agree to comply with the applicable provisions of the PROTECT Our Children Act contained in 42 USC 13032 and 18 USC 2258A .

10.2 Compliance with Laws Applicable to Client
As it pertains to Client’s Confidential Information and/or Data stored or managed by Xantrion, Xantrion will comply with any and all confidentiality, security, privacy and or compliance requirements, rules and/or regulations imposed on Client by local, state or federal authorities, agencies, regulatory agreements and or laws to the extent Client has provided to Xantrion in writing the specific requirements to satisfy said confidentiality, security, privacy and or compliance requirements, rules and/or regulations. 866.926.8746 11 www.xantrion.com
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10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements Client acknowledges its obligation to comply with all provisions of software manufacturer’s licensing and allowed usage requirements. Client agrees to honor the provisions of the “Microsoft Cloud Agreement” incorporated herein by reference.
11 Security Incident Response

11.1 Obligations
Xantrion acknowledges its obligation to support Clients in the event of a Security Incident. Services we will perform and the basis on which they will be billed are described in the Addendum – Services.

11.2 Disclaimer
Xantrion does not represent that any service will prevent a security incident. Nor do we represent that we have legal expertise or expertise in forensic investigations. Clients are advised to consider purchasing cyber-liability policies to protect against the risk of a security incident. In the event of an incident, Client is advised to contact their own legal counsel to determine their obligations to report an incident, and to notify their insurance carrier of a potential claim and to permit the insurance company or its designated agents to conduct any investigation. 12 INSURANCE
During the term of this Agreement, Xantrion shall, at its own expense, maintain and carry insurance with financially sound and reputable insurers, in full force and effect that includes, but is not limited to:

Insurance Type Description of Liability covered Aggregate Limit
Cyber Liability, Privacy/Network
Security, Cyber Crime & Cyber
Deception Endorsement
Data breach of our systems or a Client system for which we are liable Including forensic costs, notification costs, credit or identity protection, extortion, regulatory action, fines and penalties. and business interruption.
$5 mm
Third Party Crime Third Party Crime $250 K
Commercial General Liability Bodily injury, personal injury and property damage caused by the business' operations, products, or injury that occurs on the business' premises.
$2 mm
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Errors and Omissions Liability Claims made by Clients for failure to provide products or services, inadequate work or negligent actions.
$5 mm
Workers Compensation On the job injury $1 mm
Employment Practices Liability Claims made by employees alleging discrimination (based on sex, race, age or disability, for example), wrongful
termination, harassment and other employment-related
issues, this also extends to Third Party – Clients, Vendors, etc.
$1 mm
13 Other Insurance Provisions

13.1 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include Client, its officers, agents, employees, and volunteers, as additional insureds under the policies.

13.2 The additional insured coverage under Xantrion’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by Client and shall not call upon Client’s insurance or selfinsurance coverage for any contribution. The “primary and noncontributory” coverage in Xantrion’s policies shall be at least as broad as ISO form CG20 01 04 13.

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

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

13.5 Xantrion’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against Client.

13.6 Xantrion shall cooperate with Client in providing Client with copies of all insurance provisions or endorsements required by this Agreement.
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14 Harassment Free Workplace; Nondiscrimination
Xantrion and Client mutually commit to observing the highest standards of conduct in maintaining an environment that is free of discrimination, including harassment of any kind and on the basis of a legally protected status.

Accordingly, Xantrion and Client will not tolerate any form of harassment against anyone, including employees, vendors, independent contractors, or guests. Xantrion and Client understand and acknowledge their legal obligation both, not to engage in, and to report any unwelcome conduct, whether verbal, physical, sexual, or visual, and that is based upon a person’s protected status. Xantrion and Client shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of their duties and obligations under this Agreement. 15 Miscellaneous

15.1 Notices
All notices under this Agreement shall be sent to a party at the respective address indicated in the introductory paragraph hereof, or to such other address as such party shall have notified the other in writing. All such notices so addressed shall be deemed duly given (a) upon delivery, if delivered by courier or by hand (against receipt); or (b) three days after posting, if sent by certified or registered mail, return receipt requested.

15.2 Governing Law
This Agreement shall be construed and controlled by the laws of the State of California, without reference to conflicts of law principles. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Marin County, California.

15.3 Remedies
The parties agrees that remedies at law for a breach or threatened breach of any of the provisions of this Agreement, including any disclosure or use of the Confidential Information, may be inadequate and, in recognition of this fact, in addition to all other remedies available at law, the parties will be entitled to seek specific performance or injunctive relief to enforce the terms of this Agreement.

15.4 Dispute Resolution; Attorney’s Fees
Xantrion and Client agree to each use its best efforts to mutually resolve any claim, controversy, liability or dispute arises between the parties relating to or in connection in any way with this Agreement or its interpretation, validity or enforcement (collectively, “Disputes” or, in the singular, “Dispute”). 866.926.8746 14 www.xantrion.com
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Failing that, and unless otherwise agreed by the parties in writing, such dispute shall be adjudicated by final, binding arbitration under the auspices, and in accordance with then-applicable commercial arbitration rules and procedures, of JAMS, Inc. (“JAMS”) at JAMS’ San Francisco offices. The arbitrator shall be mutually-agreed upon by the parties to the arbitration. If the parties cannot agree upon an arbitrator within ten (10) business days after the filing of any demand for arbitration or statement of claims with JAMS (or, if a party is asked to participate in the joint selection of an arbitrator, but is unresponsive or otherwise does not do so within the foregoing time period), then JAMS shall select as arbitrator a retired judge having at least ten (10) years’ experience in industry-related disputes pursuant to its normal procedure for selecting an arbitrator when parties cannot agree upon an arbitrator.

The parties to the Dispute shall share equally in the costs of arbitration. If any party to the Dispute fails or refuses to pay its portion of JAMS arbitration-related administration fees or arbitrator’s fees in a timely manner, the other party to the Dispute may, at its election, pay such fees and proceed with the arbitration without the participation of the party who fails or refuses to pay its share of such fees, and any final arbitration award shall require the non-paying party to reimburse the paying party for such fees and costs.

The arbitrator shall have the power to award only such damages, remedies, or relief that would be available in a court otherwise having jurisdiction of the matter, but no other damages, remedies or relief. The arbitrator shall render all rulings and make all adjudications based solely upon the law governing the claims, counterclaims and defenses pleaded and shall not invoke any basis (including, without limitation, notions of “just cause”) other than such controlling law. The arbitrator shall have the authority to issue an award that provides for both legal and equitable relief, as applicable, including, without limitation, an order for issuance of a temporary or preliminary injunction. Notwithstanding the foregoing, the parties may avail themselves in the court of the rights and remedies provided by Section 1281.8 of the California Code of Civil Procedure. In any arbitration proceeding commenced under this section, the merits hearing (i.e., trial) shall begin by no later than ninety (90) calendar days after the filing of any demand for arbitration or statement of claim with JAMS. The arbitrator shall prepare a written statement of decision and award within five (5) business days following the conclusion of the arbitration merits hearing. Judgment on the decision, award or other order of the arbitrator may be confirmed and entered by the court.

The decision of the arbitrator shall be final and conclusive, and the parties hereby waive the right to trial de novo or appeal, excepting only for the purpose of confirming the arbitrator’s decision, award or other order and entering judgment thereupon, for which purpose the court shall have sole and exclusive jurisdiction. Such confirmation and entry of judgment may be obtained by ex parte application. Additionally, any petition to compel arbitration and any other legal proceeding seeking to enforce or avoid arbitration under this Agreement shall be filed and litigated exclusively in the court.

The prevailing party in any arbitration of a Dispute shall be entitled to recover from the other party or parties the reasonable attorneys’ fees and costs (including all costs of collection and recovery of any monies adjudicated to be due), experts’ fees and costs, arbitration administrative fees, court filing and other fees, and arbitrator’s fees that the prevailing party actually incurs in connection with that proceeding and any related-action or proceeding in the court; however, the parties agree that, in the event a party to the Dispute is adjudicated to be 866.926.8746 15 www.xantrion.com
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a prevailing party, that party shall seek to recover attorneys’ fees under this section for the services performed only by two (2) attorneys from the same law firm retained by that party. In the event this provision is adjudicated to be unenforceable or the parties to the Dispute jointly elect to seek an adjudication of their dispute in a judicial forum, the foregoing fees and costs recovery provision shall apply with equal force to that judicial adjudication of the Dispute.

15.5 Force Majeure
Neither party shall be deemed to have defaulted or breached hereunder, nor shall it hold the other party responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, hostile or warlike action including cyber or armed attacks in times of peace or war by a government or sovereign power, labor strike, lockout, boycott, or other similar events beyond the reasonable control of such party (collectively, “Force Majeure”), provided that the party relying upon this provision: (i) gives prompt written notice thereof, and (b) takes all steps reasonably necessary to mitigate the effects of the Force Majeure event.

15.6 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

15.7 Severability
If any provision in this Agreement is found or held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

15.8 No Waiver
A waiver of a breach or default under this Agreement shall not be a waiver of any other breach or default.

Failure of either party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless accompanied by a dear written statement that such term or condition is waived.

15.9 No Assignment
Client shall not assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, except in the event of a merger, acquisition, or sale of substantially all of Client’s assets. Subject to the foregoing, this Agreement shall inure to the benefit of the parties’ permitted successors and assigns.
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15.10City Business License / Other Taxes.

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

15.11Entire Agreement; Modification
This Agreement, and any attachments hereto, contains the entire understanding of the parties with respect to the matters contained herein. This Agreement shall supersede any prior understanding or agreement, written or oral between the parties. In the event of any conflict between the terms hereunder and any attachment, these terms shall govern unless such attachment expressly states that the terms and conditions of the attachment shall control. There are no promises, covenants or undertaking other than those expressly set forth herein, and any other terms and conditions are rejected regardless of content, timing or method of communication. Any deviations from or additions to the terms of this Agreement must be in writing and will not be valid unless confirmed in writing by duly authorized officers of Xantrion and Client. 866.926.8746 17 www.xantrion.com
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16 Counterparts
This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. This Agreement may be executed and delivered by facsimile transmission, by electronic mail in “.pdf,” or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

Signed:

Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.

Date: August 31, 2026

CITY OF SAN RAFAEL
By:
______________________________
PAUL NAVAZIO, City Manager
ATTEST:
______________________________
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
______________________________
ANDREA VISVESHWARA, City Attorney
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EXHIBIT A
Addendum To The General Service Agreement Information Technology Services 866.926.8746 1 www.xantrion.com
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ADDENDUM TO THE GENERAL SERVICE AGREEMENT

INFORMATION TECHNOLOGY SERVICES
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TABLE OF CONTENTS
1 Summary Service Scope and Costs ...................................................................................................................... 4 2 CORE IT ................................................................................................................................................................ 5

2.1 Description of Services ................................................................................................................................ 5

2.2 Systems Administration .............................................................................................................................. 5

2.3 Endpoint Support ........................................................................................................................................ 6

2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services ............................................... 6

2.5 Limitations and Client Obligations .............................................................................................................. 6 3 Systems Monitoring ............................................................................................................................................ 8

3.1 Description of Services ................................................................................................................................ 8

3.2 Monitoring systems .................................................................................................................................... 8

3.3 Monitoring hours ........................................................................................................................................ 9

3.4 Monitoring scope ........................................................................................................................................ 9

3.5 Patch Management ................................................................................................................................... 10

3.6 Thresholds & Monitoring Criteria ............................................................................................................. 10

3.7 Endpoint anti-virus and anti-malware management ................................................................................ 10

3.8 Client notification of monitoring alerts ..................................................................................................... 10

3.9 Alert remediation ...................................................................................................................................... 10

3.10 Limitations and client obligations ............................................................................................................. 11 4 Managed Backups ............................................................................................................................................. 12

4.1 Description of Services .............................................................................................................................. 12

4.2 Recovery Point Objective .......................................................................................................................... 12

4.3 Recovery Time Objective .......................................................................................................................... 12

4.4 Standby Server Hosting ............................................................................................................................. 12

4.5 System requirements ................................................................................................................................ 13

4.6 Effect of Termination ................................................................................................................................ 13

4.7 Estimating data backup costs .................................................................................................................... 13

4.8 Limitations and client obligations ............................................................................................................. 14 5 Managed Security Essentials ............................................................................................................................. 15

5.1 Description of Services .............................................................................................................................. 15

5.2 List of Services ........................................................................................................................................... 15

5.3 Security Incident Response ....................................................................................................................... 15

5.4 Limitations and Client Obligations ............................................................................................................ 18 6 Managed Security .............................................................................................................................................. 19

6.1 Description of Services .............................................................................................................................. 19

6.2 List of Services ........................................................................................................................................... 19

6.3 Limitations and client obligations ............................................................................................................. 21 7 Hosting .............................................................................................................................................................. 21

7.1 Description of Services .............................................................................................................................. 21

7.2 Data location ............................................................................................................................................. 21

7.3 Service Level Agreement ........................................................................................................................... 21

7.4 Effect of Termination ................................................................................................................................ 21 866.926.8746 3 www.xantrion.com
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8 Limitations applicable to all services ................................................................................................................. 22

8.1 Support for End Users not covered by a CORE IT agreement ................................................................... 22

8.2 Policy Authoring, Audit, and Questionnaire Support ................................................................................ 22 9 Authorized Contacts .......................................................................................................................................... 22 10 Phone and Email Support hours of operation ................................................................................................... 22

10.1 Phone Answer ........................................................................................................................................... 22

10.2 E-mail processing ...................................................................................................................................... 22 11 Rates for Services Outside of Scope .................................................................................................................. 23 12 Travel Expenses ................................................................................................................................................. 23 13 Service Level Agreement ................................................................................................................................... 24

13.1 Response Time .......................................................................................................................................... 24

13.2 Service Level Credits ................................................................................................................................. 24 15 Costs and Service Detail .................................................................................................................................... 25 16 Counterparts ..................................................................................................................................................... 26 866.926.8746 4 www.xantrion.com
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1 Summary Service Scope and Costs
Service Name Description Included Services
Core IT Comprehensive IT support for your staff, Systems Administration, Remediation, Management and
Maintenance.

Systems
Monitoring
IT infrastructure monitoring designed to detect nonfunctioning systems or services, in addition to conditions which may lead to instability or down time.

Managed Backups Backup of systems and data to protect against loss.

Includes “Best Effort” disaster recovery for data stored in our repository.

Managed Security
Essentials
Fundamental security provisions and practices
recommended for every organization

Managed Security A comprehensive security offering designed to meet the needs of organizations subject to regulatory oversight and compliance requirements, or with a strong need to protect sensitive data.

Consider for
Future
Implementation
Hosting “Private Cloud” services designed to host critical business systems in highly-available redundant secure Datacenters, with locations in Denver and Salt Lake City.

Consider for
Future
Implementation
TOTAL Monthly Recurring Costs (Section 15) $103,750
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2 CORE IT

2.1 Description of Services
CORE IT is a comprehensive offering that includes technology support, administration, design, remediation, and maintenance, designed to provide the Client with:
• A secure and stable Information Technology environment with exceptional up time. • A high level of employee technology support satisfaction. • A competitive advantage.
• The lowest sustainable total cost of ownership.

CORE IT is provided at a fixed monthly cost and includes unlimited desktop and systems support.

2.2 Systems Administration
• User & Resource Management
 Employee Onboarding and Termination
 Hardware and Business Resource provisioning
 Identity management and access control
• Server, Network Infrastructure, and Endpoint Management  Deployment, Administration, Troubleshooting, and Remediation  Purchasing & Warranty Management
 Replacement of systems “In Kind,” at end of life
 Data Backup System management
• Application Management – Cloud or Server-Based
 Deployment, Upgrades, Troubleshooting, & Remediation
 License & Subscription Management
 Vendor Coordination
• Cloud-Based Voice over IP Systems
 Administration, including Moves, Adds, and Changes.
• Internet Connectivity
 Vendor Management
 Troubleshooting & Remediation
• Mobile Devices & Tablets
 Business Email connectivity
 Office 365 apps
 Other business apps
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2.3 Endpoint Support
• Unlimited remote support services are provided to your staff, 24 x 7 x 365. • On-site support, as required.

2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services The client will be assigned a Xantrion “vCIO,” whose core objective is to develop and maintain a business technology strategy that meets the business requirements and fosters growth.

Detailed Services include:
• Technology and Security Strategy and Advisement
• Quarterly Business Review meetings
• Business Continuity and Disaster Recovery Strategy
• Cyber Security Risk Assessment and Mitigation Strategy • Budget Projections and Cost Management
• Service Delivery Oversight
 Client Satisfaction Oversight & Reporting
 Identification and Resolution of trends or systemic issues  Support Escalation
• Account Management, including agreement maintenance & resolution of billing matters • Project Coordination and Management
• Incident Response Coordination

2.5 Limitations and Client Obligations

2.5.1 Services provided on a Time and Materials basis
• Physical relocation of Staff systems.

Ex: An employee wishes to move from one office location to another • Support for custom software solutions, developed specifically for your firm, and not supported by a major vendor
Ex: Custom scripts, FileMaker Pro, and Access Databases are considered custom software solutions
• Office Moves and Rebuilds
• Business system or Infrastructure Projects that are being driven by new functionality or features 866.926.8746 7 www.xantrion.com
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Ex: Cloud migrations, ERP, CRM, Accounting, or other Line of Business Application Implementation, Cloud VoIP phone migrations
• Audio/Visual Systems Setup
Ex: Deployment of a new videoconferencing solution, or assisting client guests with connectivity to projectors or displays

2.5.2 Warranties & Valid Support Agreements are Required Except as otherwise agreed, supported equipment, including, but not limited to: servers, shared storage, firewalls, switches, wireless access points, desktop and laptops, must carry a valid warranty and support agreement for these devices to remain with Xantrion’s support scope. All line of business applications must include a valid support agreement, and the appropriate licensing to ensure compliance.

2.5.3 Spare Equipment
We suggest maintaining spare staff systems to expedite setup and deployment in the event of an unexpected new hire or hardware failure. There is no additional monthly cost associated with the maintenance of spare endpoint systems.

2.5.4 Disaster Recovery
Recovery from outages caused by theft of systems or environmental events such as earthquakes, floods, fire or sprinkler system activation will be performed on a time and materials basis.

Clients wishing to reduce the risk of a disaster are encouraged to use cloud services or consider relocating their systems to our secure data centers, as described in Section 7. For clients who maintain servers on-premise, we also offer Standby Server Hosting, described in Section 4.4, to reduce the time and cost associated with recovering from a disaster.

2.5.5 E-Discovery, Forensic and Breach Investigations
Clients are advised that services provided as part of a CORE IT agreement are not designed to capture information required to support a forensic investigation. See also the limitations described in Section

5.3.5. 2.5.6 Abuse / Sabotage
Notwithstanding other provisions, recovery from deliberate damage / sabotage to systems or data, either on-premise or in cloud, will be performed in accordance with the Time and Materials provisions of this agreement.
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2.5.7 Support for Endpoints not Covered by this Agreement Support for systems not covered by this agreement is limited to the configuration and troubleshooting of secure remote access to business systems.

Ex: Business email connectivity or Secure Remote Desktop.

Xantrion will not provide hardware support for these systems out of scope; any operating systemlevel or networking support required to establish secure remote connectivity to business resources will be provided on a Time & Materials basis.

2.5.8 Web Content Development
Xantrion does not manage web site content development or administration. We are happy to provide vendor recommendations for this purpose.
3 Systems Monitoring

3.1 Description of Services
Xantrion’s Monitoring services are designed to improve the overall availability, stability, and performance of the Client’s critical business systems.

Xantrion monitors key operating characteristics of the Client’s designated systems and cloud solutions, in order to detect and address early signs of potential system instability or failure, and to quickly identify and remediate the points of failure, in the event that a system or service outage occurs. Xantrion maintains a history of operating data which can be used as a benchmark for “normal” operations and to aid in the troubleshooting process.

Note that while network breaches may be detected as a result of consequential anomalies in network operations, this service is not designed to provide intrusion detection or prevention and should not be relied upon for these purposes.

3.2 Monitoring systems
Xantrion’s central monitoring systems are located in secure datacenters. Data is gathered from client operating environments, using a combination of probes and agents installed directly on servers and endpoints. Data is also gathered from additional sources external to the client environment to provide a comprehensive overview of system status. Examples of external monitoring include: round-trip email flow, RDS host availability, and Office 365 status.
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3.3 Monitoring hours
Automated monitoring is conducted on a continuous 24 x 7 x 365 basis, with engineers actively observing and remediating issues in real time.

3.4 Monitoring scope
The scope of Monitored Systems is dependent upon several factors, including client-specific requirements, capabilities of the monitoring services, and limitations of the systems being monitored.

We recognize that client monitoring requirements are constantly changing as new systems are released and cloud services evolve.  Our centralized monitoring systems are similarly evolving in terms of capacity and capabilities.  Please discuss any specific monitoring needs with your vCIO, so that they may determine whether or not they can be met.

The list below provides a sample of services & systems we will attempt to monitor:

On Premises Systems
Server hardware health
Remote Server Management systems (DRAC /
iLO)
System resource utilization
Disk utilization and I/O
Warranty status
Service availability
Application level monitoring
Active Directory
SQL
Exchange
Internet Information Services
UPS systems availability and battery health
Networking devices
System Resource Utilization
Traffic Throughput
Shared Storage
RAID and Disk health
LUN utilization
SaaS, Websites & External Services
Availability of Services
Response times
TLS/SSL certificate validity
DNS resolution
Expected page verification
Synthetic email route trip testing
Security Monitoring
Antivirus health
Windows patching health
Privileged access groups changes
Common account names monitoring
Outboard firewall port blocking
SFP monitoring
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3.5 Patch Management
Xantrion will manage patch deployment to systems, including servers, infrastructure devices, and endpoints, using our patch management solution.

Xantrion conducts a literature review of all critical and security operating system updates as they are released by Microsoft. Prior to general release, deployment is tested on Xantrion’s systems and on systems that clients have asked to be included within our patching test group. Xantrion will identify and withhold any patches that are deemed problematic.

Approved patches are deployed monthly to workstations and laptop endpoints, and quarterly to servers.
3rd-party Application patching is provided for a select list of supported applications.

3.6 Thresholds & Monitoring Criteria
Xantrion leverages a set of alerting conditions and thresholds within the central monitoring solution that have been developed and tuned, through a combination of manufacturer’s Best Practice recommendations, in addition to real-world conditions. These thresholds are designed with the stability, uptime and health of your systems in mind, and should not be customized.

3.7 Endpoint anti-virus and anti-malware management
Xantrion will manage the licenses, automated deployment, troubleshooting, and administration associated with the anti-virus and anti-malware solution, for all clients with a Core IT agreement, and for clients who have elected to bundle this offering with systems monitoring.

3.8 Client notification of monitoring alerts
If requested, Xantrion will copy any recipients that you designate on automated alert notifications. For urgent and impactful issues, an Engineer will attempt to reach you by phone. For all other issues, we will reach out via e-mail.

3.9 Alert remediation
Xantrion Engineers will attempt to contact Client for authorization before performing any remediation work outside of the standard Core IT agreement. If we are unable to contact you, we will use our best judgement in determining whether or to proceed without authorization. Examples of situations where we may act if we are unable to reach you could include:
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• The affected system is covered under a CORE IT contract and therefore remediation work is included.
• E-mail system is completely down.
• Internet connectivity outage.
• Remediation of issues that are determined to be the direct result of managed patching.

3.10 Limitations and client obligations
The provisions listed in this section apply only to clients whose systems are not covered under a CORE IT agreement, or those with a “Monitoring-Only” Agreement.

3.10.1 Identification of Systems to be monitored
You will provide us with a list of systems and/or cloud services that you want us to monitor. For hardware systems on-premise, we require the following information:
 Device name
 IP address
 Hardware information (type, model, serial number)
 Administrative Login Credentials
 Physical location

3.10.2 Changes to monitoring
Requests to add or remove systems or devices from the monitored scope should be sent in writing to [email protected].

3.10.3 Advance notification of systems maintenance
We ask that you notify us in advance of planned maintenance that will impact services and system uptime, so that we can suspend monitoring and avoid “false alarms.”

3.10.4 Remediation of issues resulting from patching
Client acknowledges that Xantrion’s strategy for repairing an unstable system after patching may be, at our discretion, restoring from backup. Systems not covered by a CORE IT or Managed Backup agreement will be repaired on a time and materials basis. 866.926.8746 12 www.xantrion.com
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4 Managed Backups

4.1 Description of Services
Xantrion will work with the Client to design a managed backup strategy that meets the business’ Disaster Recovery and Data Retention requirements.

Services will include:
• Automated monitoring to ensure backups are completing successfully. • Engineer review of backup-related alerts during the business day. • Data retention as required by the Client (e.g. 30 days, 1 year, 7 years) • Quarterly auditing of the backup selection lists and file restore testing. • Annual test restores of a database or server critical to business operations. • Remediation of any issues related to the managed backup solution. • Restoration of files and servers as requested, subject to the limitations described in Sections 4.3 and 4.4
• Encryption of backup data “in transit” and “at rest” when replicating to Xantrion datacenters. • Optional “cloud-to-cloud” backups for supported cloud services: e.g. Office 365 • An optional on-premises “backup appliance.”

4.2 Recovery Point Objective
Servers are backed up nightly, by default.

4.3 Recovery Time Objective
Data recovery requests will be handled in a timely manner, with restore times being subject to a number of factors (ex: internet bandwidth, etc.) File recovery, dependent upon data size, can generally be performed immediately upon notification. Recovery of an entire server may take 24 hours or longer.

4.4 Standby Server Hosting
For clients storing backups in our datacenter, Xantrion maintains spare hosting capacity to allow for recovery in the event of a local disaster impacting client systems (ie: theft, earthquake, fire, flood) • This operation can take 24 to 72 hours and is subject to the availability of resources. • This agreement includes the cost of 1 month of hosting in our datacenters, should long-term failover be required.
• Xantrion has a client concentration in the San Francisco Bay Area. Resource availability is *not* sufficient to permit the immediate recovery of all clients in the event of a regional disaster. 866.926.8746 13 www.xantrion.com
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• Xantrion offers secure server hosting (described in Section 7) for clients who wish to ensure business continuity in the event of local disaster.

4.5 System requirements
• Client systems must be compatible with Veeam, the backup software on which our platform is built. • Client internet services must be sufficient to permit the nightly replication of critical business systems.
 As a conservative rule of thumb, assume at a minimum that data will change 5% per day and that 5 GB of data can be moved off-site per day for every 1 Mb/s of available internet upload bandwidth capacity.

4.6 Effect of Termination
• Upon termination of the service agreement, unless otherwise requested, Xantrion will delete all copies of your data from our datacenter infrastructure. • In the event of termination, requests to export backup archives (ie: removable storage media) will be fulfilled on a time and materials basis.

4.7 Estimating data backup costs
The client’s estimated monthly recurring costs associated with managed backups, calculated on a perGB basis, are listed in Section 15.

The amount of data being held in aggregate by our hosted infrastructure is dependent upon several factors, including:
• The amount of data being protected
• Daily data change rate
• The degree to which original data can be compressed and deduplicated in the backups • Retention periods
The table below provides a guideline to estimate the total amount of data you will store in our hosted backup infrastructure, based on the amount of data on your servers that we protect and your retention period.

Your actual costs may vary from these.

Retention
period
GB of compressed data in the
backups per GB of original data being
protected
Off-site Storage Schema
Typical case High case
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30 days 1 : 1 2 : 1
Daily incremental backups for the
first 30 days + 1 Full backup
90 days 2 : 1 3 : 1
Daily incremental backups for the
first 30 days + 3 x Monthly full
backups
1 year 5 : 1 8 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
1 x Annual full Backup
7 Years 8 : 1 10 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
7 x Annual full backups
Example:
• Data stored on your systems: 1,000 GB
• Retention Period: 1 Year
• Estimated Data stored on our systems: 5,000 to 8,000 GB • Cost per Stored GB Given in Section 14
• Total Monthly Cost Actual Data stored * Cost per stored GB

4.8 Limitations and client obligations
Clients must define data retention requirements and notify us of any changes to these requirements.

Clients with systems not covered by a CORE IT agreement must identify which systems should be included in the scope of the backups.

Searches of electronic data, restoration of historical data for the purpose of legal investigations will be performed under the time and materials provisions of this agreement.

It is not feasible to ensure the backup of laptop and desktop systems with a high degree of confidence.

Backups of laptop and desktop endpoints, if requested, are performed on a “Best Effort” basis. As a Best Practice, all sensitive data should be stored on server hardware or in a secure cloud environment. 866.926.8746 15 www.xantrion.com
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5 Managed Security Essentials

5.1 Description of Services
Xantrion’s Managed Security Essentials service helps clients achieve an enhanced cybersecurity posture and implement appropriate defensive safeguards to address common cybersecurity threats.

5.2 List of Services
The following services are included in Managed Security Essentials:

5.2.1 Security Awareness Training
End users may subscribe to Xantrion’s standard security awareness training program. This program will consist of periodic email security testing and optional online video-based training.

5.2.2 Multi-Factor Authentication
Xantrion will supply and manage an approved multi-factor authentication system.

5.2.3 Mobile Application Management
Xantrion will supply and manage an approved mobile application management system.

5.2.4 Advanced Internet Filtering
Xantrion will deploy advanced internet filtering technology to laptops, extending internet filtering to these devices when they are outside the corporate network. Internet filtering includes the detection of malware and blocking of malicious domains.

5.3 Security Incident Response

5.3.1 Overview
Xantrion will assist our clients in responding to Security Incidents affecting their information systems within the limitations of existing agreements. Client Security Incidents are handled according to Xantrion’s pre-defined Security Incident Response Policy.

Please see Section 5.4 regarding limitations on services provided pursuant to this provision.

5.3.2 Definitions
Security Event: Any observable change or occurrence in a system. Certain correlated events may become Security Alerts through automated analysis.
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Security Alert: Notifications that a certain event or series of events have occurred. Alerts can be generated from automated systems or received in the form of user request to our service desk.

Security Alerts may be escalated to become Security Incidents.

Security Incident: A single or series of security events that, as assessed by Xantrion, have a significant likelihood of threatening information security and impacting business operations.

Containment: Containment of a Security Incident are tasks performed by incident responders to limit the scope and impact of an ongoing Security Incident.

Recovery: Recovery from a Security Incident is the process of returning impacted systems to normal operation and removing artifacts of the incident from the system. (For example; removing malware and recovering data from backup). Recovery steps may include remediation of security vulnerabilities to prevent future incidents.

5.3.3 Classification and Prioritization
Xantrion classifies Security Alerts into 4 categories:

Category Description
Insufficient
Information
Xantrion does not have the required information to properly classify this alert. Additional information is required from the client to continue processing this alert.

Harmful The alert is identified as an attack or attempted attack that may result in damage or unauthorized access to information systems.

The cause of the alert has rendered the Client’s infrastructure vulnerable or compromised. Harmful alerts are escalated as Security Incidents.

Harmless The alert is identified as a known attack, attempted known attack or reconnaissance effort. The client’s systems are not considered vulnerable or compromised.

False
Positive
The alert may be falsely triggered, is informational, or has been determined to be benign.
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Xantrion prioritizes Security Incidents, based on their functional, informational, and recoverability impact:

Priority Description
High The incident impacts critical business functions. Represents a high likelihood of impacting information availability or confidentiality or requires a significant recovery effort.

Medium The incident impacts multiple users. Represents a medium likelihood of impacting information availability or confidentiality. Recoverability effort is expected to be less than 24 hours.

Low The incident is limited in scope and does not significantly impact business operations. There is a low likelihood of impacting information availability or confidentiality the recovery effort is minimal.

5.3.4 Detection
Security Incidents are declared solely by Xantrion based a variety of sources including automated analysis and reports from end users. Xantrion will assess incoming Security Alerts to determine if a Security Incident is occurring or has occurred.

5.3.5 Notification
Xantrion will notify our clients within 24 hours after a High or Medium priority Security Incident has been declared within the environment.

5.3.6 Containment and recovery
For systems covered by CORE IT, Xantrion will perform all reasonable tasks to contain a Security Incident and once contained, recover systems to normal operation.

5.3.7 Post-Incident activity
An Incident Report will be produced by Xantrion for all High and Medium priority Security Incidents.

The report will be limited to Xantrion’s involvement in the incident including: a summary of the incident, timeline of events, impact analysis, containment and recovery steps, root-cause analysis, and any additional recommended actions.
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5.4 Limitations and Client Obligations

5.4.1 Disclaimer of Warranty
Information security and compliance is a wide-ranging discipline which requires the involvement from all parts of a business. Xantrion’s expertise and this service are limited specifically to the technical cybersecurity aspects of a comprehensive information security program. It is important to understand that subscribing to this service alone does not guarantee compliance with any law or regulation nor guarantee the absolute security of your systems.

5.4.2 Data Security Responsibility
Client acknowledges and agrees that Xantrion does not provide legal services or warrant that the services or products provided or obtained on client’s behalf will ensure client’s compliance with any law, including but not limited to any law relating to safety, security or privacy.

5.4.3 Missing information
Client is responsible for providing missing information for alerts classified as “Insufficient Information”. If client fails to supply such information Xantrion may send a reminder or close the alert.

5.4.4 Incident Response
It is the responsibility of the client to direct Xantrion’s response to an incident according to their own policies and procedures, especially if evidence must be preserved, or a forensic investigation is expected. Clients are advised to maintain their own incident response plan including their own reporting requirements.

The primary goal of Xantrion’s incident response service is to contain and recover from Security Incidents. Client is aware that Xantrion may take immediate action without notification to contain and recover from a detected incident. Certain containment and recovery actions may hinder future forensic investigations.

Xantrion’s capabilities to assist with containment and recovery are limited for systems not covered by a CORE IT agreement. Containment of, and recovery from Security Incidents for these systems will be performed in coordination with the client on a best effort, time and materials basis.

5.4.5 Investigations
Clients are advised that services provided under Managed Security Essentials are not designed to capture information required to support a forensic investigation. 866.926.8746 19 www.xantrion.com
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Investigation including root cause analysis, preservation of evidence, attempts to determine if information was accessed or exfiltrated by unauthorized actors, or to identify unauthorized actors will be performed on a best efforts, time and materials basis. 6 Managed Security

6.1 Description of Services
Xantrion’s Managed Security service delivers a multi-layered cybersecurity solution tailored for small and medium businesses. The service is designed to aid clients in meeting regulatory compliance requirements and operating a secure computing environment.

Managed Security requires a Systems Monitoring agreement for all covered systems.

6.2 List of Services
The following services are included as part of the full Managed Security offering.

6.2.1 Cybersecurity Roadmap
Xantrion will provide access to our internally developed cybersecurity standards based on industry leading control frameworks. A gap analysis will be performed, at least annually, between our developed standards and current state including recommendations for improving the client’s security posture.

6.2.2 Automated Security Analysis and Alert Management
Automated analysis will be performed on logs, system configurations, and other data points using metrics developed by Xantrion and its partners. Alerts will be triggered on specific pre-defined conditions and will generate a support ticket to be handled by Xantrion’s Network Operations Center (NOC) or Service Desk.

6.2.3 Customized Security Awareness Training
Xantrion will customize a security awareness training program using the included training platform including phishing email exercises and video-based training.

6.2.4 Log Aggregation and Management
Xantrion will install a system to collect specific security logs from capable servers and network security devices. These logs will be stored for 30 days in a resilient and secure hosted location.

Xantrion will provide and install necessary log collectors and configure supported systems to send logs. At the end of the retention period, log data will be permanently deleted on a first-in-first-out 866.926.8746 20 www.xantrion.com
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(FIFO) basis. If this agreement is terminated for any reason, Xantrion will be relieved of its obligation to store client’s log data. Retention beyond 30 days is available at additional cost.

6.2.5 Vulnerability Scanning and Management
Xantrion will scan Client’s internal and internet facing hosts on a quarterly basis for devices covered by this agreement. The scan data will be used to identify known vulnerabilities and results summarized and delivered to client for review.

For systems covered by a CORE IT agreement, critical vulnerabilities will be scheduled for remediation. For systems not covered by a CORE IT agreement remediation can be performed on a time and materials basis.

6.2.6 Sensitive Data Discovery
Xantrion will scan client’s network annually, or more often as mutually agreed, to discover locations where sensitive data, such as Personally Identifiable Information (PII), is stored. Results will be summarized and delivered to client for review.

6.2.7 Account Authentication Analytics
Xantrion will manage an approved authentication analytics system. The system is designed to detect abnormal account behavior which may indicate compromise.

6.2.8 Identity Access Management
Xantrion will manage an approved identity management system used to provide single-sign on capabilities between the client’s identity provider and other systems.

6.2.9 Self-Assessment Support
Xantrion will provide support If client initiates or is requested to perform a self-assessment or complete a security questionnaire by a regulating agency, or partner. Included support is limited to responding to pre-formed questionnaires.

6.2.10 Quarterly Reporting
On a quarterly basis Xantrion will deliver a report describing the performance of services included in this agreement.

6.2.11 Annual Security Review
Xantrion will meet with the client on an annual basis to review their cybersecurity program. Topics for review during this meeting can include:
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• Security Incidents
• Existing cybersecurity policies
• Latest security reports
• Exceptions to standards or recommendations

6.3 Limitations and client obligations
The following services can be performed according to the time and materials provisions of the General Service Agreement.
• New functionality added to existing systems, including new single-sign-on integrations. • Vendor Assessments
7 Hosting

7.1 Description of Services
Xantrion will host your systems on Xantrion-owned assets, configured to provide a fault-tolerant operating environment for your critical systems.

7.2 Data location
Data is stored in secure DataCenter locations in the continental United States.

7.3 Service Level Agreement
See Section  of this document.

7.4 Effect of Termination
Unless otherwise agreed upon, all client data will be deleted from our hosting environment upon termination of this service.

Prior to termination, in order to ensure continuity of service, at no cost, we will make server images and / or data available to Client or Client’s new service provider for migration to their systems.

We can perform a migration from our service to an alternate provider or provide copies of images on portable media on a time and materials basis.
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8 Limitations applicable to all services

8.1 Support for End Users not covered by a CORE IT agreement Support requests for end users not covered by a CORE IT agreement must be escalated to us by the client’s internal IT team. Xantrion cannot take support requests directly from end users, themselves.

8.2 Policy Authoring, Audit, and Questionnaire Support
Assistance with the creation of Client’s internal compliance and security policies, responses to third party audit requests for a detailed description of client’s cybersecurity, business continuity and / or disaster recovery practices will be provided on a time and materials basis. E.G. regulatory examinations, ISO certification, SSAE audits, investor, insurance, or other due diligence requests. 9 Authorized Contacts
The Client will provide Xantrion with a list of individuals, including e-mail addresses and mobile phone numbers, who are authorized to approve access control requests, as defined in the “Support FAQs for Liaisons” document.
10 Phone and Email Support hours of operation
Our phones are answered live 24 x 7 x 365. Details of coverage as follows:

10.1 Phone Answer
• Phones are answered live by our Client Service Representatives from 5:00 AM to 7:00 PM PST, Monday through Friday, excluding normal holidays. Our CSRs will make every effort to connect you to an Engineer who can assist you immediately.
• If all Engineers are busy when you call, we can arrange for a scheduled call-back • Calls received outside of the defined business hours will be taken by a third-party answering service who will then patch the call to an On-Call Engineer, for resolution.

10.2 E-mail processing
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• Do not e-mail if you need help immediately; please call 866.926.8746 23 www.xantrion.com
15900501.4
• E-mail requests are monitored between 5AM to 6PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day
11 Rates for Services Outside of Scope
Base Hourly Rate
C Level $270/hr.

Engineer IV $235/hr.

Engineer III $210/hr.

Engineer II $185/hr.

Engineer I $155/hr.
• Business hours are 6:00 AM to 7:00 PM PST (M-F,) excluding traditional holidays. • Work outside of business hours, or scheduled less than 1 day in advance, is charged at 1.5 times the applicable base hourly rate.
• Work is charged in fifteen (15) minute increments.
• The minimum site visit charge is four (4) hours of service. 12 Travel Expenses
• There is no charge for travel within our normal service area, defined as the 9 counties that make up the “Bay Area.”
• Client will be notified in advance of any travel or work outside of the Bay Area that will incur added costs.
• Travel Expenses associated with work outside of the Bay Area (including transportation, hotel stays, per diem food expenses) will be billed to the client at cost. • Time associated with travel outside of the Bay Area will be billed at ½ of the applicable Base Hourly Rate.
866.926.8746 24 www.xantrion.com
15900501.4
13 Service Level Agreement

13.1 Response Time

13.1.1 Business-Critical issues
• For “business-critical” issues, or those that prevent a group of individuals from doing their work, Xantrion will make every effort to respond immediately. Your vCIO, if available, or a Xantrion manager, will coordinate the appropriate resources on the Xantrion side and provide you with a summary of impacted systems, a remediation plan and regular updates on progress. • Xantrion will work the issue continuously until resolved, engaging Sr-level Engineering resources, subject matter experts, and vendors, as required.

13.1.2 Non-Urgent Issues and Change Requests
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• E-mail requests are monitored between 5AM to 6PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day

13.2 Service Level Credits
For each thirty (30) minutes of downtime from the time we are notified (excluding scheduled maintenance,) Xantrion will issue a credit of five percent (5%) of the total Hosted Services, Systems Monitoring or Managed Backup Fees due to Xantrion for the month in which such Critical event occurred, not to exceed the total Hosted Services, Systems Monitoring or Data Backup Fees for such month.

Client is not entitled to a credit for downtime or outages resulting from circumstances beyond our control including, but not limited to, ransomware, denial of service attacks, virus attacks, or hacking attempts. 14 Client-Specific Provisions
None.
866.926.8746 25 www.xantrion.com
15900501.4
15 Costs and Service Detail
Type Qty Each Total
Active Users 450 $215 $96,750
Managed SIEM 1 $1,000 $1,000
Backups TBs 60 $100 $6,000
Monthly Total $103,750
Annual Total $1,245,000
The price and employee counts will stay constant through the year unless there are significant changes to the environment; significant defined as 10% or more of the monthly cost. 866.926.8746 26 www.xantrion.com
15900501.4
16 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written below.

Signed:

Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.

Date: August 31, 2026

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.g
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire Department
Prepared by: Zoe Hyland, Wildfire Mitigation
Specialist
City Manager Approval: ______________
TOPIC: AMENDMENT TO CONTRACT WITH ADAPTIVE HOME HARDENING FOR

ADDITIONAL FUNDING
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH ADAPTIVE HOME HARDENING LLC FOR THE VENT HOME HARDENING PROJECT (CONTRACT NO. 2026.0034), IN AN ADDITIONAL AMOUNT NOT TO EXCEED $150,000, FOR A TOTAL AMOUNT NOT TO EXCEED $250,000 AND APPROPRIATING $150,000 FROM AVAILABLE MEASURE C:

WILDFIRE PREVENTION FUND (FUND 242) BALANCE
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 1 (Attachment 2) to the contract with Adaptive Home Hardening LLC for the Vent Home Project, in an additional amount not to exceed $150,000, for a total amount not to exceed $250,000, and authorizing a supplemental budget appropriation of $150,000 from available Measure C: Wildfire Prevention Fund (Fund 242) balance to support this contract amendment.

BACKGROUND:

On February 25, 2026, the City approved a contract (Attachment 3) with Adaptive Home Hardening LLC for $100,000 to implement the Vent Home Hardening Direct Assistance program. The program provides direct assistance to eligible residents to retrofit vents on their homes to reduce wildfire risk, particularly for properties located within high fire severity zones. During the procurement process, four contractors submitted bids. Staff reviewed the bids for qualifications, experience with similar work, and proposed rates, and selected Adaptive Home Hardening as the most qualified and cost-effective vendor to perform the work.

Since the program's launch, staff have received a higher-than-anticipated level of interest from residents located in high fire severity zones who wish to participate in the direct assistance program. Thus far, the program has allowed the retrofitting of vents on 90 homes in high fire severity zones. This program has proven the most cost-efficient way for the City to help residents improve ember safety on vents compared to a comparable grant program. The current contract amount of $100,000 is insufficient to accommodate additional demand.

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

Staff have reviewed the current program enrollment and waitlist and determined that additional funding is needed to allow eligible residents in high fire severity zones to complete the home hardening work.

Staff recommend amending the existing agreement with Adaptive Home Hardening rather than pursuing a new procurement, because:
• The vendor is already performing satisfactorily under the existing agreement and is familiar with program requirements, eligibility criteria, and site conditions (Off Ridge Vent – $32; Standard Eave Vent – $28; Foundation Vent – $28; Gable Vent – $44; Continuous Soffit Vents – $10 per foot), with all other terms of the Contract remaining unchanged • Amending the existing agreement avoids the delay and cost associated with a new solicitation process, allowing eligible residents to receive assistance sooner. • The proposed amendment keeps the total contract value ($250,000) consistent with the scope of work needed to serve the expanded pool of interested residents. • The direct assistance program compares favorably in cost-effectiveness to the City's wildfire mitigation grant program. Under the direct assistance model, the City contracts with the qualified vendor at a pre-approved, agreed upon rate, which allows more homes to be hardened against wildfire per dollar spent than under the grant program where individual residents separately solicit and pay contractors for labor and material costs.

Staff find that approving the amendment is consistent with the City's adopted Wildfire Action Plan and MWPA Workplan, as it directly supports home hardening improvements and risk reduction for residents in high fire severity zones. In addition, the project aligns with Priority Area C of the City's Three-Year Strategic Plan to identify hazards that threaten the community, determine their likely impacts, set mitigation goals, and prioritize strategies to lessen these impacts.

FISCAL IMPACT:

If the resolution is approved, the contract with Adaptive Home Hardening LLC would increase by $150,000, from $100,000 to a new total not-to-exceed amount of $250,000. There is an adequate fund balance in Fund 242 – Wildfire Prevention for the additional supplemental appropriation of $150,000.

OPTIONS:

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

1. Approve the resolution as proposed by staff

2. Approve the resolution with amendments

3. Direct Staff to return with more information

4. Take no action
RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution

2. Contract Amendment

3. Original contract with Adaptive Home Hardening
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE

CONTRACT WITH ADAPTIVE HOME HARDENING LLC FOR THE VENT HOME HARDENING PROJECT (CONTRACT NO. 2026.0034), IN AN ADDITIONAL AMOUNT NOT TO EXCEED $150,000, FOR A TOTAL AMOUNT NOT TO EXCEED $250,000 AND APPROPRIATING $150,000 FROM AVAILABLE MEASURE C: WILDFIRE PREVENTION FUND (FUND 242) BALANCE WHEREAS, the City of San Rafael Fire Department administers the Vent Home Hardening Project, a wildfire risk-reduction program that retrofits non-compliant roof, attic, and foundation vents on homes in designated high-risk areas with ember-resistant vent screening in compliance with the California Building Code; and
WHEREAS, on February 25, 2026, the City authorized a contract with Adaptive Home Hardening LLC (Contract No. 2026.0034) for pre-installation coordination, on-site assessment, and installation of ember-resistant vent screening at eligible program addresses, for a not-to-exceed Contract Price of $100,000; and
WHEREAS, the Contractor has continued to receive eligibility letters from residents in designated high-risk areas, has scheduled and performed on-site assessments and installations, and has demonstrated the capacity and performance necessary to continue and expand this work; and WHEREAS, based on the Contractor’s proposal submitted on November 19th 2025, City staff and the Contractor have negotiated Amendment No. 1 to the Contract to continue Task 1 (Pre-Installation Coordination and On-Site Assessment), Task 2 (Removal, Installation, and Documentation), and Task 3 (Resident Communication and Reporting/Invoicing), at the fixed per-vent rates set forth in the original Scope of Work; and
WHEREAS, Amendment No. 1 increases the not-to-exceed Contract Price by $150,000, from $100,000 to a new not-to-exceed Contract Price of $250,000, to allow the Contractor to continue installations at additional eligible properties with the additional $150,000 to be appropriated from account 24200000-34134, Reserve: Wildfire Prevention-D.00, which has a current available balance to fund the amendment; and
WHEREAS, the vent home hardening project has proved successful with a total of 90 homes being retrofitted with ember-resistant mesh screening this calendar year; and WHEREAS, sufficient funds are available for this purpose within the City’s designated Measure C Defensible Space funds.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael finds the foregoing recitals are true and correct, and hereby authorizes the City Manager to execute Amendment No. 1 to the contract with Adaptive Home Hardening LLC for the Vent Home Hardening Project (Contract No. 2026.0034), in an additional amount not to exceed $150,000, for a total amount not to exceed $250,000, and authorizing a supplemental budget appropriation of $150,000 from available Measure C (Fund 242) fund balance to support this contract amendment.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on October 5, 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.h
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Ryan Montes, Operations and
Maintenance Manager City Manager Approval: __________
TOPIC: STORMWATER PUMP STATION REPAIR AGREEMENT
SUBJECT: RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE

AGREEMENT WITH PUMP REPAIR SERVICE COMPANY TO REPLACE TWO (2) STORMWATER PUMPS FOR AN AMOUNT NOT TO EXCEED $460,000 RECOMMENDATION:

Staff recommend that the City Council adopt a resolution waiving competitive bidding requirements and authorize the City Manager to enter into a maintenance agreement with Pump Repair Service Company to replace two (2) stormwater pumps in an amount not to exceed $460,000.

BACKGROUND:

The City of San Rafael has twelve stormwater pump stations that serve as the backbone of the City’s flood control system. Most storm drain inlets are located along roadways throughout the City and drain into one of the twelve pump stations, which run thirty-four (34) pumps. The pump stations can discharge a combined two (2) million gallons of water per minute during significant storm events. The importance of well-functioning pump stations cannot be overstated, as San Rafael is especially susceptible to flooding due to its unique geography. The combination of more severe weather events, extreme king tides, and sea level rise makes it imperative to invest in this critical infrastructure. This upcoming storm season is anticipated to be particularly challenging because of El Niño.

While the Department of Public Works maintenance staff performs day-to-day maintenance at the stations, the City annually contracts for thorough inspections and repairs to the pump stations through more specialized companies to ensure the pumps and control systems are properly functioning ahead of the upcoming winter storm season.

It is important to note that all but four (4) of the stormwater pump stations (Lindaro, North Francisco, Rossi, and San Quentin) were constructed in the 1950s and 1960s and continue to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
rely on original equipment, including pumps and control systems. During heavy rain events, garbage, rocks, and other debris often enter the stormwater pump station system, causing significant damage to the pumps and piping system over time.

Damaged pumps must be pulled using large construction equipment and taken to an outside facility specializing in pump repair for repairs and rebuilds. In many cases, replacement of the pump components is required, as they can be completely damaged by debris. When the pumps are installed, they are submerged at the pump station; it is nearly impossible to determine the full extent of the damage on the inside of the fully enclosed pump system. Removal and disassembly of the pump are needed to assess the damage fully. Since many of the pumps are the original units which have been rebuilt multiple times over the years, they are reaching a point where complete replacement is necessary.

ANALYSIS:

The City has bid these repairs competitively several times over the years. However, lack of bidders, inadequate service by low-bid contractors, and the specialized nature of the work led the City to work exclusively with Pump Repair Service Company of San Francisco. Few repair companies have the expertise required to service pumps from the 1950s and 1960s, most of which were manufactured by Cascade Pump or Peerless Pump. Pump Repair Service Company has the expertise to work on these pumps and has successfully repaired other City stormwater pumps on several occasions. Staff recommends the waiver of competitive bidding for the work described above, as described in section 2.55.100(C) of the San Rafael Municipal Code:
“Supplies, materials, equipment, and services that can only be obtained from a sole source or that are specialty in nature. If limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or other valid reasons for waiving competition appear, then purchases may be made without recourse to the competitive bidding provisions of this chapter. Approval of waiver of competitive bidding shall be given by the same level of authority as set forth in the section for award authority.” The following pumps and motors are still currently operational but have reached their end of life and need to be replaced:

Storm Water Pump Station Schedule Cost
Corp Park Pump Station (Second St) #2
Pump and Motor
30-32 Weeks $261,504.39
Cayes Pump Station #1 Pump and Motor 20-24 Weeks $155,077.02 Total $416,581.41
Contingency $43,418.59
Total With Contingency $460,000
Corp Park Pump Station (Second St): The Corp Park pump station was constructed in the 1950s. Pump and motor maintenance records at this station are limited, but it is believed these are the original pump and motors, which have been repaired and rebuilt various times over the years. Pump #2 has significant wear and corrosion in the suction bells, and testing shows motor #2 is reaching the end of its life. Staff recommends replacing the pump with a Cascade pump that meets or exceeds current pumping requirements. Staff also recommends replacing the motor with a US Motor due to its age and compatibility with the new pump. The recommended Cascade SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
pump and US Motor are shown in the estimate provided by Pump Repair Service Company (Attachment 2).

Cayes Pump Station: The Cayes pump station was constructed in the 1960s with the development of the Spinnaker/Baypoint neighborhoods. The station serves the Baypoint Lagoon, which acts as the primary stormwater detention basin for the surrounding area. Pump and motor maintenance records are limited for this station, but it is believed that pump #1 and motor are the original units that have been repaired and rebuilt various times over the years. Pump #2 and motor were replaced in 2017. Pump #1 at the Cayes Pump Station shows significant wear and corrosion throughout, and testing shows motor #1 is reaching the end of its life. Staff recommend replacing the pump with a new Cascade pump that meets or exceeds current pumping requirements. Staff also recommends replacing the motor with a US Motor at the same time due to its age and compatibility with the new pump. The recommended Cascade pump and US Motor are shown in the estimate provided by Pump Repair Service Company (Attachment 2).

The recommendation to purchase the Cascade pumps and US Motor manufactured motors for the replacement work at all pump stations is based on the staff’s thorough research regarding the most appropriate equipment needed for the pump station equipment replacement, which determined that:

1. Both the Cascade pump and US Motor are recommended because the specialized nature, quality, and unique suitability of the equipment meet the City’s needs.

2. Both manufacturers maintain a reputation for specialization, quality, and durability and are uniquely suited to assist with standardizing pumps and motors at City stormwater pump stations.

3. Five (5) of the City’s pump stations are equipped with Cascade pumps and US Motors, including the newly constructed San Quentin pump station as well as recently replaced pumps and motors at Kerner and Canal pump stations.

Both the Cascade pumps and US Motors are manufactured in the USA and include warranties.

FISCAL IMPACT:

The recommendation would result in expenditures totaling an amount not to exceed $460,000.

The Fiscal Year 2026-27 Approved Budget includes $750,000 in appropriations for contractual services from the Stormwater Drain Maintenance Fund (Fund #205) to support work related to the stormwater system.

OPTIONS:

1. Approve the waiver of competitive bidding and authorize the City Manager to enter into the agreement with Pump Repair Service Company as recommended for a not to exceed amount of $460,000.

2. Direct the City staff to solicit additional bids. This option will take additional time and may significantly impact the functionality of the pump stations for future storm seasons.

RECOMMENDED ACTION:

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

1. Resolution

2. Proposed Public Works Contract with Pump Repair Service RESOLUTION NO.

RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING THE

CITY MANAGER TO ENTER INTO A MAINTENANCE AGREEMENT WITH PUMP REPAIR SERVICE COMPANY TO REPLACE TWO (2) STORMWATER PUMPS FOR AN AMOUNT NOT TO EXCEED $460,000
WHEREAS, the Department of Public Works maintains twelve (12) stormwater pump stations; and WHEREAS, the Department of Public Works annually assesses repair and replacement needs of the stormwater pump stations; and
WHEREAS, the Department of Public Works has determined the need to replace a total of two (2) pump units, one (1) at the Corp Park pump station and one (1) at the Cayes pump station; and WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.C, the City Council may waive bidding requirements if there are valid reasons for waiving bidding; and WHEREAS, the importance of well-functioning pump stations cannot be overstated, as San Rafael is especially susceptible to flooding due to its unique geography. The combination of more severe weather events, extreme king tides, and sea level rise makes it imperative to invest in this critical infrastructure; and
WHEREAS, the Department of Public Works has unsuccessfully solicited bids for specialized pump repairs in the past; and
WHEREAS, the Department of Public Works recommends waiving competitive bidding requirements as this upcoming storm season is anticipated to be particularly challenging because of El Niño, and entering into a maintenance agreement with Pump Repair Service Company for an amount not to exceed $460,000 will allow the City to undertake necessary maintenance to weather the upcoming storm season; and
WHEREAS, appropriations for pump maintenance and repairs were included in the Fiscal Year 2026-27 Budget approved by the City Council on June 15, 2026 and included in the Stormwater Drain Maintenance Fund (Fund #205) in the approved budget; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby waives competitive bidding requirements pursuant to San Rafael Municipal Code Section 2.55.100 and authorizes the City Manager to enter into a maintenance agreement with Pump Repair Service Company to replace two (2) stormwater pumps in an amount not to exceed $460,000.

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 5th day of October 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.i
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Mariana Sanchez, Junior Engineer City Manager Approval: _________ TOPIC: LINCOLN AVENUE CORRIDOR SAFETY IMPROVEMENTS AT WILSON COURT

AND BROOKDALE AVENUE PROJECT
SUBJECT: RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH ALTOR CONSTRUCTION LLC (“ALTOR”) TO INCREASE THE NOT-TO-EXCEED CONTRACT AMOUNT BY $790, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $327,990; AND ACCEPTING COMPLETION OF THE LINCOLN AVE CORRIDOR

SAFETY IMPROVEMENTS AT WILSON CT AND BROOKDALE AVE PROJECT, CITY PROJECT NO. C441145310, AND AUTHORIZE THE CITY CLERK TO FILE THE

NOTICE OF COMPLETION
RECOMMENDATION:

Staff recommends that the City Council adopt the resolution authorizing an increase to the Altor Construction LLC (“Altor”) not-to-exceed contract amount by $790, increasing the total not-to-exceed contract amount from $327,200 to $327,990 to cover the additional time and materials required to complete the Lincoln Ave Corridor Safety Improvements at Wilson Court and Brookdale Avenue Project ("Project"); accept completion of the Project; and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

The two intersections at Lincoln Avenue/Wilson Court and Lincoln Avenue/Brookdale Avenue were identified as safety priorities in Marin County’s 2018 Systemic Safety Analysis Report (SSAR). The Project improvements included installing rectangular rapid flashing beacons (RRFBs) and corner curb extensions (bulb-outs), upgrading curb ramps, resurfacing the roadway, and enhancing roadway striping and pavement markings to improve pedestrian safety.

On December 15, 2025, the City Council awarded the construction contract to Altor for $284,480 and approved a construction contingency of $42,720, for a total appropriation of $327,200. Construction began on April 6, 2026, and was completed on August 11, 2026.

ANALYSIS:

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

The total appropriations for the contract with Altor were $327,200 for construction costs. The final project construction cost totaled $327,990, resulting in a $790 overrun. The additional costs were for temporary traffic and pedestrian control at the intersection of Lincoln Avenue and Wilson Court near the existing Marin Transit bus stop to allow continued access during construction. The additional costs will be paid through the increased not-to-exceed contract amount. The proposed contract amendment incorporates the change order utilizing the authorized project contingency, plus the overrun of $790.

FISCAL IMPACT:

The City Council approved appropriations of $310,000 in the Fiscal Year (FY) 2024-25 Budget and $175,000 in the FY 2025-26 Budget, bringing the total Project budget to $485,000.

The Project was funded through State funds from the Local Highway Safety Improvement Program (HSIP) and City Gas Tax Fund (206).

No additional project appropriation is required, as sufficient funding is available within the existing project budget to supplement the increase to Altor’s not-to-exceed amount by $790, increasing the total not-toexceed contract amount from $327,200 to $327,990.

The total cost to complete this project is approximately $477,500, including project design, construction, construction cost overrun, and construction inspection. The remaining project budget of $7,500 will be returned to the Gas Tax Fund (206) balance.

In accordance with Project specifications, the City retained five percent of the full amount due on each progress payment to Altor, resulting in a total construction retention of $16,400. The City will make the final payment and release the undisputed retention 35 days after the recordation of the Notice of Completion.

OPTIONS:

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

1. Adopt the resolution as proposed by staff.

2. Do not adopt the resolution and direct staff to return with more information.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution

2. Draft Amendment to the Construction Contract with Altor

3. Notice of Completion
RESOLUTION NO.

RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH ALTOR CONSTRUCTION LLC (“ALTOR”) TO INCREASE THE NOT-TO-EXCEED CONTRACT AMOUNT BY $790, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $327,990; AND ACCEPTING

COMPLETION OF THE LINCOLN AVE CORRIDOR SAFETY IMPROVEMENTS AT WILSON CT AND BROOKDALE AVE PROJECT, CITY PROJECT NO. C441145310, AND AUTHORIZE THE CITY

CLERK TO FILE THE NOTICE OF COMPLETION
WHEREAS, to improve pedestrian safety at the intersections of Lincoln Avenue/Wilson Court and Lincoln Avenue/Brookdale Avenue, the City of San Rafael advertised the Lincoln Ave Corridor Safety Improvements at Wilson Court and Brookdale Avenue Project on November 4, 2025; and WHEREAS, Altor submitted the lowest responsive and responsible bid for $284,480; and WHEREAS, the City entered into a construction contract with Altor, dated December 23, 2025, in the amount of $327,200, which included a construction contingency of approximately 15 percent ($42,720), for construction of the Project; and
WHEREAS, during construction, the quantities for various bid items differed from the quantities installed by the Contractor, resulting in Change Order No. 7 for $10,792.67; and WHEREAS, after review of the Project costs, staff determined that an additional $790 is necessary to fully compensate the contractor for the completed work and to increase the contract's notto-exceed amount; and WHEREAS, the construction contract for $327,200 was funded through State funds from the Local Highway Safety Improvement Program (HSIP) and City Gas Tax Fund (206); and WHEREAS, the City Council approved appropriations of $310,000 in the Fiscal Year (FY) 2024- 25 Budget and $175,000 in the FY 2025-26 Budget, bringing the total Project budget to $485,000; and WHEREAS, sufficient funding is available in the City's Gas Tax Fund (Fund 206), as appropriated in the FY 2025-2026 Budget, to fund the additional $790 contract amendment; and WHEREAS, approval of this amendment will increase the contract's not-to-exceed amount from $327,200 to $327,990.

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

1. The foregoing recitals are true and correct.

2. Authorizing an amendment to the contract with Altor Construction LLC to increase the notto-exceed contract amount by $790, for a total not-to-exceed contract amount of $327,990

3. 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 5
th day of October 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk

Lincoln Ave Corridor HISP 11 2022 Form NOTICE OF COMPLETION Project #C441145310 Page 1
Recording Requested By:

The City of San Rafael
When Recorded Mail To:

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

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

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

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

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

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

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

5. Construction work on the Project performed on City’s behalf is generally described as follows: Installation of rectangular rapid flashing beacons (RRFBs) and corner curb extensions (bulb-outs), upgrades to curb ramps, roadway resurfacing, and enhancements to roadway striping and pavement markings at the intersections of Lincoln Avenue/Wilson Court and Lincoln Avenue/Brookdale Avenue.

6. The name of the original Contractor for the Project is: Altor Construction LLC, located at 1469 Creekside Dr, Unit 2019, Walnut Creek, CA 94596

7. The Project was accepted as complete on: August 11, 2026

8. The Project is located at: Intersections at Lincoln Avenue/Wilson Court and Lincoln Avenue/Brookdale Avenue in San Rafael, CA
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
Name and Title April Miller, Director of Public Works

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

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.a
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by:

Alexis Captanian, Housing Manager
Margaret Kavanaugh-Lynch, Planning Manager
Greg Minor, Assistant Director
City Manager Approval: ____________
TOPIC: STATE OF CALIFORNIA PROHOUSING DESIGNATION
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE STATE OF CALIFORNIA’S PROHOUSING DESIGNATION PROGRAM
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing application to and participation in the State of California’s Prohousing Designation Program.

BACKGROUND:

Below, staff offers background on California’s Prohousing Designation Program (PDP) as well as City housing policies, including the City’s 2023-2031 Housing Element, the City’s Strategic Plan for Fiscal Years 2025-2028, and the City’s Affordable Housing Trust Fund and Community Development Block Grant Process.

The State of California’s Prohousing Designation Program As part of a broader campaign to increase the availability of housing statewide, the 2019-2020 California Budget Act established the PDP (Government Code Section 65589.9). The PDP rewards local jurisdictions that go above and beyond state housing law by providing PDP jurisdictions with priority when applying for state housing programs, including Affordable Housing and Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), Transformative Climate Communities (TCC), Solutions for Congested Corridors (SCCP), Local Partnership Program (LPP), Transit and Intercity Rail Capital Program (TIRCP), and Sustainable Transportation Planning Grant Program (STPG). Receiving a Prohousing Designation also allows jurisdictions to apply to the Prohousing Incentive Pilot Program (PIP). PIP offers local governments funding to plan or implement the predevelopment, development, acquisition, rehabilitation, or preservation of affordable housing, as well as to assist persons experiencing or at risk of homelessness. In the most recent PIP Notice of Funding Availability cycle, the lowest funding award was $315,762.38.

As of August 10, 2026, 75 local jurisdictions have earned a Prohousing Designation; however, no jurisdiction in Marin County has achieved this distinction. Once a jurisdiction receives a Prohousing Designation, the designation can remain for up to three years from the first day of January following the date of that jurisdiction’s Designation.

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To receive a Prohousing Designation, the California Department of Housing and Community Development (HCD) requires local jurisdictions to satisfy threshold requirements and achieve a minimum score on HCD’s scored PDP application. HCD’s threshold requirements include a compliant housing element, submission of legally sufficient Annual Progress Reports, completion of any staterequired rezoning, compliance with all state housing laws, and constitutional homeless encampment management practices. Additionally, HCD specifically requires local jurisdictions to make findings in the resolution authorizing applying for Prohousing designation that the local jurisdiction will refrain from enacting laws or taking actions that inhibit housing production, including moratoriums on development, local voter approval requirements, downzoning, and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. HCD then divides the scored portion of the PDP application across four categories: (1) favorable zoning and land use, (2) acceleration of housing production timeframes, (3) reduction of construction and development costs, and (4) providing financial subsidies. Once a local jurisdiction submits a PDP application, HCD has 60 days to complete its review.

San Rafael’s 2023-2031 Housing Element
In 2023, the San Rafael City Council adopted its 2023-2031 Housing Element, which included housing policies and programs to meet the City’s existing and projected housing needs across all income groups and to affirmatively further fair housing. These policies and programs are organized under four goals:
end and prevent homelessness; combat housing discrimination, eliminate racial bias and undo historic patterns of segregation; ensure housing habitability and maintenance; and meet housing needs through a variety of housing choices throughout the City. The Housing Element also included Program 18: ProHousing City Designation, “Apply for designation as a ‘Pro-Housing City’ by the State of California.” The City’s 2025 Annual Progress Report includes a summary of progress on Housing Element programs.

San Rafael’s Strategic Plan for Fiscal Years 2025-2028
In addition to adopting its current Housing Element, the City Council adopted a Three-Year Strategic Plan for Fiscal Years 2025-2028 in June 2025. The Strategic Plan features Priority Area D: Housing and Homelessness, Facilitate new housing development, assist in ensuring housing stability, support a “Housing First” model, and implement strategies that reduce homelessness. Within Priority Area D, the Strategic Plan includes the following goals:
• Goal D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness. • Goal D.2: Advance the development of new housing across all affordability levels to meet the state’s regional housing needs allocation (RHNA) requirements as outlined in the City’s Housing Element, ensuring diverse, sustainable, and equitable housing opportunities for all residents.

San Rafael’s Affordable Housing Trust Fund and Community Development Block Grant The City provides financial support for the development and preservation of affordable housing through the City’s Affordable Housing Trust Fund and Community Development Block Grants (CDBG). The Trust Fund relies on in-lieu fees paid by developers of market-rate housing and commercial projects subject to the fee prescribed by San Rafael Municipal Code 14.16.030(J). The amount of available Trust Fund dollars varies depending on the amount of development activity occurring in the City and whether housing developments include a sufficient percentage of affordable housing onsite to be exempt from the in-lieu fee. In recent years, more housing developers have included affordable units onsite to invoke the State Density Bonus Law, increase the size of their developments, and use concessions and waivers to set aside local development standards. As a result, funding available in the City’s Affordable Housing Trust Fund has decreased significantly.

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The CDBG process provides the City’s secondary source of affordable housing funding. The 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.

For many years, the City of San Rafael has maintained a cooperative agreement with the County of Marin to coordinate the allocation and management of CDBG funds more effectively. In 2026, San Rafael received $508,032 in CDBG funding through the County-administered process.

ANALYSIS:

Obtaining Prohousing Designation from HCD will advance both the City’s Housing Element and Strategic Plan by making additional state funds available that the City can apply toward housing-related efforts. For example, with a Prohousing Designation, San Rafael can apply for the PIP, which offers funding only to local jurisdictions with a Prohousing Designation. Local governments can use PIP funds for the predevelopment, development, acquisition, rehabilitation, and preservation of affordable housing, as well as to assist people experiencing or at risk of homelessness. In addition to PIP funds, a Prohousing Designation would improve San Rafael’s eligibility for other state housing, infrastructure, and transportation-related grants. These additional funding sources are particularly critical given the decrease in in-lieu fee payments to the City’s Affordable Housing Trust Fund and the relatively limited amount of CDBG funds available to San Rafael annually. Thus, obtaining a Prohousing Designation offers opportunities to advance a broad range of Housing Element programs and policies, as well as the City’s Strategic Plan Goals, aimed at securing funding to reduce homelessness and further the development of housing across all income levels.

To obtain a Prohousing Designation, San Rafael must satisfy HCD’s threshold requirements, including remaining in compliance with state housing laws and refraining from actions that constrain housing production. With respect to complying with state law, this is an existing requirement that the City can and must continue to carry out. With regard to refraining from taking actions that constrain housing production, the City has followed and will continue to follow this approach; should the City Council wish to amend the City’s development policies, staff will consult with HCD to ensure that any amendment is not unduly restrictive or onerous in order to satisfy this PDP obligation.

Additional threshold application requirements include confirming that City policies comply with the City’s duty to affirmatively further fair housing pursuant to Government Code sections 8899.50 and 65583.

The City’s 2023-2031 Housing Element includes an assessment of fair housing and programs to combat housing discrimination, eliminate racial bias, and undo historic patterns of segregation.

Likewise, the Prohousing application requires the City to confirm that its General Plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155– 21155.4. San Rafael’s General Plan 2040 directly aligns with Plan Bay Area 2050, the region’s Sustainable Communities Strategy, by concentrating housing and employment growth within designated Priority Development Areas (PDAs), expanding multi-modal connectivity, and embedding climate resilience strategies.

The last threshold requirement is that the City must confirm that its policies for the treatment of homeless encampments on public property complies with and will continue to comply with the Constitution, and that the City has enacted best practices consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments.” The City meets these SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
requirements by regulating, rather than prohibiting, camping on public property through San Rafael Municipal Code Chapter 19.50. Adopted in 2023 and amended in 2024, the ordinance sets reasonable time, place, and manner limits on campsite size, spacing, and setbacks rather than criminalizing the status of being homeless. The ordinance was upheld in federal litigation, and it is consistent with both the U.S. Supreme Court's 2024 decision in City of Grants Pass v. Johnson as well as with the constitutional protections that apply to notice, due process, and personal property. Before any enforcement, the City gives advance written notice, seeks voluntary compliance first, and stores personal property for 90 days. It treats enforcement as a last resort.

The City's approach is also consistent with the USICH "7 Principles for Addressing Encampments" as outlined below:

1. Cross-agency, multi-sector response. The City coordinates across the City Manager's Office, Police, Fire, and Public Works, and works in partnership with the County of Marin and nonprofit providers.

2. Engagement of encampment residents. The City consulted people with lived experience, including the Marin County Lived Experience Advisory Board, in designing its implementation plan.

3. Comprehensive and coordinated outreach. Street outreach and intensive case management are provided through the City and County's Homeless Outreach Team and partner organizations.

4. Basic needs and storage. The City provides sanitation, garbage service, tents, and sleeping bags, and stores property for 90 days.

5. Access to shelter and housing options. The City created a managed Sanctioned Camping Area with case management, security, and hygiene services, and connects residents to shelter and housing placements.

6. Pathways to permanent housing. The City uses state Encampment Resolution Funds and its Affordable Housing Trust Fund to connect residents with housing-focused case management and permanent housing opportunities.

7. Planning for sites after resolution. The City uses administrative orders, signage, and ongoing site assessments to restore resolved areas and prevent encampments from re-forming.

The City will continue to review its policies and practices to ensure ongoing compliance with constitutional requirements and alignment with these principles.

In addition to meeting threshold requirements, to secure a Prohousing Designation the City must fulfill commitments it made when the City adopted its Housing Element in 2023. Staff performed a selfassessment of whether the City meets the minimum required score on HCD’s PDP application and found that the City exceeds the required score, provided the City proceeds with implementing its Housing Element policies and programs. Examples of Housing Element Programs the City would need to implement include the following:
• Program 19: Develop an official City process for developing housing on City-owned lots • Program 20: Prepare a Precise Plan for the North San Rafael Priority Development Area • Program 25: Adopt Objective Design Standards
• Program 36: Reduce Fee Burdens for Affordable Housing Projects • Program 43: Revisions to Parking Standards
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The City’s Community and Economic Development Department’s workplan includes the abovereferenced programs. Accordingly, over the next two years, staff will prepare the Housing Element programs for City Council consideration, keeping the City in compliance with the PDP.

COMMUNITY OUTREACH:

The City Council’s direction to apply for California’s Prohousing Designation emerged from the 2023 adoption of the 2023-2031 Housing Element, which was the product of an intensive public outreach program. The public outreach included three community workshops, eight Working Group meetings, eight briefings to the Planning Commission and City Council, a resident survey, a developer forum, focus groups, interviews, a youth/school program, and presentations to multiple neighborhood groups and community-based organizations.

Additionally, staff presented an update on the City’s application to the PDP at the September 22, 2026, Economic Development and Housing Subcommittee meeting.

FISCAL IMPACT
There is no direct fiscal impact associated with the City applying for Prohousing Designation; however, if the State of California designates the City as Prohousing, the City will gain access to state housing grant funds it is currently ineligible for and will receive priority in available competitive state grant programs. These new state funds will maximize the impact of any City funds invested in housing developments and could reduce the need to dedicate City funds to affordable housing developments.

OPTIONS:

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

1. Adopt the resolution as presented.

2. Adopt the resolution with modifications. Should the Council take this approach, it should be noted that per HCD, any changes to the template resolution must be shown in strikethrough/underline, and substantive deviations may delay review.

3. Take no action and provide direction to staff.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution authorizing application to and participation in the State of California’s Prohousing Designation Program.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE STATE OF CALIFORNIA’S PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of San Rafael (“Applicant”) desires now to submit an Application for a Prohousing Designation (“Application”).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve the following actions:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. The City further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply with and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

4. If the Application is approved, the City Manager is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. The City acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the City for participation in the Program.

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 5th day of October 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: 3.b
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Micah Hinkle, CED Director
Prepared by:

Greg Minor, Assistant Director
Alexis Captanian, Housing Manager
City Manager Approval: ____________
TOPIC: EXCLUSIVE NEGOTIATING AGREEMENT REGARDING AFFORDABLE HOUSING SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

EXCLUSIVE NEGOTIATING AGREEMENT WITH EDEN HOUSING FOR

NEGOTIATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR AFFORDABLE HOUSING AT THE PROPERTY LOCATED AT 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (ASSESSOR’S PARCEL NUMBERS 179- 041-27 AND 179-041-28) (PROPERTY)
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into an exclusive negotiating agreement with Eden Housing to negotiate a disposition and development agreement for affordable housing at 350 Merrydale Road and 3833 Redwood Highway (APNs 179- 041-27 and 179-041-28).

BACKGROUND:

Below, staff provides background on the acquisition of 350 Merrydale Road, the Request for Proposals (RFP) for developing affordable housing at 350 Merrydale Road, as well as California’s Surplus Land Act (SLA). Background on the City’s housing landscape, including the lack of housing supply and affordable housing, is available in the November 17, 2025, staff report to the City Council regarding the acquisition of 350 Merrydale. Additionally, on March 16, 2026, staff provided a Housing Element Annual Progress Report (APR) with San Rafael’s progress toward ensuring housing opportunities across all income levels as required by state law. The 2025 APR revealed that as of the end of 2025, San Rafael had issued building permits for less than seven percent of its current Regional Housing Needs Allocation (RHNA) and had not exceeded eleven percent in any income category for the 2023-2031 period.

The Acquisition of 350 Merrydale Road
To further the City’s adopted housing goals, at the November 17, 2025, City Council Meeting, the City Council authorized the purchase of 350 Merrydale Road to serve as an interim shelter for up to 65 unhoused individuals for the next two to three years, followed by a permanent affordable housing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
development consisting of at least 80 units entitled by June 30, 2028. The November 17, 2025, staff report describes how the acquisition aligns with the City’s adopted Housing Goals.

The County of Marin provided funding for this acquisition. A grant agreement between the City and County governs the City’s use of the property. The grant agreement requires that the City entitle an affordable housing project consisting of at least 80 units by June 30, 2028. If the City fails to satisfy this deadline, the City must pay the County $100,000 for every unit not entitled. Furthermore, the City recorded a regulatory agreement and declaration of restrictive covenants that restrict the property's use in perpetuity to at least 80 units of affordable housing.

The property consists of approximately 2.5 acres of land located just west of the US Highway 101 transportation corridor in northern San Rafael, roughly two miles north of downtown. The property has two physical addresses: 350 Merrydale Road and 3833 Redwood Highway, San Rafael. The Marin County Assessor records the property as Assessor’s Parcel Numbers (APNs) 179-041-27 and 179- 041-28.

The property is designated as a Planned Development (PD) District under the City’s zoning ordinance and currently consists of three single-story buildings, most recently occupied by an adult school. The buildings are separated by small courtyards and surrounded by an asphalt-surfaced parking lot.

Surrounding land uses include commercial businesses to the north and south; a residential apartment building also adjoins to the south along Merrydale Road. A residential subdivision is to the west across Merrydale Road, and the US Highway 101 corridor neighbors the site to the east. The property is approximately half a mile from the Sonoma-Marin Area Rail Transit (SMART) Marin Civic Center Station. Lastly, before acquiring the property, the City’s Planning Commission adopted a Resolution on November 4, 2025, finding that the acquisition conformed to the City’s General Plan.

In terms of the number of potential on-site housing units, based on the site’s net acreage and maximum net density (21.8-43.6 units/net acre), the City’s local regulations anticipate the site can accommodate approximately 76 units. However, the State Density Bonus Law authorizes housing developments providing affordable housing to exceed local density restrictions, depending on the level of affordability provided.

The RFP Process for the Development of Affordable Housing To advance the permanent affordable housing development at 350 Merrydale, staff published an RFP on February 19, 2026, to identify a developer with the best vision for an on-site affordable housing development. The RFP informed developers about both the property itself and the City’s goals for the project. The RFP requested that developers provide:
• A project proposal;
• A description of the developer team’s qualifications; • A financing plan for the project; and
• Proof of financial capacity to complete the project.

Staff received responses from the following five firms before the May 1, 2026, response deadline: EAH Housing (EAH), Eden Housing (Eden), the Pacific Companies, the Samuelian Group, and Satellite Affordable Housing Associates (SAHA).

A panel was convened to review the responses and consisted of City and County staff and a representative of the San Rafael Chamber of Commerce. Panel members individually reviewed and scored the responses based on the RFP scoring criteria of the project proposal (40 points possible), SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
the developer team/personnel (30 points possible), and the financials (30 points possible). While the Pacific Companies and Samuelian Group both proposed substantial housing, and the Pacific Companies offered to purchase the property, the panel found these teams either did not rate as highly for experience or did not include sufficient detail, such as a design proposal and community engagement plan. Additionally, finalist proposals had deeper average affordability and responded to needs identified in the City’s Housing Element, such as including three-bedroom units to support families. As a result, the panel found EAH, Eden, and SAHA’s proposals the most responsive, as they are all experienced affordable housing developers that committed to the following project elements:
• Covering all predevelopment costs;
• Funding the project through state grants and federal tax credits; • Community engagement;
• Ensuring the entitlement of at least 80 units by June 30, 2028; • Providing a range of services for future residents;
• Sustainable design measures; and
• Offering to lease the property for 99 years for $1 annually.

As part of the RFP process, the potential affordable housing developers were given an opportunity to propose a project vision that they can finance, construct, and operate. The review panel scored Eden highest because its proposal would provide the most housing units, parking, and neighborhood improvements. Additionally, Eden is an experienced affordable housing provider in strong financial standing. Moreover, while Eden’s proposal had the highest cost per unit, the panel found that the proposed size of Eden’s development should make it competitive for state and federal funding to cover these costs. Ultimately, all three top development teams can meet the requirements of the City and County’s grant agreement, as they all outlined proposals delivering at least 80 units of affordable housing within the required timeframe, have decades of affordable housing experience, and have sufficient financing strategies to execute their respective proposals.

On August 20, 2026, staff presented a summary of EAH, Eden, and SAHA’s proposals to the City Council 350 Merrydale Affordable Housing Project Subcommittee, focused on their major project components outlined in Figure One below.

Figure One: Overview of the Proposals
Summary of Proposals
EAH Eden1 SAHA
Proposed Number of Units 81 111 96
Number of Stories 3 5 4
Ratio of Parking Spaces per Unit 1.14 1.5 0.75
Average AMI Affordability Level 45% 49% 49%
Per Unit Cost
$722,296 $886,153 $782,168
The City Council 350 Merrydale Affordable Housing Project Subcommittee concurred with the review panel’s analysis that while EAH, Eden, and SAHA are all strong development teams, Eden’s proposal merits recognition as providing the most housing and neighborhood improvements. The subcommittee 1 Eden’s proposal has the option of an alternative design consisting of six stories and 122-137 units.

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also mentioned the need for community engagement for this project, which will be incorporated as a project task item for the selected development team.

California’s Surplus Land Act
California's Surplus Land Act (SLA) applies to government-owned properties like 350 Merrydale and requires cities to identify surplus land and prioritize its use for affordable housing development.

Following specific procedures outlined in the SLA, cities must offer this surplus land to affordable housing developers before considering selling or leasing it for other purposes.

Housing developments may be exempt from certain provisions of California's SLA if they meet specific criteria, such as having at least 25 percent of units designated for lower-income households. This exemption facilitates the development of affordable housing on surplus land without additional procedural requirements. 350 Merrydale represents an opportunity to develop affordable housing on a City property via such an exemption under section 54221(f)(1)(A) of the SLA (Government Code sections 54220-54234). Under Government Code Section 54221(f)(1)(A), surplus land that is transferred pursuant to Government Code Section 37364 for development as affordable housing qualifies as “exempt surplus land.” Government Code Section 37364 authorizes local agencies to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low- or moderate-income if the developer commits to (i) utilize at least 80 percent of the land area of the site for development of housing; (ii) cause not less than 40 percent of the units to be developed to be affordable to households whose incomes are equal to, or less than, 60 percent of the area median income for Marin County, adjusted for family size (AMI); and (iii) cause at least half of the units described in clause (ii) to be affordable to households whose incomes are equal to, or less than, 50 percent of AMI. Prior to approving any final disposition of the property to a developer, the City would need to make findings under the SLA that the property and its anticipated development satisfy the foregoing requirements or that disposition of the property otherwise complies with the SLA.

ANALYSIS:

The 350 Merrydale affordable housing development represents a rare opportunity to advance the City’s housing goals for multiple reasons. First, from a financial perspective, the County has already provided funding to acquire the land, which matters because it reduces the need for additional City funding at 350 Merrydale and because the City currently lacks funding to acquire land. This is partly because the City’s Affordable Housing Trust Fund has received fewer in-lieu fee contributions due to market-rate housing developments that include affordable units on-site to utilize state density bonus law. Second, from a physical perspective, 350 Merrydale is ideal because it is a relatively large, flat parcel of over two acres and close to both a major transit stop and US Highway 101. At the same time, the neighborhood’s connection to the Civic Center SMART station is currently limited because no formal bicycle and pedestrian path connects Merrydale Road to the SMART station. Thus, 350 Merrydale is ripe for development, and developing it also offers an opportunity to improve the surrounding neighborhood. Finally, unlike most other development projects, the City owns the land and can work with an experienced developer and the community to shape this affordable housing development.

Accordingly, staff finds that Eden’s proposal offers the strongest project vision and development team to maximize the opportunity to develop affordable housing at 350 Merrydale, as it would provide the most housing units, parking, and neighborhood improvements in return for investment of local public dollars and staff time. In terms of unit mix and affordability, Eden proposes 50 one-bedroom units, 29 two-bedroom units, and 32 three-bedroom units, with a targeted average AMI of around 49 percent.2

2 For context, in 2026, 49% of AMI for a four-person household in Marin County is $98,392.

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Eden’s proposal would provide much-needed affordable housing, including three-bedroom units for large families, a specific need identified in the City’s 2023-2031 Housing Element.

Additionally, Eden is an experienced affordable housing provider in strong financial standing and has the wherewithal to bring the 350 Merrydale development to fruition. Founded in 1968, Eden has developed or acquired more than 12,600 homes and holds an AA- rating from S&P Global, one of the highest credit ratings attainable for a nonprofit housing provider.

In terms of project design, Eden and architect Van Meter Williams Pollack propose a five-story, 111- unit concept framed around a central courtyard with the option of a six-story, 122-137 unit alternative design. The proposed design features a one-story concrete podium and a top-story setback to reduce building mass along Merrydale Road, with the final approach refined based on community input. With 161 ground-floor parking stalls proposed, Eden offers approximately 1.5 parking stalls per housing unit; this is the highest parking ratio of the top three RFP responses. Because developments with more onsite parking reduce the need for residents to use off-site parking, Eden’s parking proposal reduces the future impact of its development on neighbors. Furthermore, Eden proposes implementing a community engagement plan with FORA Engage to solicit public input on the ultimate project design.

Figure Two: Eden’s Site Design Concept
In addition to developing housing onsite, Eden’s proposal emphasizes creating a direct pedestrian route to the SMART station along Merrydale Road. If the City secures funding and builds this pathway on its own, Eden will modify its proposal to focus on bicycle and pedestrian improvements between 350 Merrydale and North San Pedro Road, ensuring a continuous, safe connection to public transit. This SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
proposed community benefit, along with Eden’s proposal to provide the most housing units and parking, was a major factor in the review panel's decision to score Eden as the top-ranked RFP respondent.

For services, Eden’s proposal offered a menu of services, including employment access, financial literacy, health and wellness, after-school programs, and technology access. Eden proposes pairing its services plan with an operating strategy that supports long-term viability. While the project does not assume any single funding source, Eden will pursue appropriate operating and services resources (e.g., county service contracts, health plan partnerships, philanthropic support, and other eligible sources) to sustain services over time.

Lastly, Eden anticipates completing a project along the following timeline:

Figure Three: Eden’s Proposed Development Timeline
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With regard to the SLA, as Eden proposes all of the units other than the manager’s unit be priced at or below 60 percent of AMI and over 68 percent of the units rented at 50 percent of AMI or less, the project is anticipated to qualify for the SLA exemptions described in the background section of this staff report.

While the overview above outlines the vision from the staff-recommended development team, the final project will require in-depth feasibility analysis, community engagement, and consideration of potential site constraints that will define the proposed project that would return to the City as part of the development entitlement review process. The selection of the development team for this project is a critical initial step in order to meet the project timelines.

COMMUNITY OUTREACH:

Since acquiring 350 Merrydale in November 2025, the City has undertaken a robust community engagement program. This has included a December 2025 community meeting, a January 2026 Town Hall, and a January 26, 2026, neighborhood walkabout, in addition to ongoing email correspondence and direct outreach, meetings, and phone calls with adjacent residents and businesses.

The focus of these meetings has primarily been regarding the temporary interim shelter currently being developed on the site. However, the City held a June 2026 community meeting to provide updates on the interim shelter and gather initial community feedback on the affordable housing project contemplated under the grant agreement with the County of Marin.

Additionally, on August 20, 2026, staff presented a summary of the top three RFP responses to the 350 Merrydale Affordable Housing Project Subcommittee, where members of the public could hear presentations from EAH, Eden, and SAHA. The City has also established a 350 Merrydale Affordable Housing Development webpage (https://www.cityofsanrafael.org/350-merrydale/), where members of the public can access project information and subscribe to an email listserv for updates.

Moving forward, Eden has included further community engagement as a component of its project should they be selected to advance the affordable housing development.

FISCAL IMPACT:

The selection of a development partner for the 350 Merrydale Affordable Housing project has no direct fiscal impact. During the ENA period, the City will incur legal costs and staff time to review and negotiate terms with the affordable housing developer. However, the ENA will have no net fiscal impact on the City during the ENA period, as the ENA will require the developer to be responsible for the City’s costs.

Following the ENA period, the negotiated Disposition and Development Agreement (DDA) will inform both the ultimate project and related financing plan, including the level of financial assistance to be required by the City.

ENVIRONMENTAL REVIEW:

The adoption of this resolution does not constitute a project subject to the California Environmental Quality Act (CEQA). (Public Resources Code Section 21065; CEQA Guideline 15378(b)(5).) Executing the ENA is an administrative activity that will not directly impact the environment because it establishes a process and does not approve any project. Specifically, Section 8.3 of the ENA states that executing the ENA does not commit the City to dispose of the property or approve any project, and that the City will not do so until it completes the environmental review required by CEQA.

OPTIONS:

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

1. Adopt the resolution as presented.

2. Adopt resolution with modifications.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8

3. Take no action.

RECOMMENDED ACTION:

ATTACHMENTS:

1. Resolution

2. Exclusive Negotiating Agreement

3. Correspondence
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE

NEGOTIATING AGREEMENT WITH EDEN HOUSING FOR THE NEGOTIATION OF A

DISPOSITION AND DEVELOPMENT AGREEMENT FOR AFFORDABLE HOUSING AT THE PROPERTY LOCATED AT 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (ASSESSOR’S PARCEL NUMBERS 179-041-27 AND 179-041-28) (PROPERTY) WHEREAS, in November 2025, the City of San Rafael (City) acquired the property at 350 Merrydale Road and 3833 Redwood Highway (Property), which consists of approximately 2.5 acres of land; and
WHEREAS, the purpose of the City’s acquisition was to use the Property as an interim shelter, including a Low Barrier Navigation Center for housing City residents over the next two to three years followed by a permanent affordable housing development; and WHEREAS, the County of Marin (County) funded the Property acquisition in exchange for the City entering into a grant agreement under which the City will entitle an affordable housing project onsite consisting of at least 80 units by June 30, 2028; and WHEREAS, consistent with California Government Code Section 65402(a), before acquiring the property, the City’s Planning Commission adopted a Resolution on November 4, 2025, finding the acquisition conformed with the City’s General Plan; and WHEREAS, on February 19, 2026, the City issued a Request for Proposals (“RFP”) seeking a developer to (i) utilize at least 80 percent of the land area of the site for development of housing; (ii) cause not less than 40 percent of the units to be developed to be affordable to households whose incomes are equal to, or less than, 60 percent of the area median income (AMI) for Marin County, adjusted for family size; and (iii) cause at least half of the units described in clause (ii) to be affordable to households whose incomes are equal to, or less than, 50 percent of AMI; and
WHEREAS, the City distributed the RFP to private developers as well as housing sponsors (as defined in Health and Safety Code Section 50074) that have notified the California Department of Housing and Community Development of their interest in surplus land; and WHEREAS, the City received five responses to the RFP, including one from Eden Housing (Eden); and
WHEREAS, Eden’s proposal outlined their vision for developing the Property; and WHEREAS, Eden’s proposal offers to cover all predevelopment costs, initiate community engagement, provide a range of services to future residents, and meet the City and County’s grant requirements; and
WHEREAS, a panel of City and County staff plus a representative of the San Rafael Chamber of Commerce reviewed the five RFP responses and scored Eden the highest due to the strength of its project vision and development team; and WHEREAS, as compared to the other top two scoring RFP proposals, Eden would provide the most housing units, parking, and neighborhood improvements, plus Eden is an experienced affordable housing provider in strong financial standing; and WHEREAS, staff presented its findings to the 350 Merrydale Affordable Housing Project Subcommittee on August 20, 2026, and staff now recommends Eden to the full City Council as the best affordable housing provider to advance the City’s goals for the development of affordable housing at the property.

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

1. Authorizes the City Manager to enter into an Exclusive Negotiating Agreement (ENA) with Eden in substantially the form attached to the accompanying staff report, subject to minor conforming changes as approved by the City Attorney.

2. Finds that adoption of this resolution and execution of the ENA do not constitute a project subject to the California Environmental Quality Act (CEQA). (Public Resources Code Section 21065; CEQA Guideline 15378(b)(5).) The execution of the ENA is an administrative activity that will not result in any direct impact on the environment because it lays out a process and does not approve any project. Specifically, the adoption of this Resolution and the execution of the ENA do not commit the City to undertake disposition of the Property or approve any project, and the City will not do so until it undertakes the environmental review required by CEQA.

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 5th day of October 2026, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________________
Lindsay Lara, City Clerk
1 EXCLUSIVE NEGOTIATING AGREEMENT
This Exclusive Negotiating Agreement (“Agreement”) dated for reference purposes as of ___________ 2026 (“Effective Date”), is entered into by and between the City of San Rafael, a municipal corporation (“City”), and Eden Housing, a California nonprofit public benefit corporation (“Developer”). City and Developer are sometimes referred to individually herein as a “Party”, and collectively as the “Parties”.

R E C I T A L S:

A. City owns that certain real property commonly referred to as 350 Merrydale Road and 3833 Redwood Highway and designated as Assessor Parcel Numbers 179-041-27 and 179- 041-28 (“Property”) as depicted on the “Site Map” attached hereto as Exhibit A. The Property is a vacant property consisting of three structures last utilized as an adult school.

B. On November 24, 2025, the County of Marin (“County”) and the City entered into a Regulatory Agreement and Declaration of Restrictive Covenants, recorded as Document No. 2025-0030685 in the Marin County Recorder’s Office (“Regulatory Agreement”), in which the County restricts use of the Property for a Project that shall be rented to and occupied by households whose incomes do not exceed 80 percent of the area median income indefinitely.

C. On February 19, 2026, the City issued a Request for Proposals (“RFP”) seeking a developer to develop an affordable housing project on at least eighty percent (80%) of the Property. The RFP was distributed to private developers as well as housing sponsors (as defined in Health and Safety Code Section 50074) that have notified the California Department of Housing and Community Development of their interest in surplus land.

D. City received five (5) proposals, including Developer’s which contemplates development of the Property as affordable housing consistent with Government Code Section 37364, in which at least 80 percent of the Property will be developed for housing, consisting entirely of affordable housing units, half of which will be affordable to households with incomes that do not exceed 60% of the area median income (“AMI”) and half of which will be available to persons experiencing homelessness or to very low income households, which are defined as households with incomes less than 50% of AMI and consistent with the Regulatory Agreement (the “Project”).

E. On _____________, 2026, the City Council of City by Resolution No. ____, selected Developer as City’s preferred developer and directed the City Manager to enter into an exclusive negotiating agreement with Developer.

F. City and Developer now desire to enter into this Agreement setting forth the terms under which City and Developer will diligently and in good faith endeavor to accomplish the following: (1) during a Preliminary Stage (defined below) of negotiations, for Developer to (i) conduct certain due diligence and site planning work, including environmental investigations, to determine whether the proposed Project is feasible from a financial, design and operational perspective, and (ii) attempt to agree upon a Term Sheet with City setting forth the key terms of a Disposition and Development Agreement (“DDA”) (defined below) with respect to the Property 2 and proposed Project; and (2) if, and only if, the Parties memorialize their successful completion of the Preliminary Stage of the negotiations via a Preliminary Stage Feasibility Confirmation, the Parties will proceed to a DDA Stage of negotiations during which the Parties would negotiate and draft a comprehensive DDA setting forth the terms under which City would transfer the Property to Developer and Developer would develop the proposed Project on the Property and Developer and its successors and assigns, at its and their expense, would agree to operate the Project and rent the residential units therein to income eligible households at affordable rents in accordance with terms to be set forth in the DDA and a recorded affordable housing covenant.

A G R E E M E N T
City and Developer agree as follows:

1. NEGOTIATION PERIOD.

1.1 Good Faith Negotiations. City and Developer, acknowledging that time is of the essence, agree for the Negotiation Period set forth in Section 1.2 below, to negotiate diligently and in good faith and endeavor to perform the tasks and due diligence necessary for successful completion of the Preliminary Stage, and if the Preliminary Stage conditions are satisfied, for the Parties to endeavor to complete the DDA Stage tasks which, if successfully concluded, would culminate in presentation of a comprehensive DDA, first to the Planning Commission for its consideration, and then to the City Council for its consideration and potential approval. City agrees, for the Negotiation Period, not to negotiate with, solicit offers or proposals regarding, or respond to inquiries from (other than to notify the inquiring party, person or entity that City is subject to an agreement to negotiate exclusively), any other person or entity regarding the conveyance of the Property and/or the development of the Property or any portion thereof. A DDA resulting from the negotiations hereunder shall become effective only if and after such ordinance approving the DDA becomes effective. If a DDA is executed by City and Developer, the DDA shall thereafter govern the rights and obligations of the Parties.

1.2 Negotiation Period Stages and Duration.
a. The negotiations shall be conducted in two stages, the combined duration of which shall not exceed twelve (12) months, plus extensions, if any, as provided in subsection (b) below (“Negotiation Period”). The “Preliminary Stage” of the Negotiation Period shall commence on the Effective Date and expire six (6) months thereafter, subject to potential extension as provided in subsection (b) below, or on the date the Parties execute a Preliminary Stage Feasibility Confirmation (defined below), whichever is earlier. During the Preliminary Stage, the Parties shall work together in good faith to (i) enable Developer, at its expense, to assess whether the proposed Project is feasible from a technical, financial, and operational perspective, and develop a preliminary site plan for the Project; and (ii) negotiate a proposed DDA Term Sheet (defined below). If, on or before expiration of the Preliminary Stage, either Party determines in its sole and absolute discretion that the proposed Project is impractical or infeasible or otherwise does not meet its needs and objectives, or if either Party determines that the key terms of a DDA Term Sheet as proposed by the other Party are unacceptable to such Party, then the Party making such determination may terminate this Agreement by written notice to the other Party. If, however, on or before expiration of the Preliminary Stage each Party 3 determines in its sole and absolute discretion that the proposed Project appears to be feasible and is likely to meet such Party’s needs and objectives and that the DDA Term Sheet is acceptable to such Party, then the Parties shall memorialize the achievement of such milestones in writing (“Preliminary Stage Feasibility Confirmation”) and, in such event, the Parties shall proceed to the DDA Stage (defined below) of the Negotiation Period. If the Parties have not executed a Preliminary Stage Feasibility Confirmation by the expiration of the Preliminary Stage (as it may be extended as provided for in subsection (b) below), then this Agreement shall terminate, and neither Party shall have any further rights or obligations under this Agreement, except for those obligations which by their terms survive expiration or termination hereof. The “DDA Stage” of the Negotiation Period shall commence, if at all, on the effective date of the Preliminary Stage Feasibility Confirmation and expire six (6) months thereafter, subject to potential extension as provided in subsection (b) below. During the DDA Stage, the Parties will endeavor to negotiate and draft a comprehensive DDA, including an Affordable Housing Covenant, and undertake the other DDA Stage tasks described in the Schedule of Performance attached hereto as Exhibit B. b. Extensions. The Preliminary Stage and/or DDA Stage of the Negotiation Period may each be extended from time to time if the City Manager determines in his or her sole discretion that the Parties have made substantial progress toward meeting the performance milestones identified in this Agreement and in the Schedule of Performance to merit such extension. However, the cumulative total of all such extensions granted by the City Manager shall not exceed one hundred and twenty (120) days.

2. Negotiation Period Tasks and Milestones

2.1 Preliminary Stage Tasks. During the Preliminary Stage of the Negotiation Period, Developer and City will undertake the tasks set forth in the Schedule of Performance attached hereto as Exhibit B, including endeavoring to negotiate and draft a mutually acceptable term sheet (“Term Sheet”) setting forth the key terms for inclusion in the proposed DDA. The Term Sheet will address, among other things, the following:
a. Transfer value of the Property and the existing improvements thereon based on an appraisal methodology agreeable to the Parties; b. Transfer method (e.g., ground lease or fee transfer); c. Details of the proposed Project land use and operational characteristics, generally consisting of affordable housing units, which may potentially include permanent supportive housing for persons experiencing homelessness; d. Details of the proposed Project structures, in plan and elevation, along with conceptual renderings;
e. Agreed-upon timelines for entitlements and documentation necessary for commencement of construction;
f. Conditions precedent for close of escrow, including identification of all land use approvals, building permits, and construction contracts with a general contractor that Developer will have to obtain;
4 g. Financing details, including any debt and equity financing that Developer may have to obtain, and appropriate evidence of debt and equity commitments that Developer will need to provide to City’s financial consultant prior to City’s consideration of a DDA for approval and prior to closing;
h. City remedies, including reverter rights, if Developer fails to timely commence or complete construction of the proposed Project by specified dates; i. The terms of the affordable housing covenant to be recorded against the Property, including the City’s remedies if Developer or its successors or assigns fails to continuously operate and maintain the Project as affordable rental housing following initial construction thereof;
j. Outline of the City entitlement process to be administered and processed separately from the DDA, the costs of which will be borne exclusively by Developer; k. Developer’s review of a title report for the Property, to be obtained by Developer from a mutually agreeable title company, and resolution of any title objections; and l. Developer’s due diligence investigations of the Property.

2.2 DDA Stage. If the Parties proceed to the DDA Stage of the Negotiation Period, then City and Developer, in addition to undertaking the other DDA Stage tasks as set forth in the Schedule of Performance, will endeavor to negotiate and draft a mutually acceptable DDA, including ancillary agreements, to be considered for approval by the City Council prior to expiration of the Negotiation Period.

3. Costs Associated With the Negotiation Period Tasks.

3.1 Developer shall be solely responsible for the costs associated with preparing site plans, drawings, plans, or other graphic materials; conducting project financial feasibility analysis; obtaining a title report; undertaking physical and environmental investigations of the Property and improvements thereon, including an updated Phase 1 report (and, if recommended by the Phase 1, a Phase 2 report or other subsurface soil and/or ground water investigations); any CEQA analysis required for the proposed Project; the City’s costs associated with the City’s activities in fulfilling its obligations under this Agreement and preparing and implementing a DDA, which includes, but is not limited to city staff time at the fully burdened hourly rates, consultant and legal fees incurred by the City, and any and all land use entitlement and permitting costs.

3.2 Within seven (7) days of execution of this Agreement, Developer shall deposit $50,000 with the City to be held in a City-managed account to cover the costs set forth in Section 3.1 that the City may incur. If the unexpended balance of the deposit falls below $10,000, the City shall notify the Developer in writing and Developer shall deposit additional funds within ten (10) business days. The City shall maintain detailed records of charges against the deposit and provide Developer with a final accounting upon conclusion of DDA’s negotiations, in conjunction with a request for a replenishment, or 5 termination of this Agreement. Any unused balance will be refunded to the Applicant without interest.

4. Right of Entry and City Materials.

4.1 Right of Entry. City shall provide Developer reasonable access to all portions of the Property and improvements thereon for the purpose of obtaining data and making surveys and tests necessary to evaluate the development potential of the Property and otherwise to conduct the land use due diligence relating to the Project as contemplated hereunder, including, without limitation, the right to make borings to investigate the soils and environmental condition of the Property with the City’s prior approval and in exchange for appropriate Developer obligations to indemnify City and add City as an additional insured on Developer’s or Developer’s consultants' insurance policies. Said right of access, and the associated insurance and indemnity requirements for invasive testing, shall be memorialized via an access agreement in a form approved by the City Attorney.

4.2 City Materials. City will provide Developer the Phase 1 Environmental Site Assessment prepared by Amicus-Strategic Environmental Consulting on October 9, 2025, and a title report for the Property and any other engineering, environmental reports and related data that Developer requests and that are in City’s possession, custody or control (collectively, “City Materials”). Any City Materials provided to Developer will be furnished without warranty of any kind and on the express condition that Developer will make its own independent verification of the accuracy, reliability, and completeness of such information as Developer deems appropriate, and that Developer will not rely on the City Materials.

5. DEVELOPER INVESTIGATIONS AND STUDIES. At no cost to City, Developer shall make available to City any written documents prepared in connection with Developer’s investigation, testing, or studies of the Property, including (i) all environmental reports, appraisals, geotechnical reports, surveys, marketing reports, lot studies and improvement plans; (ii) design concepts and draft land use and infrastructure plans and any other permits and approvals for any other land use entitlements; and (iii) any other relevant information or documentation relative to entitlement, approval or development of the Project (“Third Party Materials”) by Developer or by any engineer, appraiser, or any other consultant retained by Developer or any of the Developer Parties as defined below (each, a “Consultant”). Once delivered to City, the Third Party Materials shall become the property of the City. At no cost to City, every report prepared by any Consultant performing an investigation or study of the Property shall name the City as an “intended user” or state that it was prepared for the City’s use.

Developer shall further include contractual language in all contracts with the Consultants producing such Third Party Materials by which those Consultants consent to future use of such Third Party Materials by City and its designees without payment by City or its designees. The provisions of this Section 5 shall survive the expiration or termination of this Agreement and shall apply whether or not the Parties proceed to the DDA Stage or enter into a DDA.

6. ADDITIONAL DEVELOPER RESPONSIBILITIES
6 6.1 Full Disclosure. Developer shall provide to City (a) the names of its principals, officers and/or those with managerial authority, joint venturers, negotiators, development managers, consultants and directly-involved managerial employees (collectively, “Developer Parties”); and (b) all other material information concerning Developer reasonably requested by City. Any material change in the identity of the Developer Parties shall be subject to the approval of City, which shall not be unreasonably withheld.

6.2 Project Cost and Revenue Documentation. Upon request by City, Developer shall provide City or its designees with development and operating assumptions related to Project costs and revenues by category, including detailed information regarding extraordinary Project costs of individual Project components and full disclosure regarding the potential methods of financing to be used in the acquisition of the Property and development of the proposed Project. Developer acknowledges that detailed information regarding such development and operating assumptions will be necessary in order for City and its financial consultants to evaluate the financial terms of the proposed DDA.

6.3 Progress Reports. Developer shall keep City advised as to the status of all work to be undertaken by or on behalf of Developer as described in the Schedule of Performance. Within ten (10) days following City’s request, which may be made from time to time during the Negotiation Period, Developer shall submit to City a written progress report advising City on the status of all work being undertaken by or on behalf of Developer.

7. CITY’S RESPONSIBILITIES

7.1 City Assistance and Cooperation. City shall cooperate with Developer by providing full disclosure regarding City’s current actual knowledge of the existing condition of the Property or the improvements thereon. City shall share the City Materials with Developer.

8. GENERAL PROVISIONS

8.1 No Brokerage Fees. City shall not be liable for any real estate commission or brokerage fees which may arise from the proposed transfer of the Property or any portion thereof or interest therein. Developer represents and warrants to City that it has not engaged any broker, agent or finder in connection with the acquisition or development of the Property.

Developer further agrees to indemnify, defend and hold City harmless from any claim by any other broker, agent or finder retained by, or alleged to have been retained by, Developer.

Developer’s indemnity obligations under this Section 8.1 shall survive expiration or termination of this Agreement.

8.2 Notices. Any approval, disapproval, demand or other notice which either Party may desire to give to the other Party under this Agreement must be in writing and may be given by any commercially acceptable means, including personal delivery, or overnight courier, to the Party to whom the notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by notice.

To City: City of San Rafael
1400 Fifth Avenue, Room 203
7 San Rafael, CA 94901
Attention: Paul Navazio, City Manager
With copies to: City of San Rafael
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
Attention: Robert Epstein, City Attorney
To Developer: _________________________
_________________________
_________________________
_________________________
With a copy to: _________________________
_________________________
_________________________
_________________________
Any notice shall be deemed received on the date of delivery if delivered by personal service, three (3) business days after mailing if sent by first-class mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via overnight courier.

8.3 Limitations of this Agreement. By its execution of this Agreement, City is not committing itself to or agreeing to undertake: (i) disposition of the Property to Developer; or (ii) any other acts or activities requiring the subsequent independent exercise of discretion by City or any agency or department thereof, including but not limited to approval of the proposed Project or any project. This Agreement does not constitute a disposition of property by City.

Execution of this Agreement by City is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by City as to any DDA, including affordable housing covenant, and all proceedings and decisions in connection therewith. In addition, nothing in this Agreement shall be construed to limit the application of the California Environmental Quality Act (CEQA) to any DDA or the proposed Project or control the actions of City in meeting its CEQA obligations. In fulfilling its obligations under CEQA, City shall act independently, reserving full and complete discretion with respect to any such CEQA approvals without reference to this Agreement. City shall not be liable, in any respect, to Developer for its action or inaction in fulfilling its CEQA obligations.

City will not consider the approval of any DDA or the proposed Project, unless and until it has fully reviewed and considered the environmental impacts in accordance with CEQA. City is not, and shall not be considered to be, obligated by this Agreement, or otherwise, to approve the proposed Project or any DDA, or any changes to the foregoing, or any other agreement. After 8 CEQA review, City is not obligated, by this Agreement or otherwise, to adopt findings of overriding considerations for approval of or to take any other action in support of the proposed Project or any DDA or any changes to the foregoing, nor is City precluded from rejecting the DDA and/or proposed Project or from imposing mitigation measures as a condition of approval, which measures mitigate or avoid direct or indirect environmental effects of the proposed Project. If City rejects the DDA or proposed Project, this Agreement shall automatically terminate and, except for those obligations which by their terms survive termination hereof, neither Party shall have any further rights or obligations hereunder.

8.4 Integration. This Agreement contains the entire understanding between the Parties relating to the matters set forth herein. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.

8.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party.

8.6 Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

8.7 No Assignment. The qualifications and identity of Developer are of particular concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Developer. Accordingly, except as otherwise expressly provided below, Developer may not transfer or assign any or all of its rights or obligations under this Agreement except with the prior written consent of the City, which consent shall be granted or withheld in the City's sole absolute discretion, and any such attempted transfer or assignment without the prior written consent of the City shall be void.

8.8 Successors and Assigns. Subject to the limitations on assignment set forth in Section 8.7 above, this Agreement shall be binding upon, and inure to the benefit of, the Parties, their heirs, executors, personal representatives, nominees, successors and assigns.

8.9 Indemnity. Developer shall indemnify, defend (with counsel reasonably acceptable to City), protect and hold harmless the City, and its officers, employees, elected officials, agents and representatives from, any and all third-party claims, demands, damages, defense costs or liability of any kind or nature arising directly or indirectly from the implementation of this Agreement, including any Property investigation and/or acquisition activities under Section 4 above, including damages to property or injuries to persons, accidental death, and reasonable attorneys’ fees and costs, whether such activities or performance thereof be by Developer or its employees, agents, contractors or subcontractors and whether such damage shall accrue or be discovered before or after expiration or termination of this Agreement.

Developer’s indemnity obligations under this Section 8.9 shall not extend to claims, demands, 9 damages, defense costs or liability for property damage, bodily injury or death, to the extent (i) occasioned by the sole negligence or willful misconduct of City or its officers, employees, elected officials, agents or representatives; or (ii) related to the discovery or disturbance by Developer or its contractors, subcontractors or agents during due diligence of any pre-existing hazardous materials or hazardous substances on the Property. Developer’s obligations under this Section 8.9 shall survive the expiration or other termination of this Agreement.

8.10 Confidentiality. Any information provided by Developer to City, including financial statements, pro formas and other financial projections (whether in written, graphic, electronic or any other form), that is clearly marked as “CONFIDENTIAL / PROPRIETARY INFORMATION” (“Confidential Information”) shall be subject to the provisions of this Section 8.10. Subject to the terms of this Section, City shall use good faith diligent efforts to prevent disclosure of the Confidential Information to any third parties, except as may be required by the California Public Records Act (Government Code Section 7920.000 et seq.) or other applicable local, state or federal law (collectively, “Public Disclosure Laws”). Notwithstanding the preceding sentence, City may disclose Confidential Information to its officials, employees, agents, attorneys and advisors, but only to the extent necessary to carry out the purpose for which the Confidential Information was disclosed.

Developer acknowledges that City has not made any representations or warranties that any Confidential Information received from Developer will be exempt from disclosure under any Public Disclosure Laws. In the event the City’s legal counsel determines that the release of the Confidential Information is required by Public Disclosure Laws, or order of a court of competent jurisdiction, City shall notify Developer of City’s intention to release the Confidential Information. If, after consultation with the City Attorney, the City Clerk, in his or her discretion, determines that only a portion of the requested Confidential Information is exempt from disclosure under the Public Disclosure Laws, City may redact, delete, or otherwise segregate the Confidential Information that will not be released from the non-exempt portion to be released.

Developer further acknowledges that in connection with City Council’s consideration of any DDA as contemplated by this Agreement, City will need to present a summary of Developer’s financial projections, including anticipated costs of development, anticipated project revenues, and returns on cost and investment.

If any litigation is filed seeking to make public any Confidential Information, City and Developer shall cooperate in defending the litigation, and consistent with Section 8.9 of this Agreement, Developer shall pay City’s reasonable out-of-pocket costs of defending such litigation and shall indemnify City against all costs and attorneys’ fees awarded to the plaintiff in any such litigation. Alternatively, Developer may elect to disclose the Confidential Information rather than defend the litigation. Developer’s obligations under this Section 8.10 shall survive the expiration or termination of this Agreement.

The restrictions set forth herein shall not apply to Confidential Information to the extent such Confidential Information: (a) is now, or hereafter becomes, through no act or failure to act on the part of City or its representatives, generally known or available; (b) is known by the City at the time of receiving such information as evidenced by City’s public records; (c) is hereafter furnished to City by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by City without any breach of this Agreement and without any use of 10 or access to Developer’s Confidential Information as evidenced by City’s records; (e) is not clearly marked “CONFIDENTIAL/PROPRIETARY INFORMATION” as provided above (except where Developer notifies City in writing, prior to any disclosure of the Confidential Information, that omission of the “CONFIDENTIAL/PROPRIETARY INFORMATION” mark was inadvertent), or (f) is the subject of a written permission to disclose provided by Developer to City.

8.11 Waiver of Lis Pendens. It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Property with respect to this Agreement or any dispute or act arising from it. The provisions of this Section shall survive the expiration or other termination of this Agreement.

8.12 Counterparts. This Agreement may be executed by electronic signature and signed in multiple counterparts which, when signed by both parties, shall constitute a binding agreement.

8.13 Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both Parties. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.

8.14 Authority. Developer and each person executing this Agreement on behalf of Developer does hereby covenant and warrant that (a) Developer is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (b) Developer has and is duly qualified to do business in California, (c) Developer has full corporate, partnership, trust, association or other power and authority to enter into this Agreement and to perform all of Developer’s obligations hereunder, and (d) each person (and all of the persons if more than one signs) signing this Agreement on behalf of Developer is duly and validly authorized to do so. City and each person executing this Agreement on behalf of City does hereby covenant and warrant that (i) City is a municipal corporation duly established and validly existing under the laws of the State of California, (ii) City has full power and authority to enter into this Agreement and to perform all of City’s obligations hereunder, and (iii) each person (and all of the persons if more than one signs) signing this Agreement on behalf of City is duly and validly authorized to do so.

8.15 Limitation of Remedies. In the event of an uncured default by either Party under this Agreement, the non-defaulting Party’s exclusive remedy is to terminate this Agreement. In no event shall either Party have the right, and each Party expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) in the event of a default by the other Party under this Agreement.

8.16 Governing Law. This Agreement, and the interpretation and enforcement thereof, shall be governed by the laws of the State of California without regard to conflicts of law principles.
11 [Signature Page Follows]
12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set opposite their signatures. The effective date of this Agreement shall be the date this Agreement is signed by the City.

CITY:

DATED: __________________, 2026
CITY OF SAN RAFAEL, a California
municipal corporation
By:

Paul Navazio, City Manager
ATTEST:

Lindsay Lara, City Clerk
APPROVED AS TO FORM:

By:

Andrea Visveshwara, Chief
Assistant City Attorney
DEVELOPER:

DATED: __________________, 2026
EDEN HOUSING, a California nonprofit
public benefit corporation
By:

Name:

Title:
1 EXHIBIT A

SITE MAP
350 Merrydale is outlined in red.
1 EXHIBIT B

SCHEDULE OF PERFORMANCE
Preliminary Stage
(6 months)

1. Within 30 days of
the Effective Date
Developer obtains a title report and retains a consultant qualified to perform a Phase I Assessment and (if necessary) a Phase II Assessment of the Property.

2. Promptly
following the
Effective Date
Developer and City commence negotiation and drafting of Term Sheet.

3. Within 120 days
after the Effective
Date
Developer’s Consultants shall submit to City a Project description and planning/zoning analysis so that City may determine whether any CEQA exemption may apply to the proposed Project or, if applicable, undertake an Initial Study pursuant to CEQA to determine whether any CEQA documentation is needed for
consideration of approval of the Project.

4. Prior to expiration
of Preliminary
Stage
Developer and City reach agreement on principal business terms of a proposed DDA as evidenced by a non-binding Term Sheet.

5. Prior to expiration
of Preliminary
Stage
Developer and City memorialize successful completion of all Preliminary Stage tasks by executing a Preliminary Stage Feasibility Confirmation or Agreement terminates as provided in Section 1.2.

DDA Stage*
(6 months)
*DDA Stage applicable only if Developer and City have memorialized successful completion of all Preliminary Stage tasks.

6. Within 30 days
following
commencement
of the DDA stage
Developer shall submit a financing plan, which shall include:
a) Development cost estimate and an updated operating budget b) Proposed resident income mix, including the location and type of permanent supportive housing for persons experiencing homelessness and any facilities associated therewith
c) Sources and uses
d) Application requirements and target dates
e) Site access or control documents required
f) Federal, state and local subsidies or funding
2 7. Within 30 days
following
commencement
of the DDA stage
Developer shall submit a proposed Project schedule, including deadlines for
a) Project approvals & entitlements
b) Proposed project funding
c) Building permitting
d) Construction
e) Occupancy

8. Within 30 days
following
commencement
of the DDA stage
City shall commission an appraisal of the Property based on mutually acceptable appraisal valuation instructions, with the costs of such appraisal paid by the City.

9. Prior to expiration
of DDA Stage
and, in any event,
prior to City
Council’s
consideration of a
DDA
Developer and City negotiate and draft a proposed DDA.

From: Ms Angela Gott
Sent: Thursday, October 1, 2026 12:20 PM
To: Distrib- City Clerk <[email protected]> Subject: This is my own personal letter of support Public Comment: Support for 350 Merrydale Rd project
October 1, 2026
This is my own personal email in support of 350 Merrydale Road. I am an extremely low income senior who worked 53 years, waited to age 70 to finally take my SSA benefit and based on what little I get I would be homeless in old age but for getting into 30% subsidized housing in 2017 MHA in 2017 at age

66. I know I am extremely fortunate. I never married, no kids, no support system, no CA relatives, and totally on my own so moving into 30% subsidized housing was a game changer for me. I would hope that this housing at 350 Merrydale would go to women age 60+ who fell into homelessness through no fault of their own when a relative or friend died, a person they were sharing rent with died leaving them no way to continue to pay their rent and other bills. Older women have been in and out of the workforce, last hired, first fired, always underpaid and so they can't earn enough and their SSA benefit is too low to cover their cost of living needs. So I hope this housing houses seniors especially senior women. Thank you.

Angela Gott
Mill Valley CA 94941
Kruger Pines senior/ disabled MHA Housing in Strawberry, CA Dear San Rafael City Councilmembers, I’m writing to express my support for the 350 Merrydale Road housing project. This project offers an important twophase approach: providing 65 interim shelter units for people experiencing homelessness in San Rafael, followed by the development of at least 80 units of permanent deed-restricted affordable housing. I support this project because: - It provides an immediate response to homelessness while creating long-term affordable housing. -The site is less than a half-mile from the SMART Marin Civic Center Station and is served by Marin Transit, providing residents access to jobs, services, and other communities. -It is close to county offices, healthcare, social services, and nonprofits that can support residents. -It puts a vacant, underutilized property to productive use and leverages existing infrastructure rather than expanding development into new areas. I encourage you to support the 350 Merrydale Road project and help move this important housing solution forward. I support either finalist for development. Thank you for your consideration. Best, [Name] [City/Neighborhood, if desired] From: Jennifer Levine
Sent: Thursday, October 1, 2026 12:16 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for 350 Merrydale Rd project Dear San Rafael City Councilmembers,
I’m writing to express my support for the 350 Merrydale Road housing project.

I support this project because:
- It provides an immediate response to homelessness while creating long-term affordable housing.
-The site is less than a half-mile from the SMART Marin Civic Center Station and is served by Marin Transit, providing residents access to jobs, services, and other communities. -It is close to county offices, healthcare, social services, and nonprofits that can support residents.
-It puts a vacant, underutilized property to productive use and leverages existing infrastructure rather than expanding development into new areas.

I encourage you to support the 350 Merrydale Road project and help move this important housing solution forward. I support either finalist for development.

Thank you for your consideration.

Best,
Jen Levine
From: J Sever
Sent: Thursday, October 1, 2026 12:55 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for 350 Merrydale Rd project Dear San Rafael City Councilmembers,
I’m writing to express my support for the 350 Merrydale Road housing project. I grew up in Marin and it is so daunting to see our ever diminishing affordable housing here. I’m looking forward to the longer term affordable housing here. Thank you.

This project offers an important two-phase approach: providing 65 interim shelter units for people experiencing homelessness in San Rafael, followed by the development of at least 80 units of permanent deed-restricted affordable housing. I support this project because: - It provides an immediate response to homelessness while creating long-term affordable housing. -The site is less than a half-mile from the SMART Marin Civic Center Station and is served by Marin Transit, providing residents access to jobs, services, and other communities. -It is close to county offices, healthcare, social services, and nonprofits that can support residents. -It puts a vacant, underutilized property to productive use and leverages existing infrastructure rather than expanding development into new areas. I encourage you to support the 350 Merrydale Road project and help move this important housing solution forward.

I support either finalist for development. Thank you for your consideration.

Best,
Jean Severinghaus
Unincorporated Marin County
From: Ty Mckenzie
Sent: Thursday, October 1, 2026 1:22 PM
To: Distrib- City Clerk <[email protected]> Subject: Public Comment: Support for 350 Merrydale Rd project Dear San Rafael City Council Members,
I’m writing to express my support for the 350 Merrydale Road housing project.

As a 61 yr old homeless disabled woman in Marin, I have had Marin Housing shrug their shoulders when I asked what am I supposed to do when I don't make enough money on disability to rent anywhere. My situation is extremely difficult with zero long term solutions.

I encourage you to support the 350 Merrydale Road project and help move this important housing solution forward. I support either finalist for development.

Thank you for your consideration.

Best,
Ty Mckenzie
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 3.c
Meeting Date: October 5, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office & Fire
Prepared by: Kate Hagemann, Climate
Adaptation and Resilience Planner
Quinn Gardner, Deputy Director of Emergency
Management
Angela Robinson Piñon, Assistant City Manager
City Manager Approval: ______________
TOPIC: FLOODING RISKS, PREPARING FOR EL NIÑO, AND EMERGENCY DECLARATION SUBJECT: PRESENTATION ON FLOOD RISK, PREPAREDNESS, AND SEA LEVEL RISE;

RESOLUTION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY IN THE CITY OF SAN RAFAEL DUE TO THE PROJECTED IMPACTS FROM EL NIÑO DURING WINTER 2026-2027 AND AUTHORIZING NECESSARY ACTIONS TO PREPARE FOR

AND RESPOND TO THE EMERGENCY, AND AUTHORIZING A SUPPLEMENTAL FY 2026-27 BUDGET APPROPRIATION OF $500,000 FROM THE GENERAL FUND

EMERGENCY RESERVE FOR STORM PREPARATION AND RESPONSE
RECOMMENDATION:

Staff recommends that the City Council:

1. Receive a presentation regarding existing flood risks and sea level rise in San Rafael and the City’s preparations for the approaching 2026–2027 El Niño winter season;

2. Adopt a resolution proclaiming the existence of a local emergency in the City of San Rafael due to the threatened conditions associated with the developing 2026–2027 El Niño event and authorizing necessary actions to prepare for and respond to severe winter weather; and

3. Authorize a supplemental fiscal year (FY) 2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve for necessary storm preparation and response activities.

EXECUTIVE SUMMARY:

California is preparing for a strong El Niño during the 2026–2027 winter season, which could bring significant rainfall, flooding, high winds, and other storm-related impacts. In response to the Governor’s September 21, 2026, State of Emergency proclamation, City staff is taking proactive steps to prepare for potential impacts in San Rafael, including flooding in low-lying areas. Staff recommends that the City Council proclaim a local emergency to facilitate timely preparation and response and authorize $500,000 from the General Fund Emergency Reserve for necessary storm-related equipment, supplies, services, and other preparedness and response activities.

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

Sea Level Rise and Flooding Risks
A large portion of San Rafael is at risk of flooding in any given year because much of the land has gradually subsided (or settled) and is now below the level of the Bay or just slightly above. Much of the shoreline around this subsided, bowl-shaped area is privately owned and lacks cohesive, professionally designed flood defense infrastructure. If the tide is high, rain is heavy, and/or infrastructure is compromised, then some level of flooding can be expected.

Although such a storm is rare, the Federal Emergency Management Agency (FEMA) has mapped areas vulnerable to flooding in a severe (1% chance) storm. This area encompasses much of San Rafael’s business centers, transportation assets, and neighborhoods. This area is very densely populated and, according to FEMA’s National Risk Index, southeast San Rafael (Census Tract 06041112202) is more at risk of flooding than 99.98% of other census tracts in the country.1

Over the past several years, multiple studies have identified the risks from flooding and subsidence. The City has led many studies and formally collaborated with partners to understand how to respond. More information about these projects can be found on the adaptation web page. Over the last several years, the City has hosted more than 100 community engagements that surfaced several community priorities, which it presented to the City Council on March 3, 2025. Community members’ short-term priorities included: emergency preparedness, building and rebuilding more safely, environmental justice, and protecting existing residents and businesses. Several of these were woven into the City Council’s ThreeYear Strategic Plan.

Another component of the project was a technical feasibility study of the options to reduce flooding risks.

The consultant team evaluated potential responses against nine criteria, including how well they would reduce flooding, costs, housing implications, and many other factors. Their final presentation can be viewed here in English and here in Spanish. A high-level summary of the feasibility of different options was presented to the City Council on June 1, 2026.

El Niño Events
Historically, El Niño events have significantly altered California weather; they deepen and shift the Pacific jet stream southward, increasing the likelihood of intense atmospheric rivers, high precipitation, elevated flood risk, and elevated landslide potential. With anticipated very strong El Niño conditions, flooding risk is higher this year.

The National Oceanic and Atmospheric Administration’s National Weather Service Climate Prediction Center, in its September 10, 2026, diagnostic report, found that the El Niño event is strengthening, with a greater than 90 percent chance of a very strong event during Northern Hemisphere fall and winter of 2026–2027. In addition, the Climate Prediction Center projected a 75 percent chance that the event will reach historic strength during the October through December 2026 season, defined as a three-month Relative Oceanic Niño Index, and exceeding the strength of all prior El Niño events in the historical record beginning in 1950. This reflects an increase from the 69 percent probability in the Climate Prediction Center’s August 13, 2026, diagnostic report, which is the figure cited in the Governor’s proclamation (Attachment 2).
1 FEMA Resilience Analysis and Planning Tool, National Risk Index. Accessed 5/11/2026. Available at:
https://experience.arcgis.com/experience/0a317e8998534c30a9b2d3861c814d42/page/RAPT2025#data_s=id%3AdataSource_16-19b281a0327-layer-140%3A8134 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
During last winter’s high tides, temporary tidal flooding occurred as water levels in the bay rose and saltwater flowed over private yards, under buildings, and into the streets. El Niño is currently causing a small temporary increase in water levels. High tides are again expected this winter around Thanksgiving, Christmas, and mid-January. It is possible that flooding could be more severe than what has been observed in previous years. When heavy rain coincides with high tides, there is an increased risk of flooding.

The risk associated with the upcoming winter is not limited to flooding. Severe storms may also result in downed trees, landslides, debris flows, road closures, power outages, damaged public facilities and infrastructure, and other conditions requiring an emergency response.

Governor’s State of Emergency Declaration for El Niño
On September 21, 2026, Governor Gavin Newsom proclaimed a statewide State of Emergency (Attachment 2) due to the developing El Niño event. The Governor’s proclamation cites forecasts from the National Oceanic and Atmospheric Administration’s National Weather Service Climate Prediction Center indicating a greater than 90 percent chance of a very strong El Niño during fall and winter 2026– 2027 and the potential for the event to reach historic strength.

The Governor’s proclamation recognizes the potential for severe storms, flooding, coastal flooding, erosion, mud and debris flows, landslides, high winds, power outages, road closures, and damage to public and private infrastructure. The proclamation further notes that elevated coastal water levels, when combined with high tides, large waves, and coastal storms, can increase the risk of coastal flooding and transportation and infrastructure impacts.

The State’s emergency declaration is intended to facilitate early preparation rather than waiting until significant storms occur. Among other actions, the proclamation directs state agencies to coordinate with local governments, pre-position personnel and flood-fighting resources, expedite certain permitting and technical assistance, and prepare equipment and supplies such as sandbags, plastic sheeting, rock materials, pumps, traffic-control devices, and emergency communications equipment.

ANALYSIS:

Informational Presentation Overview
This informational presentation will review flood risks, emergency preparedness work for this wet season, and a progress update on sea level rise work. Emergency preparedness has been and remains a high priority for the City, and staff will share updates on recent progress. Additionally, staff will present potential next steps on sea level rise adaptation work, including plans to participate in a Countywide Regional Shoreline Adaptation Plan.

City Preparations for El Niño and Potential Flooding
The City has already initiated preparedness activities for the 2026–2027 winter season, including enhanced interdepartmental coordination, weather monitoring, emergency communications planning, and coordination with local partners. Continued preparation will strengthen the City's ability to protect life and property, maintain essential services, mitigate storm-related impacts, and respond quickly to changing conditions. The City’s approach emphasizes actions that can be taken before storms arrive to reduce risks, improve response capacity, and protect residents, businesses, public infrastructure, and essential City services. Examples of preparations underway or planned include, but are not limited to:
• Inspecting and clearing storm drains;
• Staging and distribution of sandbags;
• Tabletop exercises to develop and train staff on emergency response; SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
• Reviewing emergency contracts and identifying contractors and equipment that may be needed on short notice;
• Coordinating Public Works, Fire, Police, Emergency Management, Parking, and other City operations;
• Coordinating with Marin County, neighboring jurisdictions, utilities, transportation agencies, and other regional and state partners;
• Reviewing Emergency Operations Center staffing and departmental emergency response procedures;
• Preparing public information regarding flood preparedness, sandbag locations, emergency alerts, road closures, evacuation preparedness, and other storm-related information; and • Conducting targeted outreach to populations and neighborhoods that may experience disproportionate impacts or barriers to receiving emergency information.

Resolution Proclaiming a Local Emergency Due to El Niño and Winter Storms The anticipated 2026–2027 El Niño and winter storm season could bring impacts beyond those experienced during last winter’s King Tides. Depending on the timing and severity of individual storm events, the City may experience repeated periods of heavy rainfall, flooding, erosion, transportation disruptions, power outages, damage to homes and critical infrastructure, and interruptions to essential services. Vulnerable residents and communities may experience disproportionate impacts from flooding, power outages, transportation disruptions, or interruptions to essential services.

Title 7 of the San Rafael Municipal Code (SRMC) establishes the City’s emergency services organization and authorizes responses to actual or threatened emergencies. Section 7.04.020 defines an emergency to include the actual or threatened existence of conditions of extreme peril to persons and property caused by conditions including floods, storms, and landslides when those conditions are or are likely to exceed the resources of the City and require assistance from other political subdivisions. The SRMC incorporates the definitions contained in the California Emergency Services Act.

Under Section 7.12.010, the City Manager serves as the City’s Director of Emergency Services. During a proclaimed emergency, the Director has authority under Section 7.12.020 to direct and coordinate the City’s emergency organization; obtain necessary supplies and equipment; requisition personnel and materials; and exercise other emergency powers authorized by law, City Council resolution, or the City’s Emergency Operations Plan. The accompanying resolution also vests these powers in the Assistant Director of Emergency Services. In addition, under Section 2.55.100 (B), emergency purchases and contracts may be exempt from competitive bidding under a declared emergency.

Although significant winter storms have not yet occurred, the threat presented by the developing El Niño is sufficiently imminent to warrant advance action. The Governor has similarly determined that conditions of extreme peril exist because of the developing event and has proclaimed a statewide emergency specifically to enable state and local agencies to prepare before severe storms arrive.

Staff therefore recommends that the City Council proclaim the existence of a local emergency based on the threatened conditions associated with the developing El Niño and authorize the City Manager, acting as Director of Emergency Services, to take actions reasonably necessary to prepare for and respond to the emergency, consistent with the SRMC, the City’s Emergency Operations Plan, applicable state law, and the accompanying resolution.

The proclamation supports the City's ability to rapidly identify, procure, stage, and pre-position equipment, supplies, materials, services, personnel, and other resources; enter into necessary agreements and contracts; coordinate preparedness and mitigation activities; and work with neighboring jurisdictions, regional agencies, Marin County, state and federal agencies, utility providers, transportation agencies, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
and other public and private partners. These authorities will allow the City to respond more quickly as conditions develop and help protect life, property, critical infrastructure, and essential City services.

The resolution also exempts Public Works contracts and other City contracts related to preparation for and response to the El Niño event from otherwise applicable bidding requirements, pursuant to SRMC Section 11.50.080, as deemed necessary by the Director of Emergency Services.

The City will continue to monitor conditions and adjust preparedness and operational measures as conditions warrant. The local emergency will remain in effect subject to the review requirements of applicable State law and the SRMC, which require the City Council to review the need for continuing the local emergency at least once every 60 days until it is terminated. The City will terminate it at the earliest possible date when conditions warrant.

Emergency Reserve Funding
In June 2024, the City Council updated the City’s General Fund Reserve Policy. The Policy establishes a minimum General Fund Emergency and Cash Flow Reserve equal to 15 percent of General Fund operating expenditures, consisting of a 5 percent Economic Uncertainty Reserve and a 10 percent Emergency Reserve. The Emergency Reserve is specifically designated to mitigate costs associated with unforeseen emergencies and natural disasters.

The Policy provides that reserve funds may be expended when the City Council determines by resolution that their use is consistent with the purpose and intent of the reserve policy. It further states the Council’s intent that reserves generally be used for unanticipated, non-recurring needs rather than ongoing operating expenditures.

Staff recommends that the City Council authorize a supplemental FY2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve to support immediate preparedness and response activities associated with the 2026–2027 El Niño event. Potential expenditures could include, but would not necessarily be limited to:
• Temporary pumps, generators, hoses, barriers, sandbags, and other flood-control materials; • Emergency equipment rental;
• Emergency drainage, vegetation, debris removal, or maintenance work; • Temporary flood-control improvements;
• Emergency contractor services;
• Supplies and equipment necessary to protect City staff, facilities, and infrastructure; • Traffic-control and road-closure equipment;
• Emergency communications and public information;
• Staff overtime and other extraordinary personnel costs, where appropriate and eligible; • Emergency sheltering or other community-support activities, if necessary; and • Other unanticipated expenditures directly related to preparing for or responding to severe winter weather.

The requested authorization would allow the City to act quickly as conditions and forecasts evolve without returning to the City Council for individual expenditures within the $500,000 authorization. Staff would track expenditures separately to support financial reporting and any potential reimbursement requests from state or federal agencies.

The City of Sausalito recently authorized $250,000 in Emergency Reserve Policy funding for expedited flood improvements in the Gate 5 Road area as part of its preparations for anticipated El Niño and King Tide conditions, and other Marin County jurisdictions are expected to take similar action.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
COMMUNITY ENGAGEMENT:

Sea Level Rise and Flooding Risks
Over the past four years, more than 100 engagements on sea level rise have been conducted. It is estimated that over 5,000 people have been engaged directly through these events.

El Niño and Emergency Preparedness
The City will conduct proactive public outreach throughout the winter season to provide residents and businesses with timely information regarding storm preparedness, flood risks, emergency alerts, sandbag availability, road closures, and other emergency information.

Communications will be coordinated across City departments and, where appropriate, with Marin County and other regional partners. Consistent with the City’s language access practices, emergency preparedness and response information will be made available in Spanish, with particular attention to reaching residents who may face language, disability, transportation, technology, or other barriers to receiving emergency information.

Most recently, on September 26, 2026, City staff participated in the Canal Community Fair, sponsored by the Canal Alliance, which provided information about local community resources and emergency preparedness in the Canal neighborhood. The City will post information about additional events and engagement opportunities on its website and social media accounts.

FISCAL IMPACT:

Sea Level Rise and Flooding Risks
There is no immediate fiscal impact to receiving this report. However, future physical flood protection measures are likely to require investments on a scale beyond currently available grant sources.

El Niño Preparedness and Response
The recommended action would authorize a supplemental FY 2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve for preparation and response activities associated with the 2026–2027 El Niño event.

The City’s General Fund Reserve Policy establishes the Emergency Reserve at 10 percent of General Fund operating expenditures. Specifically, it authorizes its use for unforeseen emergencies and natural disasters, subject to City Council approval by resolution. The current Emergency Reserve balance (as of June 30, 2026) is approximately $10.8 million. Consistent with the General Fund Reserve Policy, any funds drawn from the Emergency Reserve Fund would be required to be restored through the subsequent fiscal year’s budget process.

Only actual costs incurred would be charged against the authorization. Staff will separately account for eligible emergency-related expenditures and seek reimbursement from state, federal, or other sources to the extent such funding becomes available.

OPTIONS:

The City Council has the following options to consider:

1. Adopt the recommended actions. Receive the presentation, adopt the resolution proclaiming a local emergency and authorizing necessary preparedness and response actions, and authorize a supplemental FY 2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7

2. Modify the recommended actions. Receive the presentation and adopt the resolution with modifications, including modifying the amount or permitted uses of Emergency Reserve funding.

3. Do not proclaim a local emergency at this time. Receive the presentation and direct staff to continue preparations using existing authority and appropriations and return to the City Council if conditions warrant additional action.

RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Receive a presentation regarding existing flood risks and sea level rise in San Rafael and the City’s preparations for the approaching 2026–2027 El Niño winter season;

3. Authorize a supplemental fiscal year (FY) 2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve for necessary storm preparation and response activities.

ATTACHMENTS:

1. Resolution

2. Governor’s State of Emergency Proclamation
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROCLAIMING THE

EXISTENCE OF A LOCAL EMERGENCY IN THE CITY OF SAN RAFAEL DUE TO THE PROJECTED IMPACTS FROM EL NIÑO DURING WINTER 2026-2027 AND AUTHORIZING NECESSARY ACTIONS TO PREPARE FOR AND RESPOND TO THE EMERGENCY; AND AUTHORIZING A SUPPLEMENTAL FY 2026-27 BUDGET APPROPRIATION OF $500,000

FROM THE GENERAL FUND EMERGENCY RESERVE FOR STORM PREPARATION AND

RESPONSE
WHEREAS, in the past several years, California, including the City of San Rafael (“City”), has experienced increasingly severe and destructive storms, including atmospheric river events that have caused widespread flooding, mud and debris flows, landslides, high winds, power outages, road and highway closures, damage to homes and critical infrastructure, and disruption of essential services; and
WHEREAS, San Rafael has more than 16,000 residents who live in areas that abut either the San Francisco Bay or waterways that feed into the San Francisco Bay, and which are influenced by San Francisco Bay tides; and
WHEREAS, even without storms, the City experiences flooding in low-lying areas due to exceptionally high tides, which has resulted in the flooding of major roadways through the City; and
WHEREAS, California, including the City, is entering the 2026-2027 wet season amid ongoing development of a strong and likely historic El Niño, a climate pattern event in the Pacific Ocean; and
WHEREAS, the National Oceanic and Atmospheric Administration’s National Weather Service Climate Prediction Center, in its September 10, 2026, diagnostic report, found that the El Niño event is strengthening, with a greater than 90 percent chance of a very strong event during Northern Hemisphere fall and winter of 2026–2027; and
WHEREAS, the Climate Prediction Center projected a 75 percent chance that the event will reach historic strength during the October through December 2026 season, defined as a three-month Relative Oceanic Niño Index, and exceeding the strength of all prior El Niño events in the historical record beginning in 1950; and
WHEREAS, the National Weather Service Climate Prediction Center has found that atmospheric conditions over the tropical Pacific are consistent with a strengthening El Niño, including changes in equatorial winds and an eastward shift in enhanced convection and rainfall toward the central and eastern Pacific; and
WHEREAS, elevated baseline coastal water levels, combined with high tides and coastal storms, can increase risks of flooding, bayside erosion, transportation disruption, and damage to public and private infrastructure; and
WHEREAS, California has already begun to experience effects attributed to this El Niño event, with coastal water levels averaging a few inches above tidal predictions; and WHEREAS, historical experience demonstrates that very strong El Niño events can be associated with exceptionally wet and destructive winter conditions in California; and WHEREAS, the National Weather Service’s Bay Area office’s September 21, 2026, El Niño update indicated that the seasonal precipitation outlook for December-January-February is forecast to be above normal, which indicates it is slightly more likely that Marin will see higher than average levels of precipitation in the winter months; and WHEREAS, the City’s recent experience with atmospheric rivers, flooding, bayside erosion, inundation, and damage to transportation and stormwater infrastructure demonstrates the importance of procuring and positioning resources, clearing waterways, preparing the public, and taking additional actions to prepare before severe storms arrive; and WHEREAS, Government Code Section 8558(c)(1) defines a local emergency as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as flood, storm, or other conditions, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat; and
WHEREAS, on September 21, 2026, Governor Newsom found that pursuant to Government Code Section 8558(b), conditions of extreme peril to the safety of persons and property exist due to the developing El Niño event, and that the developing El Niño event is likely to cause conditions that, by reason of their magnitude, are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS, accordingly, on September 21, 2026, Governor Newsom proclaimed that a state of emergency (“Proclamation”) exists statewide due to the developing 2026-2027 El Niño event, based on the findings set forth in that declaration, that include, but are not limited to, that local governments, local water agencies, and local flood control authorities have requested action now to enable them to move quickly to begin preparations for preventing and responding to the impacts of potential flooding; and
WHEREAS, San Rafael Municipal Code Section 7.04.020(a) defines an “emergency” as an “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as…flood, storm….which are or are likely to be beyond the control of the services, personnel, equipment, facilities, and related resources of this City, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, to prepare for the upcoming El Niño event, the City must coordinate with other agencies, such as the County of Marin, utility providers, special districts, such as water and sanitary districts, and state/regional agencies, such as the California Department of Transportation and San Francisco Bay Conservation and Development Commission, and time is of the essence; and
WHEREAS, the City’s General Fund Reserve Policy establishes an Emergency Reserve for unforeseen emergencies and natural disasters and provides that the City Council may authorize expenditure of reserve funds by resolution when their use is consistent with the purpose and intent of the policy; and
WHEREAS, the City Council finds that expenditures necessary to prepare for and respond to the threatened impacts of the 2026–2027 El Niño event constitute an appropriate use of the General Fund Emergency Reserve; and
WHEREAS, staff recommends that the City Council authorize the appropriation and expenditure of $500,000 from the General Fund Emergency Reserve to provide the City with the resources and flexibility necessary to undertake timely storm preparation and emergency response activities.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on the accompanying staff report and staff presentation, the Governor’s Proclamation, and public comment received, the foregoing recitals are true and correct and proclaims that a local emergency exists as that term is defined in both state and local law due to the upcoming El Niño in 2026-2027 and its threatened extreme peril; and
BE IT FURTHER RESOLVED, that the City Manager, as Director of Emergency Services, and Assistant Director of Emergency Services are hereby vested with all powers and duties as set forth in San Rafael Municipal Code Sections 2.55.100.B and 7.12.020 as they relate to the City’s preparation and response to the upcoming El Niño event; and BE IT FURTHER RESOLVED, that Public Works contracts and other City contracts that would otherwise be subject to bidding requirements related to the preparation and response to the upcoming El Niño event are hereby exempt from bidding requirements pursuant to San Rafael Municipal Code Section 11.50.080 and other contract requirements as deemed necessary by the Director of Emergency Services; and
BE IT FURTHER RESOLVED, the City Council hereby authorizes a supplemental FY 2026-27 budget appropriation of $500,000 from the General Fund Emergency Reserve for costs reasonably related to preparation for and response to the 2026–2027 El Niño event. Authorized expenditures may include, without limitation: emergency equipment, supplies, and materials; temporary pumps, generators, barriers, sandbags, hoses, and flood-control equipment; equipment rental; emergency contractor and professional services; drainage, debris-removal, vegetation-management, and infrastructure work; temporary flood-protection measures; trafficcontrol and road-closure equipment; emergency communications and public information; extraordinary personnel and overtime costs, as appropriate; emergency sheltering, evacuation, and community-support activities; and other necessary and reasonable expenditures directly related to preparation for, mitigation of, or response to the threatened emergency; and BE IT FURTHER RESOLVED, the City Manager is authorized and directed to make all budgetary and accounting adjustments necessary to implement this authorization and to establish appropriate procedures for separately tracking and documenting costs associated with the local emergency; and
BE IT FURTHER RESOLVED, City staff shall pursue reimbursement, grants, mutual aid reimbursement, disaster assistance, or other funding from the State of California, the Federal Emergency Management Agency, Marin County, or other available sources for eligible costs incurred by the City; however, nothing in this resolution shall be construed as representing or guaranteeing that any City expenditure will qualify for reimbursement by another governmental agency; and
BE IT FURTHER RESOLVED, that the City staff shall report on the status of this Citydeclared emergency at least once every 60 days, at a City Council meeting, during the duration of this emergency, until the local emergency is terminated; and BE IT FURTHER RESOLVED, that the City Council shall terminate the local emergency at the earliest possible date that conditions warrant, pursuant to Government Code Section 8630(d).

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS in the past several years, California has experienced increasingly severe and destructive storms, including atmospheric river events that have caused widespread flooding, mud and debris flows, landslides, high winds, power outages, road and highway closures, evacuation orders, damage to homes and critical infrastructure, and disruption of essential services; and WHEREAS climate change is intensifying these weather and hydrologic extremes in California, contributing to increasingly severe swings between drought and flooding, and heightening the risks that extreme storms pose to communities, infrastructure, natural resources, and the economy; and WHEREAS California is entering the 2026–2027 wet season amid the ongoing development of a strong and likely historic El Niño event in the Pacific Ocean; and
WHEREAS the National Oceanic and Atmospheric Administration’s National Weather Service Climate Prediction Center, in its August 13, 2026, diagnostic report, found that the El Niño event is strengthening, with a greater than 90 percent chance of a very strong event during Northern Hemisphere fall and winter of 2026–2027; and
WHEREAS the Climate Prediction Center projected a 69 percent chance that the event will reach historic strength during the October through December 2026 season, defined as a three-month Relative Oceanic Niño Index, and exceeding the strength of all prior El Niño events in the historical record beginning in 1950; and
WHEREAS the National Weather Service Climate Prediction Center has found that atmospheric conditions over the tropical Pacific are consistent with a strengthening El Niño, including changes in equatorial winds and an eastward shift in enhanced convection and rainfall toward the central and eastern Pacific, making it more likely that at least some parts of California will experience stronger storms in coming months; and
WHEREAS elevated baseline coastal water levels, combined with high tides, large waves, high surf, and coastal storms, can increase risks of coastal flooding, beach erosion, bluff erosion, transportation disruption, and damage to public and private infrastructure; and
WHEREAS California has already begun to experience effects attributed to this El Niño event, including unusual precipitation and significant coastal flooding; and
WHEREAS historical experience demonstrates that very strong El Niño events do not produce uniform statewide outcomes, but can be associated with exceptionally wet and destructive winter conditions in California; and WHEREAS California’s recent experience with atmospheric rivers, debris flows following wildfires, flash flooding, coastal erosion, inundation, and damage to transportation and flood-control infrastructure demonstrates the importance of procuring and positioning resources, clearing waterways, and taking additional actions to prepare before severe storms arrive; and WHEREAS areas affected by recent wildfires are particularly susceptible to flash flooding, mud and debris flows, erosion, sediment transport, and road closures during high-intensity rainfall; and
WHEREAS in light of that experience, local governments, local water agencies, and local flood control authorities have requested action now to enable them to move quickly to begin preparations for preventing and responding to the impacts of potential flooding; and
WHEREAS low-income communities, farmworker families, rural residents, seniors, persons with disabilities, residents with limited transportation access, people experiencing homelessness, and communities in flood-prone, coastal, or post-fire areas may face disproportionate risks; and
WHEREAS the demonstrated potential for a very strong or historic-strength El Niño event to cause elevated coastal water levels and high-impact storms in California warrants early, coordinated, and targeted preparedness actions to protect Californians, critical infrastructure, agricultural lands, natural resources, and the State’s economy; and
WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to the developing El Niño event; and
WHEREAS under the provisions of Government Code section 8558(b), I find that the developing El Niño event is likely to cause conditions that, by reason of their magnitude, are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the extreme peril posed by the developing El Niño event; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the developing El Niño event.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist statewide due to the developing 2026–2027 El Niño event.

IT IS HEREBY ORDERED THAT:

1. All agencies of the state government are to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor’s Office of Emergency Services and the State Emergency Plan. The Governor’s Office of Emergency Services shall coordinate statewide preparedness activities for potential severe weather, flooding, coastal flooding, erosion, mud and debris flows, and related impacts associated with conditions resulting from the El Niño event, including atmospheric rivers and other severe storm systems. The Governor’s Office of Emergency Services shall work with local and tribal governments to support emergency planning, resource coordination, and requests for state assistance. To protect their safety, all residents are to obey the direction of emergency officials with regard to this emergency.

2. As necessary to assist local governments and for the protection of public safety and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of this emergency. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of this emergency.

3. The California Environmental Protection Agency and the California Natural Resources Agency, including boards, departments, and offices within those agencies, are directed to prioritize work to help local agencies prepare for anticipated impacts from the El Niño event. In particular, those state agencies are directed to prioritize permitting, consultation, and technical assistance to support local efforts to prevent or mitigate impacts from anticipated or potential flooding, landslides, and mud and debris flows, including local efforts to expedite levee and other flood management infrastructure repairs, vegetation management, debris removal, sediment management, bridge scour protection, and channel-capacity improvements. State agencies are directed to work with local agencies to issue any necessary permits or other approvals for such efforts as quickly as possible, including by identifying and invoking existing emergency authorities or other pathways for streamlined review.

On or before October 16, 2026, the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall submit a joint recommendation to my office as to whether further action or emergency suspensions are necessary to support and expedite this work.

4. The Governor’s Office of Emergency Services shall coordinate the State’s preparation for and response to the developing El Niño event, including by working with the Department of Water Resources and other appropriate government agencies to prepare to pre-position personnel, equipment, supplies, commodities, and other resources based on forecast conditions, local needs, and identified risks. In particular, this work shall draw on the Department of Water Resources’ guidance regarding floodrisk-reduction activities.

5. The Department of Water Resources shall take appropriate action to procure, maintain, stage, pre-position, distribute, and replenish flood-fight supplies, equipment (including, but not limited to, sandbags, riprap and other rock materials, plastic sheeting, and pumps), and other materials necessary to support statewide flood preparedness, response, and protective actions in connection with the El Niño event. The Department of Water Resources shall coordinate with appropriate government agencies to identify priority areas for flood-fight material staging and plans to make these materials available where they are needed, when they are needed.

6. The Department of Water Resources, through its Division of Safety of Dams, shall conduct outreach to owners of jurisdictional dams regarding potential severe conditions during the El Niño event and shall reiterate to dam owners their responsibilities to inspect, operate, maintain, repair, and safely manage their dams and appurtenant structures in accordance with applicable law, permit conditions, emergency action plans, and directives of the Division of Safety of Dams.

7. The Governor’s Office of Emergency Services, in coordination with the Department of Water Resources, shall conduct outreach to counties, cities, and relevant local agencies that are responsible for levees, floodcontrol facilities, and associated structures that may be vulnerable to impacts of the El Niño event to take appropriate actions to procure, maintain, stage, pre-position, distribute, and replenish flood-fight supplies, commodities, equipment, and materials necessary to support flood preparedness, response, and protective actions.

8. The Department of Water Resources, in coordination with the State Water Resources Control Board, shall conduct outreach and education to advance groundwater recharge projects and to use flood flows to recharge groundwater aquifers under existing law with the goal of reducing flood impacts and strengthening local water supplies.

9. Consistent with Paragraph 3 of this Proclamation, the Coastal Commission is directed to expedite review and action on proposed development by coastal communities to prepare for the impacts of this El Niño event.

Coastal communities are encouraged to submit permit applications, as appropriate, to facilitate timely Coastal Commission review, technical assistance, and other support for El Niño preparations. After an application is received, the Commission shall respond with notification of any incomplete items within five days. After an application is complete, it shall be scheduled for hearing at the next Commission meeting. For emergency permit requests, the Commission shall accept both written and oral requests to its district offices. When necessary to address an urgent need related to this emergency, the Commission shall take action on emergency permit requests as quickly as possible and within twentyfour hours of receipt.

10. The California Department of Transportation and California State Transportation Agency shall identify those state highways, bridges, culverts, drainage facilities, slopes, and other transportation infrastructure most at risk of flooding, erosion, debris flows, rockslides, mudslides, or other significant impacts from severe storms caused by the El Niño event, and transmit to the Governor’s Office of Emergency Services a prioritized list of projects to address such risks within 30 days of this Proclamation.

11. The California Department of Transportation shall develop plans to preposition personnel and materials (including directional signage, trafficcontrol devices, road-closure devices, warning signs, delineators, emergency communications equipment, and other resources) at or near locations that may be identified as at risk of severe impacts from the El Niño event. This shall include plans to prepare and pre-position snowremoval, snow-control, and ice-control equipment as appropriate, including snowplows, snow blowers, graders, loaders, chain-control equipment, salt, sand, and other materials necessary to maintain safe travel and restore access on state highways during the El Niño event.

12. The Adjutant General and the California Military Department shall, in coordination with the Director of the Governor’s Office of Emergency Services, identify California National Guard personnel, equipment, and capabilities that may be available to support state and local emergency operations, if activated or tasked, in relation to this El Niño event. Such planning shall include readiness for high-water vehicle operations; aviation operations, including reconnaissance, search and rescue, transport, and heavy-lift support, as appropriate; engineering support; emergency communications; transportation and logistics; evacuation support; flood-fight activities; debris removal and route clearance; commodity distribution; shelter support; and other life-safety and emergency-support missions.

13.California Volunteers, in coordination with the Governor’s Office of Emergency Services and other appropriate agencies, shall prepare to mobilize volunteers and trained service members, consistent with their training, mission, safety requirements, and applicable law, to support state and local preparedness, response, and recovery activities in connection with the El Niño event.

14. The California Conservation Corps shall prepare to deploy Corpsmembers, consistent with its statutory mission, training, available resources, safety requirements, and applicable law, to support severe weather preparedness and response activities in connection with the El Niño event.

15. The California Energy Commission, the Office of Energy Infrastructure Safety, and the State Water Resources Control Board and regional water quality control boards are directed, and the California Public Utilities Commission is requested, to coordinate, consistent with their respective authorities, with electrical, natural-gas, water, wastewater, telecommunications, transportation, and other critical-service providers to enhance readiness and support timely restoration of essential services following storm impacts.

16. The Governor’s Office of Emergency Services, in consultation with relevant state agencies, shall expand accessible, multilingual public preparedness communications related to severe weather, flooding, emergency alerts, evacuation readiness, power outages, safe travel, disaster assistance, and household emergency planning.

17.Agencies under my direct authority shall cooperate in their response to this emergency. Other agencies are requested to assist in responding to this emergency, as appropriate.

18. The restrictions set forth in Penal Code section 396, which are automatically triggered upon proclamation of a state of emergency, are suspended, and no such restrictions are imposed, with respect to this El Niño event, at this time.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 21st day
of September 2026.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH. D
Secretary of State

San Rafael City CouncilOctober 5, 2026

San Rafael City Council
October 5, 2026