3.b-exclusive-negotiating-agreement-regarding-affordable-housing-43ebeb72

____________________________________________________________________________________

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.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
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.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
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
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
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

San Rafael City CouncilOctober 5, 2026

San Rafael City Council
October 5, 2026